Town of Mansfield, CT Article 11 Special Permit and Site Plan Requirements

§ 190-73 Site plan requirements.

A. Intent.

(1) As required in other sections of these Zoning Regulations, the approval of a site plan may be necessary for new construction, including expansion; site modifications; new uses and changes in use. The following site plan requirements are designed to ensure the appropriate and orderly use and development of land within Mansfield's assorted Zoning Districts; to minimize any detrimental effects on the established development patterns of the surrounding area, the natural environment and property values; and to protect and promote Mansfield's health, welfare and safety.

(2) For all projects involving new construction, the Architectural and Design Standards contained in § 190-77 shall be utilized as determinants to organize a site layout and to develop the composition and character of new buildings and site improvements. The use of these standards will facilitate Mansfield's application review and approval processes.

B. Procedure.

(1) Prior to the issuance of a zoning permit for any use which requires site plan approval, an application with accompanying information shall be submitted to the Planning and Zoning Commission for its review. Applications shall only be received at a regular meeting of the Commission. Applications should be filed in the Mansfield Planning Office at least seven days prior to a regular meeting for analysis and placement on the agenda. If an application involves activities within regulated areas, as defined by the Mansfield Inland Wetland Agency (IWA), the application shall not be received unless a license application for said activities has been received by the IWA and is currently under IWA review; or unless a license for said activities has been approved by the IWA; or unless the proposed activities have been ruled by the IWA to be exempt from licensing requirements. Once an application has been received as complete, the Planning and Zoning Commission shall conduct its review and, within statutory time limitations, approve, approve subject to modification, or deny the site plan application. As appropriate, neighboring municipalities shall be notified as per the provisions of the State Statutes and § 190-83. As deemed appropriate, the Commission may conduct a Public Hearing on the application. No new information shall be received from the applicant or the public after the close of the Public Hearing. The Commission shall cite reasons for its action. Upon receipt of a site plan application, the Commission may refer the plan to local staff members, including the Health and Public Works Departments, the Commission's appointed Design Review Panel, and other local, State or Federal agencies. Final action shall be based on the application as originally received unless the Planning and Zoning Commission agrees to accept revised information.

(2) All potential site plan applicants are encouraged to arrange with the Director of Planning and Development a pre-application conference to discuss application requirements and procedures. Such a meeting will help identify potential problem areas and expedite the application review process. Whenever a proposed site plan application involves inland wetlands and watercourses and/or areas within 150 feet of inland wetlands or watercourses, the approval of the Mansfield Inland Wetland Agency may be necessary. The applicant shall be responsible for contacting the Inland Wetland Agency and any necessary Inland Wetland approvals should be obtained prior to final action of the Planning and Zoning Commission. As appropriate Inland Wetland Agency requirements shall be incorporated into the site plan application.

C. Application requirements. It is recommended that the Director of Planning and Development be contacted for assistance in determining what information may be required for a specific site plan application. Unless waived as per the provisions of § 190-73D, the following information shall be required for site plan applications:

(1) A completed Application Form including fee payment. Said application must be signed by the owner of the subject property or by an individual with a legally binding contract to purchase the subject property.

(2) Statement of use. A written statement describing the proposed use in sufficient detail to determine compliance with the permitted use provisions of these regulations. Said statement shall also address Mansfield Inland Wetland Agency (IWA) requirements by stating whether proposed activities are under the jurisdiction of the IWA and by relating the current status of any IWA license application. No application involving proposed activities within regulated areas, as defined by the IWA, shall be received unless the IWA has authorized the activities or unless the IWA has received and is processing a license application for proposed activities in regulated areas. (Any questions regarding IWA requirements should be reviewed with the Mansfield Inland Wetlands Agent.)

(3) Notification of abutting property owners. The applicant shall be responsible for notifying all property owners abutting the site of a proposed use or activity requiring site plan approval, including property owners across the street from a subject site (as measured at right angles to straight street lines and radial to curved street lines). Said notification, which shall be sent by Certificate of Mailing, within seven days of the Commission's receipt of the application, shall include the applicant's Statement of Use and mapping that depicts areas of proposed activity. The notice also shall reference the fact that the complete application is available for review in the Mansfield Planning Office. Notification forms available in the Mansfield Planning Office shall be utilized for notifying abutting property owners.

(4) Site plan. Five copies* of a site plan drawn to a scale of not less than one inch equals 20 feet or more than one inch equals 40 feet, appropriately signed and sealed by a professional engineer and/or land surveyor and/or landscape architect licensed in the State of Connecticut. The site plan, which shall incorporate all applicable architectural and design standards of § 190-77 and shall include the following information, unless waived pursuant to Subsection D of this section (*additional copies may be required):

(a) A title block showing the property owner, the applicant, the scale and the drawing date, including all revision dates;

(b) The original signature and seal of the professional engineer and/or land surveyor responsible for the submissions. Unless waived by the Commission, all survey data shall be to an A-2 standard. Waivers shall not be granted for applications involving new principal buildings or major additions or for applications where A-2 survey data is required to verify compliance with these Regulations.

(c) Plans shall be signed and sealed by a landscape architect licensed by the State of Connecticut whenever:

[1] The application involves the construction of multi-family residential, commercial, industrial or other non-residential structures exceeding a size of 1,000 square feet of gross floor area; or

[2] The Commission determines that a landscape architect's participation in preparing the plans is necessary to address the application requirements and approval criteria of these regulations.

(d) A location map at a scale of one inch equals 1,000 feet showing surrounding properties within 500 feet of the subject site; identifying adjacent property in the same ownership or in control of the applicant; and including roads, watercourses, zoning district boundaries and any other physical features within 3,000 feet of the subject site which relate to the proposed site development. (Dependent on the nature of the proposal, a separate map at a more detailed scale may be required.)

(e) The property lines and square footage of the subject lot(s); appropriate yard or setback requirements, north arrow and zone classification(s).

(f) Both sides of adjacent streets; existing utility poles and/or underground lines; stone walls, fences and other pertinent roadside features.

(g) Names and addresses of all abutting property owners, including those across any street, as determined from the current Assessor's records.

(h) Location and size of existing and proposed buildings, structures, and signs and including floor elevations of buildings. As possible, buildings on adjacent land that might be affected by the proposal should be shown.

(i) Existing and proposed contours with intervals adequate to indicate drainage and grades and including topographic bench marks and the source of topographic information. Contour intervals shall not exceed five feet and dependent on the nature of the proposal, spot elevations and two-foot contour intervals obtained from on-site survey may be required, particularly in areas to be regraded. An estimate of the amount of fill or the amount of material to be removed shall be noted on the plan.

(j) Watercourses, swamps and other water related features, specifically including, regulated inland wetlands, flood hazard areas, state designated channel encroachment lines and identified aquifers on the site or within 500 feet of the site. For more information on flood hazard areas see Article 10 and § 190-13 (definition of flood hazard area). For more information on aquifer areas see § 190-75D(13).

(k) Exposed ledge and areas shallow to bedrock. Depending on the nature of the proposal, an on-site soil survey by a registered soil scientist may be required.

(l) Waste disposal and water supply facilities, including the locations and findings of all test pits, borings and percolation tests, and the location of public drinking water wells within 500 feet of the site.

(m) Existing and proposed drainage ways, storm drainage facilities, roadways, bridges, sidewalks, bikeways, paths and trails, utility features including existing and proposed underground utility lines and any other drainage or circulation features. Construction details, existing and proposed easements, rights to drain, and proposed sediment and erosion control measures shall be shown on the site plan.

(n) Existing and proposed off-street parking and loading areas, fire access lanes, outside storage and refuse areas, and underground and aboveground fuel and chemical storage tanks. All required parking spaces, loading areas, fire lanes, etc. shall be clearly delineated with pavement markings or other suitable measures. All refuse areas shall be adequately sized for both refuse and materials to be recycled and shall be screened to minimize visual impact.

(o) Existing and proposed fencing, walls, screening, buffer and landscaped areas, including the location, size and type of significant existing vegetation and unique or special landscape elements; historic features including but not limited to old foundations, dams, sluiceways, mill races, rip-rapping, wells and other utility features, walks, paths, hitching posts, and former gardens, arbors, or enclosed areas; and the location, size and type of proposed trees and/or shrubs. Plants identified in the current State Department of Environmental Protection Agency listing of invasive species shall not be used. Native species or species appropriate to the historic period should be considered.

(p) Areas to remain as natural or undisturbed and areas to be protected through the use of conservation easements shall be identified on the site plan.

(q) Existing and proposed outdoor illumination, including method and intensity of proposed lighting and manufacturer's installation charts. Comprehensive lighting plans with foot candle details can be required as determined by the Commission.

(r) Location of existing and proposed recreational facilities including appropriate construction details for trails, ball fields, playgrounds, swimming pools, tennis, volleyball or basketball courts or other recreational improvements.

(s) Architectural plans of all proposed buildings, structures and signs, including exterior elevations, floor plans, perspective drawings, and information on the nature and color of building materials (see architectural and design standards of § 190-77).

(5) Sanitation report. The application shall submit a written sanitation report, with information on site characteristics and the proposed sanitary systems, including water supply and waste disposal. As necessary said report shall be prepared by the applicant's registered professional engineer or registered sanitarian. The report shall demonstrate that the subject sanitary systems will comply with State and Local Health Department requirements and all other applicable regulations including the Town's Sand and Gravel Regulations. Where a separate permit to fill a site is necessary, said permit shall be obtained and the fill shall be placed prior to the submission of a site plan application for the subject use or development project. Necessary on-site testing must be coordinated with the Town Health Officer.

(6) Erosion and sediment control plan. The applicant shall submit an Erosion and Sediment Control Plan in accordance with the requirements of § 190-75D(19) of these Regulations.

(7) Other information. Dependent on the nature of the proposal, the Commission shall have the right to require additional detailed information if it finds the information is necessary to review the application and determine compliance with applicable regulations and performance standards. Such information may include but shall not be limited to: traffic impact analysis, including specific information on how construction traffic will be regulated, routed and monitored; aquifer, watershed, and flooding data; drainage calculations and documentation of necessary drainage rights or easements; environmental and neighborhood impact analysis; erosion and sedimentation control plans, future plans for adjacent land under the control of the subject applicant or owner; information on homeowner or property-owner associations; maintenance provisions; estimates of site improvements costs, and bonding agreements.

D. Waiver of application requirement. Dependent on the nature of the proposal, the Planning and Zoning Commission may, by majority vote, waive the submission of all or part of the information required in preceding Subsection C(4) (Site Plan). These requirements may be waived only in situations where the information clearly is not needed to determine compliance with these Regulations. In general, these waiver provisions are most applicable to expansions of existing buildings and uses and changes in the use of existing buildings.

E. Approval criteria. In reviewing and approving any proposed site plan application, the Planning and Zoning Commission shall determine that the public's health, welfare, and safety have been protected and that the following criteria have been met:

(1) All required or necessary information has been provided by the applicant so that compliance with applicable regulations can be determined;

(2) The proposal complies with all other applicable sections of the Zoning Regulations including but not limited to: parking and loading; landscaping and buffering; aquifer areas; prohibited uses, performance standards; architectural and design standards; height and area requirements; signs, bonding, filling, grading, excavation, removal, processing of soil, stone, sand and gravel, peat moss, and other similar materials regulations and any special provisions applying to the subject use;

(3) The application has considered all other applicable local, state and federal requirements, including subdivision approval and necessary permits from the Mansfield Inland Wetlands Agency, the Mansfield Water Pollution Control Authority, the Mansfield Fire Marshal, the Mansfield Historic District Commission and the state Departments of Health, Environmental Protection and Transportation. For applications involving concurrent Inland Wetland Agency (IWA) license applications, no decision shall be made until the IWA has submitted a report with its final decision;

(4) The proposal has made safe and suitable provisions for water supply, waste disposal, flood control, fire and police protection, the protection of the natural environment, including air quality and surface and groundwater quality and the protection of existing aquifers and existing and potential public water supplies, cemeteries, historic structures and other features of historic value.

For all properties within one of the 10 historic village areas identified in § 190-60, the special historic village area review criteria contained in § 190-60B also shall be complied with;

(5) Vehicular and pedestrian access to the property and egress from the property and internal vehicular and pedestrian traffic patterns are safe and suitable and have been designed to maximize safety and avoid hazards and congestion. Adequate provisions have been made to address accessibility problems of handicapped individuals. All curb cuts shall have adequate sightlines and adjacent streets shall have adequate capacity to safely accommodate the traffic flows associated with the proposed use(s). As deemed necessary, off-site road and drainage improvements may be required by the Commission;

Sidewalks, bikeways, trails and/or other improvements designed to encourage and enhance safe pedestrian and bicycle use shall be required, unless specifically waived by a three-quarter (3/4) vote of the entire Commission (seven votes), for all sites within or proximate to Plan of Conservation and Development designated "Planned Development Areas"; proximate to schools, playgrounds, parks and other public facilities; or proximate to existing or planned walkway, bicycle or trail routes. In evaluating any waiver request, the Commission shall consider the size and the location of the proposed development, its relationship to existing or planned development, school sites, playground areas and other public areas and the location and nature of existing or planned sidewalk, bikeway or trail improvements.

(6) Off-street parking and loading, storm drainage improvements and grading plans are adequate, having been designed to promote vehicular and pedestrian safety and to prevent flooding, storm drainage and sediment and erosion problems. All required easements have been obtained by the applicant;

(7) The proposal has adequately considered all potential nuisances such as noise and outdoor lighting. Except where specifically authorized by these Regulations, all lighting shall be the minimum necessary to address safety and security needs taking into account manufacturer's installation charts and spacing recommendations for the proposed lighting. All lighting fixtures shall be designed to prevent undesirable illumination or glare above the site or beyond the site's property lines. All lighting fixtures shall be shielded and aimed downward unless it can be demonstrated that alternative designs will not result in spill light (undesirable light that falls outside the area of intended illumination).

(8) Passive solar and energy conservation techniques have been considered in the design of structures, structure orientation, street and lot layout, placement of vegetation, use of natural and man-made topographical features and protection of solar access within a development;

(9) The proposal has adequately considered construction traffic and potential on-site and off-site vehicular and pedestrian safety problems, potential neighborhood impact problems and potential road and property damage that could occur due to the nature and timing of proposed construction activity;

(10) Unless specifically waived by the Commission due to site and environmental constraints or adverse impacts to stonewalls or other historic features, existing significant trees or other natural or man-made features, all new wired utility lines (telephone, electric, cable, etc.) shall be installed underground within suitable conduits. For significant land use projects, the Commission also may require existing overhead utility lines to be replaced with underground lines.

(11) The basic design of the proposed uses, buildings or development; the relationship between the buildings and the land; the relationships between uses and between buildings or structures; and the overall physical appearance of the proposed use, building or development; comply with all applicable architectural and design standards of § 190-77 are in general harmony with the established development patterns of the surrounding area and will not serve to blight or detract from the value of abutting residences or other property.

F. Conditions of approval.

(1) In accordance with the provisions of § 190-76, the posting of a financial guarantee may be required.

(2) No Zoning Permit shall be issued for a use requiring site plan approval until the Chairman of the Planning and Zoning Commission has signed the final plans. Final plans shall not be signed until appropriate conditions of approval have been met. Development in phases may be authorized by the Planning and Zoning Commission;

(3) Certificates of zoning compliance:

(a) Except as noted below, no Certificate of Zoning Compliance shall be issued for a use requiring site plan approval until the approved site improvements have been satisfactorily completed and, in situations where an approved plan was prepared by a professional land surveyor or engineer, until the professional(s) responsible for the plan have certified in writing that the approved plan has been followed.

(b) In situations where public health and safety components of the project or sections thereof have been satisfactorily completed, upon request of the applicant, the Planning and Zoning Commission may authorize the issuance of a Certificate of Zoning Compliance provided a suitable bond with written bond agreement has been submitted and approved for the remaining site work or provided acceptable alternative arrangements are approved by the Commission.

(4) Maintenance. All improvements shown or required on the approved site plan, including, but not limited to road and drainage facilities, water supply and waste disposal facilities, parking areas, pedestrian ways, lighting and signs, must be maintained, on a continuing basis, in good order and repair and in proper appearance. All plantings and landscaped areas shall be maintained in a healthy state and the site shall be maintained free of debris, sand, salt, litter, weeds and other unsightly or deleterious matter or vegetation.

(5) Expiration. Except for site plan projects that qualify for longer approval periods pursuant to Section 8-3 of the State Statutes, any person, firm or corporation having obtained approval of a site plan application under this section shall complete all work in conjunction with such site plan within five years after the approval of the plan. Unless the Commission authorizes an extension or extensions as per Section 8-3 of the State Statutes, failure to complete all work (all physical improvements required by the approved plan) shall result in automatic expiration of the site plan approval. The date on which such five-year period expires shall be stated in the certification of approval of such site plan.

G. Violation of approval. Wherever the Zoning Agent and/or the Planning and Zoning Commission determines that the terms, conditions or restrictions upon which a site plan was approved have been violated, or that required site improvements have not been maintained, the Zoning Agent shall issue a violation notice to the subject property owner and any other persons, firms or corporations responsible. If the violation is not corrected within the time limits specified within the violation notice, enforcement shall be pursued through the legal remedies provided by State Statutes.

H. Revisions. Whereas all site plan approvals are based on the submitted plans and specifications, all proposed revisions to an approved project are required to receive prior approval as per the following provisions. All revisions are subject to the requirements of the Mansfield Inland Wetland Agency (IWA) and revisions shall not be approved unless all necessary IWA licenses or license modifications have been granted. Minor changes of approved plans may, with the concurrence of the Chairman of the Planning and Zoning Commission and the Zoning Agent, be made provided such changes do not affect the overall layout, design or nature of existing or proposed buildings or site improvements. All authorized minor changes shall be reported to the Commission.

I. Commission approval shall be required for:

(1) Any substantial revision of approved site and building plans including, but not limited to, changes in entrance drive design or location, overall parking layout, traffic patterns, storm drainage or waste disposal systems;

(2) Substantive changes in exterior building design, signs, or building materials;

(3) Changes in the use of an approved plan prior to initial occupancy;

(4) Interior alterations or renovations that alter or intensify a land use, such as, but not limited to, increases in finished floor area for the subject use, alterations affecting the nature of occupancy or number of possible occupants or customers, alterations affecting water supply or waste disposal needs, or alterations to uses involving hazardous materials.

The Commission, in the reasonable exercise of its discretion, shall have the right to approve the revision without the submission of a new application; or where the proposed revision is considered a significant alteration of the approved plans, the Commission shall have the right to require the submission and processing of a new site plan application. Revisions to signs shall not require the submission and processing of a new site plan application.

Failure to obtain necessary approval for revisions to approved plans shall be considered a violation and pursued in accordance with the provisions of Article 12 of these Regulations.

§ 190-74 Special permit requirements.

A. Intent.

(1) It is recognized that there are certain uses that would only be appropriate in Town if controlled as to area, location, or relation to the neighborhood so as to promote the public health, safety, and general welfare. As provided for elsewhere in these regulations, such uses shall be treated as special permit uses and provided procedures, standards and conditions set forth or referenced herein are complied with, these uses may be permitted in their respective zoning districts. All such uses are considered to have special characteristics and accordingly each application must be carefully reviewed on a case-by-case basis.

(2) For all projects involving new construction, the Architectural and Design Standards contained in § 190-77 shall be utilized as determinants to organize a site layout and to develop the composition and character of new buildings and site improvements. The use of these standards will facilitate Mansfield's application review and approval processes.

B. Procedure.

(1) Prior to the issuance of a zoning permit for any use requiring special permit approval, an application with accompanying information shall be submitted to the Planning and Zoning Commission for its review. Applications should be filed in the Mansfield Planning Office for analysis and placement on the agenda. Following receipt of a complete applications, the Planning and Zoning Commission shall hold a formal Public Hearing, complete its review and within statutory time limitations, grant, grant subject to conditions, or deny the special permit application. As appropriate, neighboring municipalities shall be notified as per the provisions of the State Statutes and § 190-83. The Commission shall cite reasons for its actions. Upon receipt of a special permit application, the Commission may refer the application to staff members including but not limited to the Health and Public Works Departments, the Commission appointed Design Review Panel, and other local, State, or Federal agencies. Final action shall be based on the application as originally received or as modified during the public hearing. The applicant shall be responsible for the costs for any advertising necessitated by the submission of revised or supplemental information received following the publication of the Hearing notices and the scheduled Public Hearing. No new information shall be received from the applicant or the public after the close of the Public Hearing.

(2) All potential special permit applicants are encouraged to arrange with the Director of Planning and Development a pre-application conference to discuss application requirements and procedures. Such a meeting may help identify potential problem areas and expedite the application review process.

(3) Whenever a proposed special permit application involves inland wetlands and watercourses and/or areas within 150 feet of inland wetlands or watercourses, the approval of the Mansfield Inland Wetland Agency may be necessary. The applicant shall be responsible for contacting the Inland Wetland Agency and any necessary Inland Wetland approvals must be obtained prior to a decision by the Commission, as required by State Statute. As appropriate, Inland Wetland Agency requirements shall be incorporated into the special permit application.

C. Application requirements. It is recommended that the Director of Planning and Development be contacted for assistance in determining what information may be required for a specific special permit application. Unless waived as per the provisions of § 190-74D, the following information shall be required for special permit applications:

(1) A completed application form, including fee payment. Said application must be signed by the owner of the subject property or by an individual with a legally binding contract to purchase the subject property.

(2) Statement of use. A written statement fully describing the nature, intensity and location of the proposed use and all other important aspects of the proposed use. Said statement shall also address Mansfield Inland Wetland Agency (IWA) requirements by stating whether proposed activities are under the jurisdiction of the IWA and by relating the current status of any IWA license application. No application involving proposed activities within regulated areas, as defined by the IWA, shall be received unless the IWA has authorized the activities or unless the IWA has received and is processing a license application for proposed activities in regulated areas. (Any questions regarding IWA requirements should be reviewed with the Mansfield Inland Wetlands Agent.)

(3) Notification of neighboring property owners. To ensure ample opportunity for neighborhood opinion to be expressed, the applicant shall be responsible for notifying in writing all property owners within 500 feet of the perimeter boundaries of the subject lot(s). Such notice, which shall be sent by Certificate of Mailing at least 10 days prior to the date of the scheduled Public Hearing, shall include the statement of use received by the Commission, the date and time of the scheduled Public Hearing and the fact that the subject plans are on file in the Mansfield Planning Office. A copy of the applicant's notice to neighboring property owners and a listing of the property owners notified shall be filed in the Mansfield Planning Office at least five days prior to the Public Hearing.

(4) Site plan. Five copies* of a site plan drawn to a scale of not less than one inch equals 20 feet or more than one inch equals 40 feet, appropriately signed and sealed by a professional engineer and/or land surveyor registered in the State of Connecticut and including the information detailed in § 190-73C(4) (Site plan application requirements) of these Regulations. (*Additional copies may be required.)

(5) Sanitation report. The applicant shall submit a written sanitation report, with information on site characteristics and the proposed sanitary systems, including water supply and waste disposal. As necessary said report shall be prepared by the applicant's registered professional engineer or registered sanitarian. The report shall demonstrate that the subject sanitary systems will comply with state and local Health Department requirements and all other applicable regulations, including Town regulations regarding sand and gravel. Where a separate permit to fill a site is necessary, said permit shall be obtained and the fill shall be placed prior to the submission of a site plan application for the subject use or development project. Necessary on-site testing must be coordinated with the Town Health Officer.

(6) Erosion and sediment control plan. The applicant shall submit an Erosion and Sediment Control Plan in accordance with the requirements of § 190-75D(19) of these Regulations.

(7) Other information. Dependent on the nature of the proposal, the Commission shall have the right to require additional detailed information if it finds the information is necessary to review the application and determine compliance with applicable regulations and performance standards. Such information, which through other provisions of these regulations may be required for particular uses, may include but shall not be limited to: architectural plans of all proposed buildings, structures and signs, including exterior elevations, floor plans, perspective drawings and information on the nature and color of building materials; traffic studies; aquifer, watershed and flooding data; drainage calculations and documentation of necessary drainage rights or easements; environmental and neighborhood impact analysis; erosion and sedimentation control plans; future plans for adjacent land under the control of the subject applicant or owner; information on homeowner or property owner associations; maintenance provisions; estimates of site improvement costs and bonding agreements.

D. Waiver provisions. Dependent on the nature of the proposal, the Planning and Zoning Commission may by majority vote waive the submission of all or part of the information required in preceding § 190-73 (Site plan). These requirements may be waived only in situations where the information clearly is not needed to determine compliance with these regulations. In general these waiver provisions are most applicable to expansions of existing buildings and uses and changes in the use of existing buildings.

E. Approval criteria. In all special permit applications, the burden rests with the applicant to demonstrate to the Commission that the subject proposal will not detrimentally affect the public's health, welfare and safety and that the following approval criteria have been met:

(1) That all approval criteria cited in § 190-73E (Site plan approval criteria) of these regulations have been met;

(2) That the proposed use is compatible with the Town's Plan of Conservation and Development and Article 1 of these regulations (Intent & Purpose);

(3) That the location and size of the proposed use and the nature and intensity of use in relation to the size of the lot will be in harmony with the orderly development of the Town and compatible with other existing uses;

(4) That proper consideration has been given to the aesthetic quality of the proposal, including architectural design, landscaping and proper use of the site's natural features. The kind, size, location and height of structures, and the nature and extent of site work, and the nature and intensity of the use, shall not hinder or discourage the use of neighboring properties or diminish the value thereof. All applicable standards contained in § 190-77 shall be incorporated into the plans.

F. Additional conditions and safeguards. In granting any special permit, the Planning and Zoning Commission may stipulate additional conditions and safeguards that are deemed necessary to protect and promote property values, the area's environment, better overall neighborhood compatibility and improved site development. Such conditions and safeguards may include, but shall not be limited to the following:

(1) Additional screening of parking areas or other components of the proposal from adjoining properties or from the street through the use of walls, fences, plantings or other devises as specified by the Planning and Zoning Commission.

(2) Limitations regarding the term of the special permit approval, including requirements for periodic renewal.

(3) Modifications of the exterior features or appearance of any structure where necessary to be in harmony with the surrounding area.

(4) Limitations of size, number of occupants, methods or time of operation or extent of facilities.

(5) Regulation of number, design and location of access drives or other site plan features, including pedestrian ways, turning lanes, driveway width, pavement extensions, traffic controls and storm drainage. Off-site improvements may be required.

(6) Regulation of the number, type and location of outdoor lighting facilities.

(7) Requirements for periodic environmental testing and the submission of environmental monitoring reports, including, but not limited to, periodic testing of ground water or surface water, air quality testing, noise level testing, periodic water usage reports and periodic reports on the transportation, storage, use, handling and disposal of hazardous materials.

(8) Any data, plans or drawings, including architect's plans or drawings, voluntarily submitted by the applicant or his duly authorized agent in support of his application may be accepted in whole or in part by the Planning and Zoning Commission and said data, plans or drawings may be incorporated as additional requirements and conditions of a special permit approval.

G. Conditions of approval.

(1) In accordance with the provisions of § 190-76 the posting of a financial guarantee may be required.

(2) No zoning permits shall be issued until the applicant has filed notice of the special permit approval on the Land Records as per statutory requirements, and in situations where a site plan has been approved, until the Chairman of the Planning and Zoning Commission has signed the final plans. Final plans shall not be signed until appropriate conditions of approval have been met.. Development in phases may be authorized by the Planning and Zoning Commission.

(3) Certificates of compliance:

(a) Except as noted below, no Certificate of Zoning Compliance shall be issued for a use requiring special permit approval until approved site improvements have been satisfactorily completed and, in situations where an approved plan was prepared by a professional land surveyor or engineer, until the professional(s) responsible for the plan have certified in writing that the approved plan has been followed. Maintenance bonds may also be required by the Planning and Zoning Commission prior to the issuance of a Certificate of Zoning Compliance.

(b) In situations where public health and safety components of the project or a section thereof have been satisfactorily completed, the Planning and Zoning Commission may authorize the issuance of a Certificate of Zoning Compliance provided a suitable bond with written bond agreement has been submitted and approved for the remaining site work or provided acceptable alternative arrangements are approved by the Commission.

(4) Maintenance. All improvements shown or required on an approved site plan, including but not limited to road and drainage facilities, water supply and waste disposal facilities, parking areas, pedestrian ways, lighting and signs, must be maintained on a continuing basis, in good order and repair and in proper appearance. All plantings and landscaped areas shall be maintained in a healthy state and the site shall be maintained free of debris, sand, salt, litter, weeds, and other unsightly or deleterious matter or vegetation. As deemed necessary, the Planning and Zoning Commission may require written agreements between the Town and the applicant/owner to ensure continued maintenance of site improvements.

(5) Expiration. All site improvements associated with a special permit application which was approved by the Commission shall be completed in accordance with CGS § 8-3.

H. Violations of approval. Wherever the Zoning Agent and/or the Planning and Zoning Commission determines that the terms, conditions or restrictions upon which a special permit application was approved have been violated or that required site improvements have not been maintained, the Agent shall issue a violation notice to the subject property owner and any other persons, firms or corporations responsible. If the violation is not corrected within the time limits specified within the violation notice, enforcement shall be pursued through the legal remedies provided by State Statutes.

I. Revisions.

(1) Whereas all special permit approvals are based on the submitted plans and specifications, all proposed revisions to an approved project are required to receive prior approval as per the following provisions. All revisions are subject to the requirements of the Mansfield Inland Wetland Agency (IWA) and revisions shall not be approved unless all necessary IWA licenses or license modifications have been granted. Minor changes of approved plans may, with the concurrence of the Chairman of the Planning and Zoning Commission and the Zoning Agent, be made provided such changes do not affect the overall layout, design or nature of existing or proposed buildings or site improvements. All authorized minor changes shall be reported to the Commission.

(2) Commission approval shall be required for:

(a) Any substantial revision of approved site and building plans, including, but not limited to, changes in entrance drive design or location, overall parking layout, traffic patterns, storm drainage or waste disposal systems;

(b) Substantive changes in exterior building design, signs or building materials;

(c) Changes in the use of an approved plan prior to initial occupancy;

(d) Interior alterations or renovations that alter or intensify a land use, such as, but not limited to, increases in finished floor area for the subject use, alterations affecting the nature of occupancy or number of possible occupants or customers, alterations affecting water supply or waste disposal needs or alterations to uses involving hazardous materials.

(3) The Commission, in the reasonable exercise of its discretion, shall have the right to approve the revision without the submission of a new application; or where the proposed revision is considered a significant alteration of the approved plans, the Commission shall have the right to require the submission and processing of a new special permit application. Revisions to signs shall not require the submission and processing of a new special permit application.

(4) Failure to obtain necessary approval for revisions to approved plans shall be considered a violation and pursued in accordance with the provisions of Article 12 of these Regulations.

§ 190-75 Performance standards.

A. Applicability.

(1) This section is established to help protect the health and property of Mansfield residents from dangerous or undesirable effects that might result from the construction and operation of land use activities. This section applies to all land uses, including those that do not require specific approval of the Planning and Zoning Commission. In many cases the relation of a prospective use to the established performance standards cannot be judged properly during a permit- processing period or prior to operation. In such cases, the recipient of zoning and building permits should note that these performance standards are continuing obligations and that all land uses in Town are expected to operate in compliance with these standards. Any existing use which does not comply with these performance standards shall not be varied or changed in such a way as to increase the degree of such violation. All land use activities must also comply with all other applicable sections of these regulations as well as the permit requirements of other local, state or federal agencies having permit jurisdiction.

(2) Notwithstanding the foregoing, the Commission may in the reasonable exercise of its discretion, determine that an alleged violation of this subsection will be suitably addressed by other government agencies with enforcement jurisdiction; or determine that a complaint made pursuant to this section involves a private nuisance, the resolution of which does not significantly affect the health, safety or welfare of the Town of Mansfield. In these situations, the Commission need not receive or act upon such alleged violation or complaint.

B. Measurement criteria. Compliance with the established performance standards shall be based on criteria contained or referenced within each regulatory section. Where compliance is unclear, the standards and criteria of pertinent state and federal agencies shall be applied.

C. Certification of performance standards. To determine compliance with the established performance standards the PZC may require a property owner-developer to provide a written certification from a licensed engineer, architect or qualified professional that all applicable standards have been met. Certifications may be required during the permit review process, prior to the issuance of a Certificate of Zoning Compliance and occupancy permits, or after the subject use has begun.

D. Performance standards.

(1) Air pollution. No land use shall create or cause to be created a degradation of air quality which is injurious to human health or property. Emissions of gas, smoke, dust, dirt, fly-ash and other potential atmospheric contaminants shall comply with the rules, regulations and standards of the Connecticut Department Energy and Environmental Protection.

(2) Odor. With the exception of permitted agricultural use, no land use shall create or cause to be created offensive odors which are readily discernible or detectable beyond the subject property lines. Detailed plans for the prevention of odors crossing property lines may be required of a property owner or developer.

(3) Noise. With the exception of temporary construction projects and short term noises, such as lawn mowers, chainsaws and associated forestry equipment and other agricultural or horticultural machinery and equipment which are accessory to the primary use, no land use shall transmit beyond its subject property lines any noise which is objectionable due to volume, intermittence, beat frequency, shrillness or intensity. The rules, regulations and standards of the State Department of Environmental Protection shall be utilized in determining acceptable noise levels. The commercial or political use of loud speakers at a fixed location is permitted only within the confines of buildings.

(4) Vibrations - electrical disturbances. With the exception of temporary construction projects, no land use shall create or cause to be created objectionable vibrations or electrical disturbances which are readily discernible or detectable beyond the subject property lines.

(5) Radiation/radioactivity. No activity, operation or use shall create or cause to be created levels of radiation or radio activity which are in violation of state or federal standards.

(6) Fire or explosive hazard. All land uses, particularly those involving the storage, use or manufacture of flammable or explosive substances shall be conducted with reasonable precautions against fire and explosion hazards. All federal, state and local fire safety standards shall be met.

(7) Glare/heat/lighting. Land use activities shall not produce glare, heat or illumination which extends beyond a site's property lines and creates a hazard or nuisance to neighboring property owners or on adjacent roadways. External lighting sources, except for overhead street lighting and warning emergency or traffic signals, shall be screened or shielded from neighboring properties and adjacent roadways.

(8) Hazardous materials. All land uses which produce, utilize or store hazardous materials as identified by state and federal sources, including Section 3001 of the Resource Conservation and Recovery Act of 1976, as may be modified, must safely transport, store, handle and dispose of all hazardous materials in accordance with current state and federal standards. All land uses subject to Planning and Zoning Commission approval must detail in application submissions the nature of all hazardous materials involved and the safeguards that will be utilized to prevent health and safety problems.

(9) Liquid or solid discharges. No land use shall discharge into the ground, into a wetland or surface water body or into a storm drainage or waste disposal system, any liquid or solid matter which endangers the public's health and safety, or is likely to cause detrimental effects on surface and ground water quality or personal property values.

(10) Waste disposal/storage. All wastes created in conjunction with any land use activity shall be properly stored in a screened area and expediently removed to prevent health or safety hazards, visual nuisances or conditions conducive to the attraction of insects, rodents or other pests.

(11) Health requirements. All land use activities including food preparation operations and the installation and operation of water supply and waste disposal systems shall conform to the requirements of the Connecticut Department of Public Health, the Connecticut Department of Energy and Environmental Protection and the Mansfield Health Department. On-site testing must be coordinated with the Mansfield Health Department. Land which the Health Officer certifies as unfit for human habitation for health reasons shall not be built upon, but repairs may be made to buildings existing on the effective date of these Regulations.

(12) Flood hazard. Land which is subject to flooding shall only be built upon or utilized according to the requirements of Article 10. No land use activity shall reduce the flood carrying capacity of a floodway or create a condition where a building may be subject to flood damage. All uses existing on land which is subject to flooding shall be subject to the provisions for non-conforming uses. See Article 7.

(13) Aquifer areas. To prevent or minimize detrimental effects on the groundwater quality within aquifer areas, which are existing or potential sources of significant quantities of potable water, land use activities on or within 500 feet of identified aquifer areas must be carefully reviewed and appropriately regulated. Accordingly the following requirements shall apply to all land use activities on or within 500 feet of aquifer areas as identified in Mansfield's Plan of Conservation and Development, Mansfield's Water Supply Plan, an October, 1979 map entitled Groundwater Recharge Areas, prepared by the Connecticut Area-wide Waste Treatment Management Planning Board, sheets 40, 41, 55 and 56, (on file in the Mansfield Planning Office and the Town Clerk's Office), and any additional information obtained from the Connecticut Department of Energy and Environmental Protection, federal agencies or on-site investigation.

(a) No commercial or industrial land use and no residential land use involving three or more dwelling units, which utilizes an on-site waste disposal system, shall be permitted unless it can be demonstrated to the satisfaction of the Planning and Zoning Commission that the waste disposal system discharges will not contaminate aquifer recharge areas. As deemed appropriate, the proposed land use shall be referred to the Mansfield Health Officer, the Mansfield Conservation Commission and the State Departments of Health and Connecticut Department of Energy and Environmental Protection for review comments. A written report from the owner-developer's sanitary engineer and/or geologist or other qualified professional, detailing the system design, the physical characteristics of the area, existing land uses in the area, and potential short-term and cumulative impacts on identified aquifer areas, shall be submitted to the Commission.

(b) No underground fuel or chemical storage tanks shall be permitted, except after review and approval of the Mansfield Building Inspector and Fire Marshal. Where Planning and Zoning Commission approval is required for the subject use, all underground storage tanks must also be approved by the Commission. All such tanks and pipe connections shall be designed and constructed to prevent accidental contamination of groundwater. All storage tank facilities shall be designed and installed in conformance with all applicable provisions of the State Statutes and regulations, and the standards of Underwriters Laboratories, Inc. and the National Fire Prevention Association.

(c) All agricultural operations must employ best management practices, as recommended by the State Department of Environmental Protection and the USDA Natural Resources Conservation Service, for the application of manure, fertilizer or pesticides and the management of animal wastes.

(d) No road salt storage and loading facilities shall be permitted except after review and approval of the State Department of Environmental Protection. Where authorized, adequate measures must be taken to prevent groundwater contamination and to detect potential contamination problems.

(e) All developments required to submit a storm water management plan pursuant to § 190-75D(20)(c) and (d) shall identify specific methods that will be used for snow and ice removal. Such methods shall be designed to minimize potential for ground water contamination from salts and other deicing chemicals. Refer to the CT DEEP Best Management Practices for Disposal of Snow Accumulations from Roadways and Parking Lots (https://www.ct.gov/deep/cwp/view.asp?a=2721&q=325692&deepNav_GID=1654%20) and the 2018 Pass the Salt: Efficient Snow and Ice Management publication prepared by Axiomatic (https://www.uvm.edu/seagrant/sites/default/files/uploads/Santoso_GreenSnowProHandouts sm.pdf) for additional guidance on Best Management Practices.

(f) All land uses involving the maintenance of lawns, fields and landscaped areas shall incorporate landscape management plans regarding the use of fertilizers, pesticides, and other organic or chemical applications to minimize the risks of groundwater contamination. A landscape management plan detailing proposed provisions shall be submitted for Commission approval.

(14) Energy considerations.

(a) Where Planning and Zoning Commission approval is required for a land use activity, applicants shall demonstrate to the Commission that their pending proposal has considered, to the degree physically and economically possible, the utilization of the physical environment and natural energy sources, such as solar orientation, to help heat, cool or illuminate the proposed use and accordingly minimize a dependence on fossil fuels and mechanical equipment.

(b) Potential impacts on neighboring properties shall also be evaluated. Factors to be considered include: roadway, lot and building orientation, natural and man-made topographic features, soil and subsoil characteristics, existing and proposed vegetative cover, and shadow patterns on neighboring properties. Wherever feasible:

[1] Building orientation and design should maximize south facing walls;

[2] An east-west orientation should be considered for streets and private access roads;

[3] Building height and bulk and landscaping improvements should minimize shadow patterns on adjacent properties; and

[4] Walls and accessory structures should be located in areas that will not diminish south wall exposure.

(15) Parking and loading areas. Adequately sized, constructed and located on-site parking areas shall be provided for all land use activities so that the use of adjacent roadways is not obstructed. Where required, on-site loading areas which do not conflict with parking areas or circulation ways shall be provided. See § 190-78 for more specific requirements. In addition, state standards for fire access and handicapped parking shall be incorporated into all parking and loading designs.

(16) Road and drainage standards. All road and drainage improvements, including private roads, driveways and parking and loading areas, must be designed and constructed to promote vehicular and pedestrian safety and the proper discharge of storm water run-off. Appropriate separation of pedestrian and vehicular traffic and adequate sightlines for all intersections, including those within a private parking or loading areas, must be incorporated into development plans. All road and drainage improvements, with the possible exception of roadway width, should conform to the standards and specifications of the Mansfield Public Works Department (available in the Mansfield Engineering Office). As appropriate, peak storm water discharges should be retained on site to minimize or prevent downstream impacts.

(17) Landscaping and buffering.

(a) General.

[1] All land use activities and particularly structures, parking areas and outdoor storage areas associated with commercial, industrial, or multi-family residence uses, shall include strategically placed landscape and buffer areas, which shall be designed to protect and preserve property values; to provide privacy from visual intrusion, light, dirt and noise; to prevent the erosion of soil and to provide water recharge areas; to promote pedestrian and vehicular safety; and to enhance the environmental quality and attractiveness of Mansfield.

[2] Except where alternative uses, such as parking areas, are provided for in other sections of these regulations, all required setback areas shall either be attractively landscaped with lawns trees and shrubs or, where appropriate, left in a sightly and well-kept natural state. Landscape plans submitted in conjunction with a land use application shall identify, by type, size, height and placement, all proposed landscaping and all existing landscape features to be retained. Plants identified in the current Connecticut Department of Energy and Environmental Protection Agency listing of invasive species shall not be used. All submitted landscape plans must be adequate to meet the intended aesthetic, buffer and environmental purposes. Particular attention should be given to parking and loading areas, outside storage areas and shadow patterns with respect to south wall and rooftop solar access. See § 190-78S for supplemental interior parking lot landscaping requirements and § 190-77 for architectural and design standards.

(b) Landscape buffer. The Commission shall have the authority to require up to a seventy-five-foot-wide landscaped buffer area where a site abuts a more restrictive zone or an existing residential use. In addition, the Commission shall have the authority to require a landscaped buffer area when a commercial, industrial, multi-family or other non-residential use abuts a historic structure or a cemetery. The width of the buffer for commercial, industrial, multi-family or other non-residential use that abuts a historic structure or cemetery shall be determined with reference to the existing physical characteristics of the property, such as topography, adjacent flood hazard, the location of existing structures, existing non-conforming lot characteristics, the nature of activity or the nature of the landscaping plan but in no event may the Commission require more than a seventy-five-foot buffer. Buffers for a commercial, industrial, multi-family or other non-residential use that abuts an environmentally sensitive feature such as a river, brook, pond or wetland area shall be as determined by the Inland Wetlands Agency. The designated buffer area shall be attractively landscaped and shall be designed to achieve the desired buffering objectives, which may include the visual screening of the proposed use from abutting properties, the minimizing of auditory impacts and the protection and enhancement of historic structures, cemeteries or environmentally sensitive features. The buffer design shall consider vegetated earthen berms, multiple rows of staggered evergreens, selective plantings, walls, fencing, existing vegetation and other landscape measures. Due to special provisions contained or referenced in § 190-48, the landscape buffer requirements contained in this subparagraph shall not apply to land zoned SC-SDD.

(c) Installation and maintenance. Unless bonding arrangements in accordance with § 190-76 are approved by the Commission or, in the case of property within an SC-SDD zone district, by the Director of Planning and Development and the Zoning Agent, or unless an extension is granted by the Commission or, in the case of property within an SC-SDD zone district, by the Director of Planning and Development and the Zoning Agent, due to seasonal restrictions all required landscape and buffer improvements shall be planted or installed by the subject property owner prior to the issuance of a Certificate of Zoning Compliance. All existing landscape features and all approved landscape plantings shall be maintained by the subject property owner in an attractive and healthy condition. All fences, walls and other improvements approved for buffering purposes shall be suitably maintained by the subject property owner in an attractive state. Required landscape or buffer improvements that die or deteriorate to an unattractive or ineffective state shall be replaced as soon as possible by the subject property owner. Failure to maintain required landscape and buffer improvements shall constitute a violation of these regulations and shall be enforced as per the provisions of Article 12.

(18) Site development principles.

(a) Intent. Through the establishment of specific site development principles, this section attempts to reduce damages from soil erosion and sedimentation, reduce downstream flooding and, in general, ensure proper storm drainage management. (Also see § 190-75D(19), Erosion and Sediment Control Plans.)

(b) Site development principles. Earth-moving, grading or land-disturbing activities including the removal of trees and other vegetative cover, the development of haul roads and logging decks for forestry operations, and all cut and fill activities shall (as applicable to the specific site and development) comply with the following site development principles:

[1] The earth-moving, grading or land-disturbing activity, including haul roads and logging decks for forestry operations, shall be fitted to the topography and soils so as to create the least erosion potential. Where possible, extensive cut and fill operations should be avoided.

[2] Prospective building sites shall not be stripped of vegetation prior to the issuance of a zoning permit. Only the smallest practical area of land shall be exposed during development, the exposure shall be kept to the shortest practical period of time.

[3] Wherever feasible, natural terrain and vegetation shall be retained and protected, slope lengths shall be minimized and significant stands of trees shall be preserved.

[4] Temporary or permanent vegetation, mulching, staked hay bale check dams, jute or tobacco netting and other control measures shall be employed as quickly as possible after land disturbing activities to protect areas exposed during development. Where needed, staked hay bales and/or other control measures shall be in place before the soil is disturbed.

[5] Wherever feasible, buffers of undisturbed natural vegetation of 50 feet or more shall be retained along all watercourses and wetlands.

[6] Cut and fill slopes shall not be steeper than 3:1 unless suitably stabilized and approved by the Commission or, in situations where Commission approval is not otherwise required, the Town Engineer, or his designee. All fill material shall be placed and compacted so as to minimize sliding or erosion of the soil. As necessary, diversions, waterways, grading or other adequate protective measures shall be provided to prevent surface water from damaging the cut face of excavations or the sloping surfaces of fills.

[7] Drainage provisions shall be made to effectively regulate any significant increased run-off caused by changed soil and surface conditions during and after development. Storm water run-off shall be minimized and retained on site wherever possible to help prevent downstream flooding and erosion problems. Wherever possible erosion control or storm water management measures shall be used to prevent water from entering and running over disturbed areas. Drainage easements shall be obtained whenever necessary. Where run off computations are necessary for proper review of existing and proposed drainage facilities, said computations shall be in accordance with Chapter 9 of the Connecticut Guidelines for Soil Erosion and Sediment Control, 2002, as amended, unless an alternative is approved by the Town Engineer or his designee.

[8] Wherever possible, permanent or temporary control measures such as diversions, waterways, hay bale check dams, retention basins, sediment basins (silt traps, debris basins) and other structures shall be installed, prior to initial grading operations. At a minimum, said control measures shall be maintained until the development has been completed and all disturbed areas have been permanently stabilized to ensure the removal of sediment from runoff waters draining from land undergoing development. As necessary, temporary seeding shall be utilized as a nonstructural measure for stabilizing slopes where bare slopes will be untreated for long periods of time.

[9] All disturbed areas shall be properly and neatly graded and shaped as soon as possible. Final grading shall include removal of stumps and debris from finished surface. A final permanent vegetative cover shall be established upon achievement of final grade.

[10] Unless approved by the Commission, topsoil shall not be removed from developing areas except for sites of structures or man-made improvements. The topsoil from areas intended for such improvements shall be redistributed within the boundaries of the subject site to facilitate the provision of a suitable base for seeding and plantings. As necessary, additional topsoil shall be brought to the site. Soil and other materials shall not be temporarily or permanently stored in locations, which would cause suffocation of root systems of trees to be preserved. Applicable sand and gravel regulations shall be complied with.

[11] During grading operations, necessary measures for dust control shall be exercised.

[12] All utilized erosion and sediment control measures shall be monitored and maintained in an effective condition until all disturbed areas are fully stabilized.

(19) Erosion and sediment control plans for land development.

(a) Definitions. For the purpose of this section the following definitions shall be used:

CERTIFICATION

A signed, written approval by the Mansfield Planning and Zoning Commission or, in the case of property within an SC-SDD zone district, by the Director of Planning and Development and the Zoning Agent, affirming that the soil erosion and sediment control plan complies with the applicable requirements of these regulations.

DEVELOPMENT

Any construction or grading activities to improved or unimproved real estate.

DISTURBED AREA

An area where the ground cover is destroyed or removed leaving the land subject to accelerated erosion.

EROSION

The detachment and movement of soil or rock fragments by water, wind, ice or gravity.

GRADING

Any excavating, grubbing, filling (including hydraulic fill) or stockpiling of earth materials or any combination thereof, including the land in its excavated or filled condition.

INSPECTION PLAN

The periodic review of sediment and erosion control measures shown on the certified plan.

SEDIMENT

Solid material, either mineral or organic, that is in suspension, is transported, or has been moved from its site of origin by erosion.

SOIL

Any unconsolidated mineral or organic material of any origin.

SOIL EROSION AND SEDIMENT CONTROL PLAN

A scheme that minimizes soil erosion and sedimentation resulting from development and includes, but is not limited to, mapped details and a narrative.

(b) Activities requiring a certified erosion and sediment control plan. A soil erosion and sediment control plan shall be submitted with any application for development when the disturbed area of such development is cumulatively more than one-half acre.

(c) Exemption. A single family dwelling that is not a part of a subdivision of land shall be exempt from these soil erosion and sediment control regulations but must comply with the site development principles of § 190-75D(18).

(d) Erosion and sediment control plan:

[1] To be eligible for certification, a soil erosion and sediment control plan shall contain proper provisions to adequately control accelerated erosion and sedimentation and reduce the danger from storm water run-off on the proposed site based on the best available technology. Such principles, methods and practices necessary for certification are found in the Connecticut Guidelines for Soil Erosion and Sediment Control (2002) as amended. Alternative principles, methods and practices may be used with prior approval of the Commission or, in the case of property in an SC-SDD zone district, by the Director of Planning and Development and the Zoning Agent. [Also see § 190-75D(18).]

[2] Said plan shall contain:

[a] A narrative describing the items listed below. Wherever possible, construction details, stages and sequence of development and maintenance program details also shall be shown on related construction plans.

[i] The development;

[ii] The schedule for grading and construction activities, including:

[A] Start and completion dates;

[B] Sequence of grading and construction activities;

[C] Sequence for installation and/or application of soil erosion and sediment control measures;

[D] Sequence for final stabilization of the project site;

[iii] The design criteria for proposed soil erosion and sediment control measures and storm water management facilities;

[iv] The construction details for proposed soil erosion and sediment control measures and stormwater management facilities;

[v] The installation and/or application procedures for proposed soil erosion and sediment control measures and storm water management facilities;

[vi] The operations and maintenance program for proposed soil erosion and sediment control measures and storm water management facilities;

[vii] Contingency plans that would be followed if unforeseen erosion and sediment problems arise. Said contingency plans should emphasize the developers responsibility and capacity to effectively anticipate and respond to unforeseen erosion and sediment problems;

[viii] Identification of the specific individual (name and phone number) who shall be responsible for understanding the details of an approved erosion and sediment control plan and for implementing the plan as specifically approved. The plan shall provide for maintenance inspections based on the nature of the project, site characteristics, weather factors, and schedule of activities. The maintenance inspection schedule shall be approved by the Commission or, in the case of property within an SC-SDD zone district, by the Director of Planning and Development and the Zoning Agent, and daily inspections may be required. In addition, the Commission or, in the case of property within an SC-SDD zone district, the Director of Planning and Development and the Zoning Agent, may require the submission of written monitoring reports on a bi-weekly basis or as otherwise deemed appropriate. The Commission or, in the case of property within an SC-SDD zone district, the Director of Planning and Development and the Zoning Agent, shall have the right to designate the format for written monitoring reports.

The Commission or, in the case of property within an SC-SDD zone district, the Director of Planning and Development and the Zoning Agent, shall have the right to require site inspections and the preparation of the written monitoring reports to be performed by a professional engineer, soil scientist or other qualified professional.

[b] A site plan map at a sufficient scale to show the information listed below. Wherever possible, this information shall be integrated into the site plan or subdivision map submitted under other provisions of the Zoning and Subdivision Regulations.

[i] The location of the proposed development and adjacent properties;

[ii] The existing and proposed topography including soil types, wetlands, watercourses and water bodies;

[iii] The existing structures on the project site, if any;

[iv] The proposed area alterations including cleared, excavated, filled or graded areas and proposed structures, utilities, roads and, if applicable, new property lines;

[v] The location of and design details for all proposed soil erosion and sediment control measures and storm water management facilities;

[vi] The sequence of grading and construction activities;

[vii] The sequence for installation and/or application of soil erosion and sediment control measures;

[viii] The sequence for final stabilization of the development site.

[c] Any other information deemed necessary and appropriate by the applicant or requested by the Commission or its designated agent.

(e) Minimum acceptable standards.

[1] Plans for soil erosion and sediment control shall be developed in accordance with these regulations using the principles as outlined in § 190-75D(18) of these regulations and Chapters 3 and 4 of the Connecticut Guidelines for Soil Erosion and Sediment Control (2002), as amended. Soil erosion and sediment control plans shall result in a development that: minimizes erosion and sedimentation during construction; is stabilized and protected from erosion when completed; and does not cause off-site erosion and/or sedimentation.

[2] The minimum standards for individual measures are those in the Connecticut Guidelines for Soil Erosion and Sediment Control (2002), as amended. The Commission or, in the case of property within an SC-SDD zone district, the Director of Planning and Development and the Zoning Agent, may grant exceptions when requested by the applicant if technically sound reasons are presented.

[3] The appropriate method from Chapter 9 of the Connecticut Guidelines for Soil Erosion and Sediment Control (2002), as amended shall be used in determining peak flow rates and volumes of runoff unless an alternative method is approved by the Commission or its designated agent.

(f) Issuance or denial of certification.

[1] The Mansfield Planning and Zoning Commission or, in the case of property within an SC-SDD zone district, the Director of Planning and Development and the Zoning Agent, shall either certify that the soil erosion and sediment control plan, as filed, complies with the requirements and objectives of this regulation or deny certification when the development proposal does not comply with these regulations.

[2] Nothing in these regulations shall be construed as extending the time limits for the approval of any application under Chapters 123, 124A, or 126 of the General Statutes.

[3] Prior to certification, any plan submitted to the municipality may be reviewed by the Tolland County Soil and Water Conservation District which may make recommendations concerning such plan.

[4] The Commission or, in the case of property within an SC-SDD zone district, the Director of Planning and Development and the Zoning Agent, may forward a copy of the development proposal to the Conservation Commission or other review agency or consultant for review and comment.

(g) Conditions relating to soil erosion and sediment control.

[1] Whenever, in the opinion of the Commission or, in the case of property within an SC-SDD zone district, the Director of Planning and Development and the Zoning Agent, the development presents the potential for significant adverse impact, the estimated costs of measures required to control soil erosion and sedimentation, as specified in the certified plan, may be covered in a performance bond or other assurance acceptable to the Commission or, in the case of property within an SC-SDD zone district, the Director of Planning and Development and the Zoning Agent, in accordance with the provisions specified under § 190-76 of these regulations.

[2] Site development shall not begin unless the soil erosion and sediment control plan is certified and those control measures and facilities in the plan scheduled for installation prior to site development are installed and functional. To help ensure that this requirement is met, no Zoning Permit shall be issued for a project with an approved erosion and sedimentation control plan until required erosion and sedimentation controls that are to be installed prior to development have been installed as per the approved specifications. A certification that this has been accomplished can be required by the Zoning Agent.

[3] Planned soil erosion and sediment control measures and facilities shall be installed as scheduled according to the certified plan.

[4] All control measures and facilities shall be maintained in effective condition to ensure the compliance of the certified plan.

(h) Inspection. Inspections shall be made by the Commission or its designated agent or, in the case of property within an SC-SDD zone district, the Zoning Agent, during development to ensure compliance with the certified plan and that control measures and facilities are properly performed or installed and maintained. The Commission or, in the case of property within an SC-SDD zone district, the Zoning Agent, may require the permittee to verify through progress reports that soil erosion and sediment control measures and facilities have been performed or installed according to the certified plan and are being operated and maintained.

(i) Compliance with plan requirements/violations. Any person engaged in development activities who violates the provisions of a certified plan shall be deemed in violation of these Regulations (See § 190-88).

(j) Signs. All signs shall comply with the provisions of § 190-69.

(k) Height, area and setback requirements. All land use activities shall comply with the provisions of the Dimensional Requirements for the appropriate zoning district which is part of these Regulations.

(20) Stormwater management.

(a) Definitions. For the purpose of this section, the following definitions shall be used:

DETENTION BASIN

A vegetated area designed to capture, temporarily hold, and gradually release a volume of stormwater runoff to attenuate and delay stormwater peaks. Also known as a dry pond or dry detention pond.

DEVELOPED AREA

"Disturbed area" excluding area that within one calendar year of being disturbed is returned to a condition with the same drainage pattern that existed prior to the disturbance and is revegetated, provided the area is not mowed more than twice per year.

DISTURBED AREA

All land areas that are stripped, graded, grubbed, filled, or excavated at any time during the site preparation or removing vegetation for, or construction of, a project. "Disturbed area" does not include routine maintenance, but does include re-development and new impervious areas. "Routine maintenance" is maintenance performed to maintain the original line and grade, hydraulic capacity, and original purpose of the facility. Paving impervious gravel surfaces while maintaining the original line and grade, hydraulic capacity and original purpose of the facility is considered routine maintenance. Cutting of trees, without grubbing or stump removal is not considered "disturbed area". A disturbed area continues to be considered as disturbed area if it meets the definition of "developed area" or "impervious area" following final stabilization.

IMPERVIOUS SURFACE

The area of a building site or lot that is covered by materials that prevent the infiltration of surface water into the ground beneath. Such materials may include, but are not limited to, roofs, paved driveways, concrete slabs, sealed-joint paving blocks or stones, and pools. Impervious surface shall be expressed in terms of square footage or acreage, and percentage of total site or lot area.

LOW IMPACT DEVELOPMENT (LID)

A stormwater management strategy designed to maintain or replicate the predevelopment hydrologic regime. Hydrologic functions of storage, infiltration and groundwater recharge, as well as the volume and frequency of discharges are maintained through the use of integrated and distributed micro-scale stormwater retention and detention areas; reduction of impervious surfaces, and the lengthening of run-off flow paths and flow time. Other strategies include the preservation/protection of environmentally sensitive site features such as riparian buffers, wetlands, steep slopes, valuable (mature) trees, floodplains, woodlands and highly permeable soils.

POINT DISCHARGE

The release of collected and/or concentrated surface and stormwater runoff from a pipe, culvert or channel.

PREDEVELOPMENT SITE HYDROLOGY

The water balance between runoff, infiltration, storage, groundwater recharge, and evapotranspiration prior to the development of a site.

RETENTION BASIN

A vegetated pond that retains a permanent pool of water and is constructed to provide both treatment and attenuation of stormwater flows. Also known as a stormwater pond.

SHEET FLOW

An overland flow or downslope movement of water taking the form of a thin, continuous film over relatively smooth soil or rock surfaces where there are no defined channels and the flood water spreads out over a large area at a uniform depth.

(b) Purpose. The purpose of these stormwater management regulations is to:

[1] Promote the goals and objectives for the conservation of the town's water resources as identified in the Plan of Conservation and Development;

[2] Preserve the predevelopment site hydrology to the extent practical in order to maintain stream base flow conditions; maintain groundwater recharge; and minimize flooding, erosion, and the effects from runoff on downstream properties;

[3] Minimize the sources and amounts of pollution transported by stormwater runoff to wetlands, watercourses, groundwater, and other natural resources, and minimize impacts to downstream properties; and

[4] Promote the use of Low Impact Development (LID) practices in the planning, design, and execution of land development activities.

(c) Applicability. These regulations are applicable to any new development and/or modifications to existing land uses that meet the following criteria:

[1] Any development resulting in the disturbance of one or more acres of land;

[2] Residential development of five or more dwellings;

[3] Residential development involving the construction of a new road or common driveway serving more than two dwellings;

[4] Any development where stormwater will have a point discharge to a wetland or watercourse;

[5] Nonresidential development having greater than 10,000 square feet of impervious surface;

[6] Other activities as described in the CTDEEP 2004 Connecticut Stormwater Manual (the Manual) as may be amended; or

[7] Other developments determined by the Commission to have the potential for stormwater management issues.

(d) Stormwater management plan. A Stormwater Management Plan (SWMP) shall be included in any application that requires the submission and approval of a Site Plan or Subdivision Plan and shall be consistent with the purpose set forth in Subsection D(20)(b) above, the Mansfield Standards and Specifications, and the principles set forth in the Manual.

[1] The SWMP shall be consistent with generally accepted engineering and site planning practices, and shall include best management practices and Low Impact Development practices where feasible. The plan shall include a summary report describing the nature of the improvement; a SWMP improvement plan; supporting computations where appropriate; a description of construction sequence; and a program for operation, maintenance, and monitoring. The professional engineer shall sign and seal all documents which they prepared.

[2] The design report shall include:

[a] Description of existing site and relevant off-site conditions that may be affected by the selection of water quality measures;

[b] Rainfall data for the design storms as identified by the NOAA Atlas 14, as amended;

[c] An evaluation of existing on-site and off-site hydrology including estimates of preconstruction and post-construction development from the one-, two-, ten-, twenty-five-, and 100-year, twenty-four-hour storm events;

[d] A discussion of the function for the stormwater management system during typical operation and during a possible failure of a component;

[e] A discussion of the proposed treatment and control measures and their estimated effect on improving the quality of stormwater runoff, specifically for the removal of 80% of total suspended solids; and

[f] A description of how the stormwater management plan conforms to the 2004 Connecticut Stormwater Quality Manual, as amended. Where the SWMP does not conform to the Manual the applicant shall articulate the reasons for deviation.

[3] The improvement plan shall be designed to:

[a] Maintain the predevelopment site hydrology to the maximum extent feasible;

[b] Reduce peak runoff from two-year, twenty-four-hour post development event to 50% of the predevelopment conditions for that storm event or to the equivalent of the one-year, twenty-four-hour storm event unless the Commission determines that such reduction is impractical;

[c] Provide zero net increase in peak runoff from the ten-, twenty-five-, and 100-year storm events unless the applicant demonstrates that this would be a detriment to downstream properties;

[d] Provide treatment of stormwater runoff in accordance with the Manual;

[e] Have conveyance systems meeting the applicable provisions of the CTDOT Drainage Manual; and

[f] Minimize structural stormwater components and incorporate vegetative measures such as rain gardens and bioretention basins where appropriate.

[4] When the proposed development involves modification to an existing developed area, the applicant shall demonstrate that the stormwater quality treatment is being provided to the maximum extent practicable for all undisturbed impervious areas. New impervious areas and existing impervious areas that are disturbed shall meet the standards set forth in Subsection D(20)(d)[3] above.

(e) Small scale projects. Any development that meets one or more of the thresholds set forth in Subsection D(20)(c) but does not require Site Plan or Subdivision approval shall manage stormwater by implementing one or more of the following LID measures. Compliance with this requirement will be determined as part of the Zoning Permit process.

[1] Reducing hydraulic connectivity of impervious surfaces:

[a] Disconnecting roof drains and directing flows to vegetated areas or infiltration structures (swales, trenches, or drywells);

[b] Directing flows from paved areas such as driveways to stabilized vegetated areas;

[c] Breaking up flow directions from large paved surfaces;

[d] Encouraging sheet flow through vegetated areas;

[e] Locating impervious areas so they drain to natural systems, vegetated buffers, natural resource areas, on-lot bioretention areas, or permeable soils.

[2] Modifying/increasing runoff travel time:

[a] Maximizing overland sheet flow;

[b] Increasing and lengthening drainage flow paths;

[c] Maximizing use of vegetated swales Increasing Ground water Recharge;

[d] Vegetated Swales, Buffers, and Filter Strips;

[e] Bioretention/Rain Gardens;

[f] Dry Wells/Leaching Trenches;

[g] Rainwater Harvesting;

[h] Vegetated Roof Covers (Green Roofs);

More detailed guidance for implementation of these measures can be located in the 2004 Connecticut Stormwater Quality Manual as may be amended.

(f) Stormwater management plan implementation.

[1] Developers, Construction Site Operators, Contractors and sub-Contractors shall implement the approved SWMP in accordance with all applicable stormwater discharge permits issued by the Connecticut Department of Energy and Environmental Protection (CTDEEP) in Mansfield.

[2] Prior to issuance of a Zoning Permit, the owner of any property for which a SWM has been prepared and approved in accordance with the requirements of this Section shall execute a Stormwater Management/BMP Facilities Maintenance Agreement with the Town and record said Agreement on the Land Records. Such Agreement shall at minimum:

[a] Be applicable to the property owner as well as any successors and assigns.

[b] Assign responsibility for maintenance of stormwater management/BMP facilities constructed in accordance with the SWMP to the property owner.

[c] Require regular inspection of the stormwater management/BMP facilities to ensure the safe and proper functioning of such facilities.

[d] Require submission of an annual inspection report that identifies inspection activities and results. If deficiencies are identified, the inspection report shall also include a schedule and plan to correct such deficiencies.

[e] Authorize agents of the Town to enter the property and inspect stormwater management/BMP facilities whenever the Town deems necessary for compliance with the approved SWM. The Town shall provide the property owner with copies of inspection findings and if necessary, directive to commence with repairs.

[f] Authorize the Town to correct identified deficiencies if the property owner fails to maintain the stormwater management/BMP facilities in good working condition as acceptable to the Town and charge the costs of such repairs to the property owner at a rate of 150% of the total costs incurred by the Town.

[g] Acknowledge that the Town is not responsible to routinely repair or maintain the stormwater management/BMP facilities.

[h] Require the property owner to perform the work necessary to keep the facilities in good working order, including following any maintenance schedule approved as part of the SWMP.

[i] Require reimbursement of the Town within 30 days of receipt for all costs incurred by the Town pursuant to the Agreement; and

[j] Hold the Town harmless from any liability should the stormwater management/BMP facilities fail to operate properly.

(g) Conflicts. If there are any conflicts between these Regulations and other standards, the more stringent requirement shall apply.

(21) Special requirements for properties served by Connecticut Water Company. Pursuant to the terms of the water diversion permit issued by CT DEEP in June 2015 for the interconnection of the CWC and UConn water systems, future development served by that pipeline, whether directly or indirectly, shall meet the following requirements in addition to the requirements of § 190-63, where applicable.

(a) Any use that exists as of the effective date of this Regulation may connect to the water main with a service connection(s) properly sized to serve only that use.

(b) No connections shall be authorized for new or expanded uses unless one or more of the following conditions is met:

[1] The type and intensity of use is consistent with the Planned Development designation identified in the 2006 POCD; or

[2] For properties where a change in use from the 2006 POCD is proposed, the developer must demonstrate that: (1) the proposed use is consistent with the current POCD; and (2) that the water demands of the proposed use are equivalent to or less than the water demands of uses allowed pursuant to the 2006 POCD or that the proposed uses could be supported by an on-site water system. The Commission may require verification of on-site capacity through hydrologic engineering studies and/or issuance of a permit for a water system in accordance with the Public Health Code.

(c) Uses developed using on-site water systems after the effective date of this section may connect to the public water system with a connection sized only to serve that use if their on-site well fails or is contaminated. Any new uses or expansions of use on the site subsequent to connecting to the CWC system shall comply with the provisions of Subsection D(21)(b) above.

(d) Any projects requiring a water main extension and/or Site Plan, Special Permit or Subdivision approval shall be referred to the Connecticut Water Company Water System Advisory Committee for review and comment.

§ 190-76 Bonding.

A. General provisions.

(1) In all matters requiring Planning and Zoning Commission or Zoning Board of Appeals approval, including special permits, special exemptions, site plans earth removal or filling projects and subdivisions or, in the case of a matter involving Director of Planning and Development and the Zoning Agent approval of a zoning permit in an SC-SDD zone district, the posting of a financial guarantee may be required to ensure the satisfactory completion of all public improvements, erosion and sedimentation control measures or any other improvement as provided for by this Section and § CGS 8-3(g)(2) as amended.

(2) Said guarantee shall be in an amount and form approved by the Commission in accordance with CGS § 8-3(g)(2), shall ensure the satisfactory completion of all items for which the financial guarantee has been provided, and shall provide readily available funds to address any ongoing erosion or sediment control problem.

(3) Unless modified by the Commission or the Director of Planning and Development and the Zoning Agent, any required financial guarantee shall typically be in an amount equal to 100% of the cost of the bonded improvements plus a 20% contingency, and maintenance bonds shall typically be equal to 10% of the full bond amount for the subject improvements. To help establish the amount of the required guarantee, the developer-property owner may be required to submit a detailed estimate of the cost of site improvements. For larger projects, bonding in independent sections may be allowed and formal written agreements between the Town of Mansfield and the subject developer-property owner shall be a necessary component of the bonding arrangement.

(4) Regardless of the status of a bond, public health and safety components of the subject project shall be satisfactorily completed prior to the occupancy or use of any new structures. In situations where a financial guarantee was not required as a condition of approval, all development components shall be completed prior to the issuance of a Certificate of Zoning Compliance; or alternatively, in situations where all public health and safety components have been completed, upon request of the applicant, the Planning and Zoning Commission may authorize the issuance of a Certificate of Zoning Compliance provided a suitable bond with written bond agreement has been submitted and approved for the remaining site work or provided acceptable alternative arrangements are approved by the Commission or the Director of Planning and Development and Zoning Agent.

B. Letters of credit. The Commission may authorize the use of Letters of Credit to address bonding requirements, provided the following terms and conditions are met:

(1) No Letter of Credit shall be accepted in an amount less than $100,000;

(2) At least 10% of the Commission's bond requirement shall be posted as a cash bond with agreement;

(3) All Letters of Credit shall be from a bank licensed in the State of Connecticut that is considered a safe risk by the Commission and the Mansfield Director of Finance. In making this determination, consideration shall be given to the bank's financial record, including total assets, surplus and undivided profits, capitalization ratio, loss reserves and any other related financial information deemed appropriate. The Commission and Director of Finance also may consider rating service information and any other relevant information pertaining to the acceptability of the bank. A Letter of Credit shall not be accepted from a bank with a ratio of risk-based capital divided by risk-based assets of less than 10% (see Section 36a-333 CGS as may be amended).

(4) All Letters of Credit shall be confirmed, irrevocable and shall be subject to sight payment. The term for the Letter of Credit shall be for at least one year beyond the completion date cited in a required bond agreement between the Developer and the Town.

(5) All Letters of Credit shall be accompanied with a bond agreement, which includes project approval references and terms acceptable to the Commission with staff assistance. Said bond agreement shall be referenced in the Letter of Credit and shall authorize the Commission to obtain funds secured by the Letter of Credit for non-compliance with conditions of approval, approved plans and specifications or any other provision of the bond agreement;

(6) All Letters of Credit shall specify that if the Town elects to demand payment and if an Act of God required that the bank be closed, the date of expiration and the collection terms shall be extended for a minimum of 65 days after the bank is reopened.

§ 190-77 Architectural and design standards.

A. Statement of purpose. This section is designed to provide comprehensive standards that encourage and guide the coordinated development of specialized groups of principal buildings and intensive uses, with the exception that this section shall not apply to property located in an SC-SDD zone district. Subject to compliance with more specific provisions of these Regulations, these standards shall be utilized as design-determinants to organize a site layout and to develop the composition and character of new buildings and site improvements. The use of these standards shall promote goals and objectives contained in Mansfield's Plan of Conservation and Development and shall help protect and promote the public's health, safety and convenience. Additionally, these standards shall:

(1) Protect and enhance the value of properties in the neighborhood of a subject site and encourage the most appropriate use of land in Mansfield;

(2) Protect and enhance natural and man-made features and scenic views and vistas on and adjacent to a subject site;

(3) Protect and enhance historic areas and encourage the adaptive use of historic structures and features;

(4) Protect and enhance special features of existing neighborhoods and promote a harmonious pattern of development.

B. Site layout standards.

(1) Identify the following site and neighborhood features and incorporate as appropriate into project design, based on the standards of this section:

(a) Natural features, including: water bodies, watercourses, existing vegetation, hills, ridges, hedges, rock outcropping, etc.;

(b) Historic/Cultural Features, including: existing structures, foundations, stone walls, fences, cemeteries, historic sites, etc.

(c) Scenic Features, including: significant views and vistas on or adjacent to the subject site.

(2) Protect and enhance site and neighborhood features which are of environmental, historic or scenic importance (see § 190-60B for special historic village area review criteria).

(3) Create significant and proportional spatial relationships between site and neighborhood features and the mass (the size or bulk of the building) and scale (the size relationship of the building to the site and also to the person(s) who use it) of proposed structures and site improvements. Where appropriate, separate incompatible uses with large open space or natural buffers. In large developments with multiple buildings, consider open space breaks and preserving existing vegetation to create identifiable places within the development.

(4) Where appropriate, respect prevailing building setbacks and continue existing visual patterns (e.g., density, location of sidewalks/parking areas, etc.).

(5) Where appropriate, site new buildings to promote energy conservation.

(6) Vehicular and pedestrian safety and accessibility shall be addressed in a comprehensive and intermodal manner. Design site entrances and, where appropriate, building entrances, to be clearly visible and identifiable from public accessways or any other primary vantage points. Provide safe and attractive walkway/bikeways and, where appropriate, public transit amenities and interconnected development that promotes walking and cycling to, and within, the area and enhanced public transit opportunity.

(7) Where appropriate, locate major parking areas to the rear or side of proposed buildings.

C. Building layout and design standards.

(1) Balance the visual relationships of building mass and size with its site and adjacent sites, especially when viewed from a distance. Where applicable, preserve and reinforce historic scale, massing and proportions between building height, length and width.

(2) Avoid long, large, box-like structures. Break large building volumes into smaller forms to lessen the total building mass and to provide continuity with nearby patterns. Consider projections (overhangs, awnings, etc.) or recesses (e.g., windows) on all buildings and stepping back upper levels on larger buildings.

(3) Strive for visual simplicity rather than complexity and create variety through compatibility rather than conformity. Coordinate color schemes and materials with neighboring buildings and coordinate all exterior elevations of a building (color, materials, architectural form, detailing, etc.). Establish character by creating shadow patterns using architectural elements (overhangs, trellises, projections and awnings, etc.).

(4) Form a consistent composition between the roof mass and building facade. Where appropriate, consider rooflines of adjacent properties and adjacent building roof details (e.g., dormers, fascia's, roof pitches, etc.).

(5) To encourage pedestrian use, build elements (e.g., protective canopies, stairs, columns, wall or roof projections and recesses, etc.) to human scale at sidewalk level and incorporate weather protection, convenience and safety features.

(6) Conceal view of all roof-mounted equipment (HVAC, plumbing, exhaust fans, etc.), particularly from the public right-of-way, using detailing incorporated into the architectural design. Avoid false detailing (mansard roofs, partial HVAC screens, truncated roof structures, etc.).

(7) Natural materials, or modern materials with the same visual characteristics, in their traditional applications (e.g., wood, stone, brick, glass, metal, etc.) should be used as primary building materials. The number of different materials on the exterior building elevation should be limited and attention shall be given to detail at corners, trim, openings and wherever there are abutting materials. Long term maintenance shall be an important consideration in the selection of building materials.

(8) National franchises shall utilize building designs and building materials that reflect Mansfield's architectural traditions in their form, materials and details.

(9) Secondary rear or side building facades that are visible from public spaces or adjacent properties shall be designed to complement the architectural treatment of primary facades.

(10) The design of signage, lighting fixtures, accessory structures, fences, storage enclosures, bicycle racks, benches, trash baskets and other site improvements shall be coordinated with primary buildings in form, materials and details.

(11) Buildings shall be sited and designed to promote energy conservation. Consideration should be given to solar orientation, insulation, lighting, plumbing, landscaping and other energy efficient design elements.

D. Landscaping/lighting/site improvement standards.

(1) Balance the quantity of on-site landscaping with the scale of the proposed development. Landscape around buildings to establish continuity within the site and incorporate interior parking lot landscaping as per the provisions of § 190-78R. Provide areas for snow placement and removal.

(2) Where appropriate, integrate existing mature vegetation into the design. Incorporate a variety of plant species into the design and avoid monocultures. Plants identified in the current State Department of Environmental Protection Agency listing of invasive species shall not be used.

(3) Utilize landscape buffers, berms, fencing, etc. to screen parking areas and waste storage areas from adjacent streets, walkways, bikeways, other public spaces, and, as appropriate, neighboring properties.

(4) Coordinate lighting fixture assembly with site and building designs. Use lighting fixtures with shielding devices or cut-off refractors to eliminate or minimize light spill. Wherever possible, conceal lighting sources from the public right-of-way and neighboring properties.

(5) Avoid relative brightness differences with adjacent land uses. Use white lamps (metal halide, fluorescent, incandescent, etc.) rather than low or high-pressure sodium sources for all new development. White light is crisp and has true color retention. Provide photometric data as requested for specific development projects.

(6) Provide safety-textured and, where appropriate, patterned walking surfaces and plazas. Include benches and/or low walls in places where they will encourages pedestrians to gather without creating safety issues.

(7) Provide vehicle barriers (curbs, bollards or low walls/fences) located to protect and not obstruct adjacent walks or plazas or where appropriate for other safety purposes (e.g., grade changes, traffic lanes, trees, etc.).

(8) Install underground utilities to serve new developments and, where appropriate, relocate existing overhead services below ground.

§ 190-78 Required off-street parking and loading.

A. Applicable to all uses. Accessory off-street parking and loading spaces, open or enclosed, shall be provided for any lot for any use specified in Subsections E and L below, for the purpose of eliminating the creation of traffic hazards. This section shall not apply to properties zoned SC-SDD. All parking and loading requirements within a Storrs Center Special Design District shall be in accordance with the requirements of § 190-48. Any land which is developed as a unit under the single ownership and control with uses specified below in these sections shall be considered a single lot for the purpose of such regulations.

B. Area counted as parking space. A parking space may be any open or enclosed area, including any private garage, carport, driveway or other area available for parking, except that no street may be used nor may such parking space be located in a required front yard of a corner lot within 50 feet of the corner.

C. Residential driveways. New driveways for construction of one and two-family homes on existing lots shall meet the requirements of Sections 7.9, 7.10.c through 7.10.j and 7.11 of the Mansfield Subdivision Regulations.

D. Location of required accessory parking facilities. Required accessory parking facilities, open or enclosed, shall be provided upon the same lot as the use to which they are accessory or elsewhere within 1,000 feet of such lot. All off-site parking spaces within 1,000 feet of a subject lot shall require special permit approval of the Commission in accordance with the provisions of § 190-74.

E. Size of space and access aisle.

(1) All parking spaces and associated access aisles shall be sized and designed to ensure safe and convenient use. Except for required accessible parking spaces (see Subsection L below), unless a reduction is specifically authorized by the Planning and Zoning Commission, all parking spaces shall have a minimum width of 9 1/2 feet, a minimum length of 19 feet and a minimum access aisle width of 24 feet.

(2) Depending on the nature of a subject use, site characteristics and parking lot design, and provided no traffic safety problems are anticipated and that a reduction will enhance the overall design, layout and physical impact of a proposed parking area, the Commission may, by majority vote, authorize a reduction in the minimum standards cited above. Potential reductions in parking space and aisle dimensions are most appropriate for parking areas designed for one-way travel or angled parking and for employee parking areas. (Also see Subsection I below for access drive width requirements.)

F. Unless specific exceptions are noted in other sections of these regulations, required parking spaces shall be as follows:

Use		Required Parking Spaces
(1)	Residences (single and multi-family)	Two for each dwelling unit
(2)	Home occupation	As determined by the Commission
(3)	Buildings & open stands for display & sale of agricultural products	1 for each 5 feet of building frontage
(4)	Churches	1 for every 4 seats
(5)	School, Public & Private	1 for each 12 seats of students
(6)	Private recreational facilities	As determined by the Commission
(7)	Telephone exchanges utility substations	1 for each 2 employees or 300 square feet of floor area, whichever is greater
(8)	Trailers, trailer coaches, & mobile homes	2 for each dwelling unit
(9)	Theatres (Enclosed)	1 for each 3 seats
(10)	Restaurants where food and drink are consumed on site & there is no specified take-out service	1 for each 3 customer spaces (seats, stools, spaces along counters and spaces in other areas where customers may be located and/or on-site consumption may occur)
(11)	Restaurants located on a site with 5 or more separate stores, shops, or businesses, where food, & drink are consumed on site and there is a specified take-out service	1 for each 3 customer spaces (as defined in Subsection F(10) above) plus 5 additional spaces; or the number of spaces required for a retail & personal service use as per Subsection F(15) below, whichever number of spaces is greater
(12)	Restaurants located on a site with 4 or fewer stores, shops or businesses, where food & drink are consumed on site & there is a specified take-out service	1 for each 3 customer spaces (as defined in Subsection F(10) above), plus 5 additional spaces; or the number of spaces required for a retail and personal service use as per Subsection F(15) below, whichever number of spaces is greater
(13)	Office building	1 for each 250 square feet of floor area
(14)	Undertaker	1 for each 200 square feet of floor area, but not less than 1 for each 5 seats
(15)	Retail & Personal service uses within a building and involving one or 2 retail or personal service operations per store or shop.	5 spaces for the first 300 square feet or less of floor area and one for each additional 200 square feet of floor area. For retail and personal service uses on sites with 50,000 square feet or greater of commercial building square footage "net retail floor area" may be used to calculate required parking
(16)	Industrial uses	1 for each 500 square feet of floor area or 2 employees, whichever is greater
(17)	Motel	1 space for each unit
(18)	Bank	As determined by the Commission
(19)	Retail and personal service uses within a building & involving 3 or more retail or personal service operations per store or shop	As determined by the Commission
(20)	Retail & personal service uses utilizing an outdoor area	As determined by the Commission
(21)	Retail, personal services, restaurant and other similar uses within a building or buildings on a site that contains not less than 250,000 square feet of gross floor area in all buildings.	4 spaces per 1,000 square feet of net retail floor area Interior pedestrian walkways between tenant spaces shall not be included as net retail floor area
(22)	Group Dwelling	1 space per bedroom plus 10 spaces for every 100 bedrooms

Parking requirements for other uses and activities shall be determined by the Planning and Zoning Commission.

G. Exceptions.

(1) For commercial uses located within PB-2 and PB-4 zones, the number of parking spaces required shall be reduced by 20%. The Commission may also consider a further reduction based upon the proposed commercial use and the nature of existing and anticipated pedestrian traffic due to the proximity of the University. This exception shall not affect those uses with parking requirements "to be determined by the Commission" as per Subsection F above.

(2) For commercial uses located within Planned Business zones containing a building greater than 250,000 square feet of gross floor area with a theatre component of at least 1,000 seats, the number of parking spaces required per Subsection F above may be reduced by 20%, provided such reduction is supported by a specific shared parking analysis for the subject site and uses.

(3) For multi-family dwellings and group dwellings, the parking requirements may be reduced pursuant to Table 1 below provided parking is provided for an additional fee separate from base rent and Special Permit approval is obtained. The maximum reduction allowed shall be 75% for the PB-4 and I zone and 25% for all other zones. Should the development at any time cease to comply with the eligibility criteria, the owner shall be responsible for increasing the number of available parking spaces to comply with the requirements of Subsection F.

Table 1: Parking Reductions for Multi-Family and Group Dwelling Uses
Credit Type	Reduction	Maximum Reduction Allowed
BICYCLE PARKING Available to properties located within 1/2 mile of a designated bicycle route.	1 space for every long-term bicycle parking space (sheltered bicycle locker or bicycle rack within enclosed storage area)	5% of required parking
PUBLIC TRANSIT Available to properties served by WRTD or the UConn Shuttle. Properties must be connected to bus stop by a public sidewalk. Distance to the bus stop shall be measured along the public sidewalk from the point at which the on-site pedestrian walkway connects to the sidewalk.	Bus stop located either on-site or directly in front of property: 15% of required parking Within 750 feet of bus stop: 10% of required parking Within 2,500 feet of bus stop: 5% of required parking	Per Distance Requirement
PRIVATE TRANSIT Vehicular parking requirements for residential uses that do not meet the locational requirements for public transit credits may be reduced where the owner commits to provide regular daily shuttle service to areas of employment and activity such as UConn, Downtown Storrs, 4 Corners, the Route 6/Route 195 area, Eastern Connecticut State University (ECSU) and Willimantic. Credits shall be awarded based on frequency and timing of service and number of employment/activity centers served. Any applicant proposing use of the private transit credit shall provide a proposed operating schedule for approval by the PZC.	Hourly Service: 15% Half-Hour Service: 20% Stops: Additional 2% for each stop along route at a major employment/activity center	50% PB-4 and I zones 25% all other zones
CAR-SHARE PARKING Vehicular parking requirements may be reduced by designating parking spaces as car-share parking spaces. Applicant must provide documentation of an agreement with a car-share company providing services to building tenants or location of a publicly accessible car-sharing facility within specified distances	On-Site Car Sharing: 2% credit for each designated car-sharing space up to 20% Publicly accessible car-sharing facility within 1/4 mile and connected by sidewalk: 1% credit for every designated car-sharing space up to 10%	20%
AFFORDABLE/WORKFORCE HOUSING Credits are available for low-income and affordable housing units provided on site provided the property is located within 1/4 mile of a transit stop and is connected to the transit stop by off-street walkways:	Low Income Housing Units: 25% reduction Affordable Housing Units: 10% reduction	Per Number of Income-Restricted Units

H. Electric vehicle charging stations (EVCS). In all Zoning Districts, Level 2 EVCS-capable spaces as defined by Connecticut General Statute, meeting or exceeding 10% of all new parking spaces are required as part of any new construction, expansion to an existing parking area or significant change of use which will result in the addition of 30 or more parking spaces.

I. Safe and convenient access to and from a street shall be provided subject to approval of local and/or State Highway Department. Unless a reduced access drive width is specifically authorized by the Planning and Zoning Commission, such access shall consist of at least two twelve-foot lanes for all parking areas. Depending on the nature and location of a proposed land use, the Planning and Zoning Commission may by majority vote authorize reduced access driveway widths provided no traffic safety problems are anticipated and provided the reduced width will enhance the overall design, layout and physical impact of the proposed land use. Reduced access driveway widths are most appropriate for non-commercial uses with low traffic volumes, for sites in residential zones and for sites accessed by existing roadways less than 24 feet in width. In situations where the Planning and Zoning Commission authorizes a reduced access driveway width, the Commission shall reserve the right to require, as a specific condition of special permit on-site plan approval, the subject driveway(s) to be widened. Any such condition shall include a review process and criteria designed to address potential traffic safety problems.

J. Drainage and surfacing. All open parking spaces shall be properly drained and all such areas shall be provided with a dustless surface.

K. Joint facilities. Required parking spaces, open or enclosed, may be provided in spaces designated to serve jointly two or more establishments whether or not located on the same lot, provided that the number of minimum required spaces in such joint facilities shall not be less than the total required for each such establishment.

L. Accessible parking spaces. All proposed commercial, industrial, governmental and multi-family residential land uses shall provide accessible parking spaces for persons with disabilities. At minimum, said spaces shall conform with Section 14-253a(h) of the State Statutes and the State Building Code in number, location and design. However, additional handicap spaces may, depending on the number of entrances and the nature of the population served, be required by the Commission.

M. Fire lanes and emergency access. All parking areas shall conform to applicable requirements of the Mansfield Fire Marshal regarding adequate fire lanes and emergency vehicle access. Where a property is located in more than one zoning district, the Commission may through Special Permit authorize installation of a gated and locked emergency access through the district abutting the public right-of-way. In evaluating a Special Permit request for emergency access, the Commission shall consider the recommendations of the Fire Marshal as well as impacts to abutting properties.

N. Size, location and access of loading berths. Each required loading berth shall be at least 12 feet wide, 50 feet long and 15 feet high, and may be located within a building or in open space, but not within required off-street parking spaces or accessory drives thereto. Unobstructed access at least 12 feet wide to and from a street shall be permitted or required loading berths shall be on the same lot as the use to which they are accessory, except as provided in 11 below. No accessory off-street loading berth, whether open or enclosed, shall be located within a required front yard.

O. Off-street loading berths shall be required as follows:

Use	Off-Street Loading Berths
Public facilities & public schools	One berth for each 10,000 square feet and an additional berth for each additional 25,000 square feet or fraction thereof
Buildings with offices, retail and service establishments, and manufacturing	1 berth for 8,000-25,000 square feet & 1 additional berth for each additional 25,000 square feet or fraction thereof
Undertakers	1 berth for each chapel, minimum size 10' x 20'

P. Joint facilities. Required open or enclosed loading berths may be designated to serve jointly two or more adjacent establishments, provided the number of such joint berths shall not be less than the total number of berths required for all of the establishments served by such joint facility.

Q. Access near street corners. No entrance or exit for any accessory off-street parking area with over 10 parking spaces or any loading berth shall be located within 50 feet of the intersection of any two street lines.

R. Lighting. All parking and loading areas shall be adequately illuminated in order to prevent vehicular and pedestrian safety problems. All lighting fixtures shall be arranged (and, where appropriate, shielded) to prevent glare and to direct light away from any neighboring residential properties [also see § 190-75D(7)].

S. Snow removal. All parking and loading areas shall be designed, constructed and maintained to address snowplowing and snow removal needs for the site. All loading areas and the minimum number of parking spaces required by these regulations and any Commission approval requirements shall be available for year-round use.

T. Interior parking lot landscaping.

(1) In addition to the buffering and other landscaping requirements provided for in § 190-75D(17), any new parking area (including those portions of existing parking areas that would be substantially altered in association with a proposed expansion or intensification of use on the property) which contains spaces for 10 or more cars shall include landscape areas within vehicle use areas. Said interior lot landscaping shall be equal to at least 10% of vehicle use areas which shall include portions of the site bound by parking, loading and driveway areas. For example, where a vehicle use area abuts a building, landscaping adjacent to the building is not considered part of the required interior lot landscaping. Similarly, perimeter buffer landscape areas are not part of the required interior lot landscaping.

(2) The following additional criteria shall be met:

(a) Interior lot landscaping shall be designed to reduce vehicular speeds and enhance parking lot safety, to help separate pedestrian and vehicular movements, to improve environmental quality and site aesthetics and to eliminate large expanses of impervious surface. Where possible, larger parking areas should be separated by center island medians and, in general, no parking space should be located more than 100 feet from an interior landscape area.

(b) Interior landscape areas shall contain a mix of trees, shrubs, ground covers and other plantings. At a minimum, one deciduous shade tree at least two inches in caliper, shall be planted for each 10 parking spaces. Trees and shrubs placed within five feet of paved areas shall be of a variety capable of withstanding salt damage. Plants identified in the current State Department of Environmental Protection Agency listing of invasive species shall not be used.

(c) Interior landscape areas shall be designed with adequate width to meet design objectives, to provide adequate areas for healthy plant growth and to help address snow removal requirements. A minimum island width of 12 feet shall be provided. Where pedestrian ways are located within a landscape area, wider widths are necessary.

(d) Interior landscape areas shall be protected by curbs, landscape timbers or other means acceptable to the Commission. Landscape areas shall be mulched with woodchips, shredded bark or other materials acceptable to the Commission.

(e) To prevent sightline problems, at all locations where vehicular or pedestrian traffic intersects (especially at driveway and street intersections), landscape plantings shall not exceed a mature height of two feet.

(f) All required landscaping shall be installed in accordance with approved plans. Plantings and other improvements shall be maintained in a healthy and/or attractive state and replaced when necessary. See § 190-75D(17)(c). The Commission shall retain the right to modify the landscaping requirements of this subsection where specialized site conditions exist (such as existing trees or structures, unusual lot configuration, topographic or wetland/watercourse constraints, etc.), which would make strict compliance with these standards unreasonable. Whenever the Commission modifies interior lot landscaping requirements under this provision, reasons for the modification shall be cited.

U. Deferred construction. In a Planned Business Zone, an applicant may defer construction of not more than 10% of the required parking spaces provided it indicates on its site plan the location where such parking shall be constructed should actual use indicate a need for such parking spaces and provided further that it provides a parking study as part of its application to demonstrate that the deferral of construction of such spaces will not adversely impact the operation of the development. If, at any time, the zoning enforcement officer determines that the deferred parking spaces (or a portion thereof) are required for the operation of the property in a safe manner, the owner shall construct such deferred parking spaces within a reasonable period of time of receipt of written notice from the zoning enforcement officer and, in any case, not less than 180 days from receipt of such notice.