ARTICLE 9. SITE PLANS

9.1. Purpose

Each use for which a site plan is required has a potentially significant impact upon the unique character of the Borough. The Commission recognizes that many uses of land may be rendered acceptable or unacceptable for particular locations by numerous factors, including appearance and arrangement of structures, compatibility with adjoining uses, capacity of adjoining streets, availability of parking, and other considerations enumerated in the Regulations. It is intended that the site plan for each use be prepared with due consideration for the purpose and intent of these Regulations; coordination with and improvement of vehicular and pedestrian access, drainage and utilities, lighting and landscaping, natural resources, historic buildings, and other features that support the neighborhood; and protection of the public health, safety, welfare, property values, and the environment.

9.2. Requirement for Site Plan

No property shall be used, or uses altered in space, time, or intensity, nor buildings or structures erected, altered or enlarged, except those uses and activities exempted elsewhere in these Regulations, and as described below, until a site plan meeting all applicable requirements of Section 9 herein has been approved by the Commission.

Site plan approval from the Commission is not required if: the proposed uses, alterations or construction will not result in an increase in the need for parking, there is no significant exterior change to the building or site visible from the frontage road, there is no increase in the gross floor area of a non-conforming building or structure, any increase in the gross floor area of a conforming building or structure is itself conforming, and any change of use is to another permitted principal use allowed in that district. A Zoning Compliance Permit may be required to be obtained from the Zoning Officer as per Section 11.2. Site plan approval from the Planning and Zoning Commission is required for construction of all new residential, commercial and industrial buildings.

9.2.1. Waiver of Site Plan Requirements

In addition to uses and activities specifically exempted elsewhere in these Regulations, the Commission may, by resolution, waive the requirements for site plan review if it determines that a proposed activity will not result in an increase in the need for parking, nor shall it entail any significant exterior change to the building or site, nor shall such new activity have any impact different from the existing use from which the change is requested. Coastal site plans, where applicable, shall not be waived.

9.2.2. Partial Waiver of Site Plan Requirements

In order to avoid unnecessary delay and expense for the applicant whose proposed activity is minor in nature and in its impact on the unique character of the Borough, the Commission may, by resolution, at its discretion, exempt any application from specifically designated portions of the requirement for contents of a site plan as set forth in Section 9.5. Such exemption may be approved only if the Commission determines that such information would in no way aid the Commission in its determination of the application’s compliance with these Zoning Regulations.

9.2.3. Applicants requesting a full or partial waiver of site plan requirements shall submit an application for a Zoning Compliance Permit as specified in Section 11.2 to the Zoning Officer at least fifteen days prior to the next regular meeting of the Commission and shall state the nature of the waiver being requested.

9.3. Informal Discussion of Site Plan

Any applicant for a use requiring site plan approval may request the opportunity to place such proposal in the agenda of a regular or special meeting of the Commission for the purpose of presenting preliminary plans or concepts, and receiving preliminary comments, observations, questions, or areas of concern. Neither the applicant nor the Commission shall be in any way bound by statements made in such informal discussions, their purpose being only to minimize delay, expense, and inconvenience to the public, the applicant and the Commission upon the future receipt, if any, of a formal submission of the site plan. At this informal discussion, the applicant may request a full or partial waiver of site plan requirements under Section 9.2.1 or 9.2.2. Following any informal discussion, the Commission may suggest that the proposal, or certain aspects thereof, be referred to other municipal, state, or federal agencies for review and comment, or may suggest that additional information is or will be required prior to action on a formal application for site plan approval.

9.4. Application for Site Plan Approval

Each application for site plan approval shall be submitted to the Zoning Officer, or other designated agent, at least fifteen days prior to the next regular meeting of the Commission, on a form provided by the Commission, and accompanied by twelve copies of the proposed site drawing and applicable architectural or design drawings, which shall meet all requirements of Section 9 herein, except those specifically waived by the Commission under Section 9.2. The application shall be accompanied by a fee as specified in Section 11.4. The Commission shall determine when an application is complete.

Such applications, except those accompanying a Special Permit request, shall be acted upon by the Commission in its capacity as Zoning Commission under the provision of Section 8-3(g) of the Connecticut General Statutes. In the case of site plans accompanying a Special Permit application, such plans shall be considered as part of a Special Permit application and final action on such plan shall be taken in accordance with the provisions of Section 8-7d of the Connecticut General Statutes.

9.5. Contents of a Site Plan

A site plan on a sheet no larger than twenty-four inches by thirty-six inches at a scale of one inch equals twenty feet (1”=20’), or other such scale as may be approved by the Commission, shall be prepared that will include and show, where applicable, the following information, and shall be accompanied by all written reports and documentation as required herein. Such plan shall be prepared and sealed by a professional engineer, land surveyor, or architect licensed to practice in the State of Connecticut.

9.5.1. Boundary Survey Plan

All boundary and survey information contained on the site plan shall meet the requirements for accuracy to A-2 standards which were in effect prior to 1993, unless reference can be made to a previous A-2 survey on file in the office of the Stonington Town Clerk.

9.5.2. Statement of Use

A written statement, signed by the applicant, and by the owner if different from the applicant, describing the following in sufficient detail to determine compliance with these Regulations:

9.5.2.1. The nature and extent of the proposed use or occupancy;

9.5.2.2. The number of persons to occupy or visit the premises on a daily basis, including parking and loading requirements for the proposed use;

9.5.2.3. An estimate of the amount and type of vehicular traffic to be generated on a daily basis and at peak hours.

9.5.3. Reports

Written reports concerning the following:

9.5.3.1. Evidence from the Stonington Water Pollution Control Authority, or its agent, that the site can be adequately served by sanitary sewers;

9.5.3.2. Evidence from the Connecticut American Water Company that community water is available to the site;

9.5.3.3. All plans and reports required in Section 3.3, including, but not limited to, the following:

a. Application and coastal site plan, as required in Section 3.3.1;

b. Special requirements in flood hazard areas, as required in Section 3.3.2;

c. An erosion and sediment control plan for development when the disturbed area of development is cumulatively more than one-half acre, as required in Section 3.3.3;

d. compliance with waterfront vista protection requirements of Section 3.1;

e. a description of measures included to reduce hypoxia, pathogens, toxic contaminants, and floatable debris, in accordance with Section 3.3.6.

9.5.4. Site Plan Specifications

The following information shall be included on all site plans submitted to the Commission for approval:

9.5.4.1. A location map at a scale of one inch equals one hundred feet (1”=100’), depicting the subject property and all abutting properties, public ways, and lands reserved for public use, in such a way as to show the relationship of the site to the surrounding neighborhood and to the street pattern;

9.5.4.2. Property boundaries and names of all abutting property owners, including across the street, if applicable;

9.5.4.3. All existing and proposed grades at five-foot intervals or less and the existing grades every twenty-five feet along abutting streets. Grades and contours shall be referenced to an existing or established public benchmark;

9.5.4.4. The delineation of all wetlands and watercourses, coastal resources, and flood hazard areas;

9.5.4.5. Location and size of all existing and proposed buildings and uses on the subject site, and approximate location and size of all existing buildings and structures on the abutting property which are within twenty feet of the common lot line;

9.5.4.6. Existing groins, jetties, bulkheads, docks, piers, and wharves; specimen trees, shrubs, and tree or shrub areas; special site features, such as ledge outcroppings, scenic or marine vistas; landmark structures and sites; location of utilities, underground cables and pipes; existing driveways, walkways, parking areas, including walkways within the adjacent street right-of-way, easements or covenants running with the land;

9.5.4.7. Proposed Buildings and Structures: location and square foot coverage; buildings proposed for demolition; accessory buildings and structures, including piers, docks, jetties, walls, fences, and signs; use of all buildings and square footage of each use; total number of dwelling units, including square footage of each unit; floor plans showing existing and proposed rooms, partitions, and uses; where an exterior elevation of the building is to be altered, or in the case of new construction, the building elevations, including front, side, and rear, depicting all building details, including door and window location and type, building materials, location of all roof or ground-mounted heating or air-conditioning units, and the screening thereof, and any building-mounted signs or lighting;

9.5.4.8. Proposed Site Features: proposed excavation, grading, and filling and volumes of material to be moved; uses of land, including outside display or storage areas and the square footage of each; percent of building coverage, percent of open space; alterations in boundaries; required yards; any proposed future division of land among owners; phasing schedule of development; proposed easements or covenants running with the land, and text of all easement or covenant documents;

9.5.4.9. Proposed Off-Street Parking: location of parking areas, number of spaces in each, dimensions of spaces and aisles; direction of traffic flow; pedestrian circulation patterns; wheel stops and curbs; required number of parking spaces per proposed use, according to Section 2.8 of these Regulations, and total number of spaces provided on the site; location of all pedestrian and vehicular easements to permit access to adjoining sites;

9.5.4.10. Proposed Landscaping and Open Space: location of all landscaped areas and their total square footage, the location of trees and shrubs, and a table or key indicating their type and number, their size at planting, and their mature size; materials of walkways and parking areas, and samples where required; location, height, and construction of all fences, walls, and retaining walls; location, number, and design of all street furniture, including benches, planters, trash receptacles, tree grates, and the like;

9.5.4.11. Proposed Lighting: number, height, and location of all lighting fixtures, including building-mounted fixtures; mean, peak, and minimum light levels produced; wattage and type of all luminaries; illustrations of the poles and luminaries to be used;

9.5.4.12. Proposed Utilities: location of all proposed utilities to serve the site; design of all storm water drainage structures, calculations of increased peak flow, location and design of detention and/or siltation ponds, and evidence of the adequacy of public storm water systems to receive flow.

9.6. Specific Recommendations and Requirements for Sites and Buildings

The following recommendations and requirements are provided to assist the applicant in determining the specific items which the Commission will examine in evaluating any site plan, and the preferred or required features, as the case may be:

9.6.1. Building Materials: Preferred building material shall be brick, stone, or narrow width siding, or the like. Not preferred are metal, unfinished concrete block, and asphalt shingle siding. Roofing materials should, where visible, be cedar shake, slate, copper, or reasonable equivalents. Tar paper, metal, or plastic roofing surfaces are strongly discouraged. Building-mounted lighting shall utilize shielded light sources, and shall be of a style and character which is in harmony with the character of the Borough. Building-mounted floodlights, and ornamental building lighting are discouraged. All roof-mounted ventilation, heating, and air-conditioning equipment, including solar collectors, should, where possible, be recessed or otherwise incorporated into the roof design so that they are not visible from any adjacent property at the height of the proposed building.

9.6.2. Lighting: All commercial, industrial, and multi-family residential parking lots shall be illuminated to an average level of one-half foot candle per square foot. Lighting standards in parking areas shall not exceed twelve feet in height. Luminaries shall have shielded light sources to prevent glare. Pedestrian ways shall be illuminated by light bollards or other low-level lighting standards which shield light sources. All loading areas shall be illuminated to the level of parking areas.

9.6.3. Walkways: All site plans shall provide for pedestrian walkways and circulation in commercial, industrial, and multi-family residential parking areas and around buildings. Walkways along public streets are required and should be constructed of slate, brick, or concrete and at a minimum width of five feet. Interior walkways should be constructed of slate, brick, or suitable paving blocks, but in no case shall they be gravel or earth.

9.6.4. Landscaping: All building foundations should be landscaped with suitable trees and shrubs. All parking areas should be screened from adjoining properties and streets by landscaping, and landscaped islands should be incorporated into parking lots to direct vehicular and pedestrian circulation and to reduce the visual impact of large paved areas. All deciduous trees shall have a minimum caliper of two and one-half inches, all evergreen trees shall have a minimum height of six feet, and all shrubs shall be of a size at least one-third of their mature potential. All artificial trees, shrubs, or grass are prohibited, except for seasonal, festive, or other temporary decorations.

9.7. Findings Required for Approval of a Site Plan

9.7.1. That the application is complete and includes all materials and information required by the Commission in order to reach the findings contained herein.

9.7.2. That the application conforms to all relevant provisions of these Regulations.

9.7.3. That the application is not significantly adverse to any recommendation or objective of the Plan of Conservation and Development.

9.7.4. The proposed use is appropriate for the designated location with regard to: the size and intensity of the proposed use, and its relation to existing land uses; the capacity of adjacent and feeder streets to accommodate peak and average traffic volumes, and special traffic characteristics of the proposed use; the obstruction of light or air, or the emission of noise, light, smoke, odor, gas, dust, and/or other offensive emissions without adequate buffering or controls; the overall impact on neighborhood property values, and any limitation of the existing or future use of adjacent properties; special problems of fire or police protection inherent in the proposed use; the preservation of the character of the neighborhood; the availability of adequate sewer, water, storm water, and other utilities which the use may require.

9.7.5. That the site and building plans are designed so as to minimize the delay, inconvenience, and expense of providing for the public health, safety, and welfare, including but not limited to the following: adequate year-round access for emergency vehicles and equipment; adequate utility capacity; flood-proofing measures which may be desirable, even if over and above the minimum requirements of these Regulations; provision for the control of erosion and sedimentation; provisions for the protection of the physical environment; avoidance of glare visible from public streets or adjacent properties.

9.7.6. That the proposed activity, with any conditions or modifications imposed by the Commission, is consistent with all applicable policies of Section 22a-92 of the Connecticut General Statutes and incorporates any conditions or modifications and all reasonable measures which mitigate the adverse impacts of the proposed activity on both coastal resources and future water-dependent uses.

9.7.7. That the overall architectural character of the site and building designs are not detrimental to property values in the Borough, and will preserve its existing historic character in terms of scale of buildings, the preservation of aquatic vistas and public access, materials used, roof lines, door and window details, site and building lighting, paving materials, landscaping, signs, colors, and all other features of the site and buildings which are visible from the exterior of any building on the site or from adjoining properties or streets, or which may impact the character or quality of life on adjoining properties or throughout the Borough.

9.8. Approval of Site Plan

The decision to approve, modify, or deny a site plan application shall be made within the time periods specified by state statute. A decision to deny or modify shall set forth the reasons for such denial. Once approval has been granted by the Commission, one mylar and four copies of the approved plan, on which all of the conditions imposed by the Commission as part of its approval have been clearly indicated, shall be forwarded to the Commission for its endorsement.

9.9. Amendments to Approved Site Plan

Minor amendments to an approved site plan may be approved by the Commission provided said amendments do not alter the overall character, quality, density or intensity, bulk, uses, amenities, parking or other major features of the site plan as approved. Major amendments shall be treated as new applications for site plan approval in accordance with the procedure set forth in these Regulations. The Commission shall decide, on cases in question, whether a change shall be designated major or minor. Regardless of the decision of the Commission, the applicant may still have to submit the amendment for approval under the provisions of Section 2.6, Design Overlay Zone.

9.10. Commencement of Construction

Construction shall commence on any site plan in accordance with the final Plans within one year of the date of the Commission’s approval thereof. Any Plan not commenced shall be null and void. No building permit shall be issued until a new site plan is approved. Any site not completed within five years of the date of the Commission’s approval shall likewise become null and void, and no Certificate of Occupancy shall be issued thereafter except upon the amendment procedure set forth in Section 9.9 above. A notice of approval of a site plan shall include a statement of the date on which such five-year period expires.

9.11. Certificate of Occupancy

No Certificate of Occupancy shall be issued by the Building Official until the Commission, or its agent, has determined that the site has been completed in accordance with the approved site plan and has issued a Final Certificate of Zoning Compliance. No Final Certificate of Zoning Compliance shall be issued until the Commission, or its designated agent, has received written certification from the project architect, engineer, or land surveyor, if one has participated in the preparation of application materials, to the effect that the project has been completed in accordance with the approved plan. If amendments have been approved, “as built” drawings shall be submitted as well. The Commission, or its agent, shall consider said written certification and “as built” drawings, along with any inspections of the site. If the Commission, or its agent, finds that the project is complete in accordance with the approved plan, issuance of a Certificate of Occupancy shall be authorized. If the Commission, or its agent, finds that the project is incomplete, a Certificate of Occupancy shall not be issued.

When the site work cannot be completed because of weather or other pertinent reason, a Conditional Certificate of Zoning Compliance and a Conditional Certificate of Occupancy may be issued for a period not to exceed one hundred eighty days, provided that the site, in its unfinished condition, poses no threat to public health, safety, and welfare; and provided that a surety bond, or other acceptable surety, in an amount sufficient to cover the cost of improvements remaining to be completed, is posted with the Commission. The Commission shall determine the amount of the surety. Such surety shall be in a form acceptable to the Commission, payable to the Borough of Stonington, and shall be accepted with the express condition that all work covered by the surety shall be completed within the period specified by the Commission, or such surety shall be forfeited to the Borough of Stonington.

9.12. Optional Public Hearing

The Commission may hold a public hearing on a proposed site plan, subject to the time requirements of Section 8-7d of the Connecticut General Statutes.

9.13. Public Postings

The applicant for a site plan shall comply with the public posting requirements of Section 11.6.