Town of East Hampton, Connecticut
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East Hampton, CT 06424

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SECTION 28 - SITE PLAN REQUIREMENTS
The purpose of this regulation is to ensure that development in the Town of East
Hampton is done in a manner consistent with the goals of these Regulations as stated in Section 1, to provide direction and guidance in the design of such development and to facilitate creative, sound, attractive, site sensitive uses of land.

28.1 - Design Standards

All site plans presented for approval shall apply all of the following standards and concepts to all buildings, parking areas, drives and roads, landscaping, open space, and other design elements of the proposal.  The applicant shall show that effort to comply to the greatest degree possible with these standards has been made. Failure to address these standards shall constitute adequate reason for rejection of the site plan.

28.1. A - Site sensitivity

All site plans presented for approval shall show that the design presented represents the least impact on the site that is practicable.  The existing grades of the site shall be altered to the least extent.  Effort must be clearly shown that existing site conditions have been taken into account and that areas of greatest sensitivity such as steep slopes, wetlands and watercourses, existing meaningful vegetation, and adjacent, existing and potential, uses have been considered in the design proposal.

28.1.B - Storm Drainage and Storm Water Management

All site plans presented for approval that involve sitework deemed substantial by the commission shall comply with the following standards.

B.1 - References

The following documents are suggested and/or required as references in using this document:

       1.              State of Connecticut, Department of Transportation Standard
               amendments or issues Specifications for Roads, Bridges, and
                Incidental Construction, Form 813, 1986, and any subsequent.

      2.               Town of East Hampton Plan of Development.

      3.               Drainage Manual, Connecticut Department of Transportation.

      4.               Hydraulic Charts for the Selection of Highway Culverts, Circular #5 Federal Highway Administration.

      5.               Design Charts for Open-Channel Flow, Hydraulic Design Series No. 3, Federal Highway Administration.

      6.               Urban Hydrology for Small Watersheds TR #55, U.S. Department of Agriculture, Soil Conservation Service.

      7.               Ponds for Water Supply & Recreation Handbook #387, U.S.Department of Agriculture, Soil conservation Service.

      8.               Flood Flow Formulas for Connecticut, Connecticut Department of Environmental Protection.

      9.               Concrete Pipe Installation Manual, American Concrete Pipe Association.

      10.              Erosion and Sediment Control Handbook, U.S. Department of Agriculture, Soil Conservation Service, Storrs, CT.

      11.              Design methods other than those found in the above documents may be utilized if such methods are appropriate for the drainage system in question and approved by the Town Engineer.

B.2 - General
a.      In the design of all surface and subsurface drainage systems for the construction and/or improvements of land for residential, commercial, institutional, industrial sites, and other   facilities, it is imperative that the designer apply the utmost care to protect the life and property of the residents, the public, the Town and the State.  All facilities shall be planned and located so as to minimize the potential for damage to the property and all adjacent and/or downstream properties.

b.       Proposed drainage facilities shall be designed to accommodate the runoff from the entire upstream drainage area with full consideration given to the effects of potential land development that could reasonably occur under the most current zoning regulations.

B.3 - Drainage Design and Calculations

a.      General:  All drainage must be designed and certified by a Professional Engineer registered in the State of Connecticut. Storm water flows may be computed by use of the Rational Method or by use of the methods described in the most current edition of the U.S. Soil Conservation Service Technical Release No. 55.  Other methods of computing storm water flows may be utilized provided they conform to sound engineering practice.  When the Rational Method is used, rainfall intensity-duration-frequency curves for the Hartford area and runoff coefficients contained in the Connecticut Guidelines for Soil Erosion and Sediment Control shall be used. In general, the use of the rational Method shall not be   used in computing flows from watershed drainage areas in excess of two hundred (200) acres.

b.      Design Storm Criteria: All storm drainage facilities shall be designed based on the     following storm return frequency criteria:


i.      On-site storm drainage system and minor channels ........................   10 years
ii.     Discharge pipes at low points including minor cross culvert.............    25 years
iii.    Minor Streams (Upstream drainage area less than 1000 acres) .......   50 years
iv.     Major Streams (Upstream drainage area greater than 1000 acres) ...  100 years

c.      Submission of Drainage Information

The following data shall be submitted for review by the Town:

           i.  Topography contour map(s) with sufficient detail to adequately show the existing and proposed drainage characteristics of the watershed.  Drainage area(s) shall be delineated on the map(s).

           ii.         Narrative and calculations addressing at least the following:

                       aa.     Method used to calculate stormwater runoff.

                       bb.     Storm water runoff characteristics of the property before and after development.

                       cc.     Maximum velocity and peak flow at point(s) of discharge from the system(s).

                       dd.     Design calculations for all drainage piping, structures an appurtenances. The design engineer shall submit a drainage system summary sheet, similar to that shown in the Connecticut DOT "Drainage manual".  A plan identifying the tributary watershed associated with each structure shall also be submitted.  A gutter flow analysis sheet, also shown in the Connecticut DOT "Drainage Manual" shall be required by the Town for access drive designs.

                       ee.     Calculations addressing the adequacy of off-site drainage features, as applicable.

                ff.    Investigation of the effect large magnitude storm(s) will have on a drainage system designed for a smaller return storm (i.e., what happens to a system sized for a 10 year storm during a 100 year storm event).

d.      Hydraulic Design

        Except where substantiated by special design studies, storm drain pipes and culverts shall be designed to flow full for the "design storm(s)".  Total allowable headwater depths on pipes and culverts should normally be restricted to less than 1.2 times the clear height of the pipe or culvert provided flooding or damage does not occur to roadways, drives, adjacent buildings, sewage disposal systems, water supply systems or other significant features.



e.      Drainage at Intersections

        Necessary drainage structures shall be installed to properly drain all intersections with existing roads.  Intersection grading plans may be required to demonstrate adequate grading at all intersections.  Intersection grading plans shall be at a scale of 1"=10' with grading contour intervals of 0.2 feet (max.).  Improvements to surface drainage at existing intersections shall be as required to adequately drain the intersections(s).

f.      Diversion

        The diversion of stormwater runoff from one watershed or watercourse to another shall be avoided whenever possible.  Where it is absolutely necessary to create such a diversion, special provisions shall be made to minimize the potential damages which may occur as a result of such diversion and perpetual rights for such diversion, running with the land shall be secured by the developer when required by the Town.

g.      Pipe

        All pipe for storm drains shall conform to DOT Standard Form and shall be approved for use by the Town.  The minimum pipe size shall be fifteen (15") inches.  In the event that groundwater or wet conditions are encountered during construction, slotted pipe may be required by the Town.

h.      Minimum Pipe Slope

        All storm water piping shall be designed to provide a self-cleansing velocity of at least two and one-half (2.5') feet per second when flowing full.  Generally stormwater piping shall         have a minimum pitch of one half (0.5%) percent.  Lesser pitch may be approved by the Town provided the self-cleansing velocity is maintained.

i.      Pipe Cover

        The minimum clear cover over all pipes shall be three (3') feet.

j.      Outlet Structures

        All storm drain systems shall be terminated with a flared end section or other approved structure.  Special energy dissipaters may be required to prevent erosion.

k.      Placement of Drainage Structures

        Spacing between sets of catch basins shall be located as necessary to collect runoff and at a maximum of three hundred (300') feet.  When outfall pipes exceed four hundred (400') feet, maximum distance between structures shall be four hundred (400') feet.  Drainage structures shall be placed at each grade change along a storm drain and at each junction point of two or more storm drains.  Inlet structure shall also be located and connected to the drainage system to pick up low spots in areas of the right-of-way or in adjacent lots.

l.      Underdrains

        The Town may require underdrains to be installed where localized seeps, springs, or high        groundwater less than three (3') feet below the proposed grade of an access drive or other      traveled way are observed.  Underdrains shall be not less than six (6') inches in diameter and shall be perforated PVC.  Outlets for underdrains shall be connected directly to drainage structures or shall be terminated with an approved outlet.  Underdrains shall be placed in a two (2') foot wide (min.) trench, filled with 3/4 inch stone and the trench lined with filter fabric.

m.      Channels

        The use of channels to carry stormwater to natural watercourses will not be allowed except in special cases and then only with the approval of the Town.

n.      Special Structures

        Bridges, box culverts, deep manholes, non-standard endwalls, and other special structures shall be designed in accordance with good engineering practice and shall be subject to the approval of the Town.

B.4 - Drainage of Off-Site Properties

a.      No increase in stormwater peak flows or volume of runoff from 2, 10, 25, 50, and 100 year       storms shall be allowed unless downstream increases are compatible with the overall downstream drainage system.  The following items shall be investigated in determining       whether increased peak flows or runoff volumes are compatible with the overall  downstream drainage system:
        i.      The timing of peak flows from sub-watersheds.

               ii.     The increased duration of high flow rates.

               iii.    The adequacy of downstream drainage features.

               iv.     The distance downstream that the peak discharges are increased.

b.      When it is determined that stormwater detention structures are required, they shall be designed so that the peak flow(s) or volume of runoff after development shall not exceed nor be substantially less than the peak flow(s) or volume of runoff prior to development for each of the design storm events specified above.




B.5 - Detention Basins

a.      Detention basins, surface or subsurface, shall be constructed for the purpose of limiting peak discharge from the storm drainage system of the developed area where such discharge would adversely affect receiving streams and/or storm systems.  The developer shall be responsible for establishing short and long term maintenance of detention structure(s) and appurtenances.

b.      The following information, as a minimum, shall be submitted for detention structures:

        i.      Inflow and outflow hydrographs for detention area.

               ii.     Maximum storage volume.

               iii.    Design of emergency spillway or other measures for the release of excess flows beyond that of the design capacity of the structure.

               iv.     Flood routing of all runoff greater than the design capacity of the detention structure.

               v.      Time which is required for the structure to drain completely.

               vi.     Outlet structure detail.

               vii.    Materials used in construction of the structure.

               viii.   Methods used in construction of the structure.

               ix.     Methods employed to avoid clogging or the discharge outlet.

               x.      Safety features

               xi.     Proposed landscaping and vegetative measures used to stabilize slopes and bottom surfaces.

c.      Storm Return Frequency

        Detention basins shall be designed and stormwaters regulated for storm return frequencies       of 2, 10, 25, 50, and 100 years.

d.      Design Procedure

        The procedure for computing the outflow from the detention areas shall consist of the development of an inflow hydrograph and the routing of the inflow through the detention   basin to develop an outflow hydrograph.

e.      Inflow Hydrograph

        The inflow hydrograph may be developed by appropriate Soil Conservation Service or other acceptable methods.  Routing through the detention basin shall be by application of the standard storage equation.

f.      Detention Structure Design

        Types and requirements for the detention structure design shall be appropriate for the site and be in general accordance with the SCA Field Engineering Handbook, Connecticut DOT Drainage Manual, or the CT Guidelines for Erosion and Sedimentation Control.  All designs shall be approved by the Town.

g.      Maintenance Roads

        Maintenance roads and easements shall be provided for all detention facilities.  The road       shall be a minimum of twelve (12') feet wide, capable of providing access for maintenance and emergency vehicles.  Grades shall not exceed ten (10%) percent.

h.      Fire Protection

        Where proposed detention basins involve permanently ponded water and where deemed practical by the Town, access to storm detention basins should be provided for fire fighting equipment.  The addition of dry hydrants and related fire fighting appurtenances within the detention basins shall be coordinated with the Fire Marshal.

i.      Fencing

        Safety fencing shall be provided as prescribed by the Commission

B.6 - Easements and Rights-To-Drain

a.      General

        All applications proposing easements as a part of the development shall submit properly executed written easements and deeds describing the land involved and privileges of the Town and/or property owners(s) in a form eliminating any Town liability for installation and maintenance, satisfactory to the Town.  Said easements shall be submitted to the Town prior to final approval.

b.      Easements Dedicated to the Town

        Drainage easements for drainage systems located outside of the street right-of-way lines        shall be a minimum of twenty (20') feet wide centered on the pipe and shall be adequate to provide access and maintenance to all drainage features.  Easements shall be provided for    channels and shall be of minimum width to include a ten (10') foot access strip in addition to the width of the channel from top of bank to top of bank.

c.      Easements Not Dedicated to the Town.

        The location and size of these easements shall be established in the same manner as easements for establishing short and long term maintenance for the drainage system within said easements. The Town shall be granted the right to enter such easements to maintain, repair, and/or modify the installations.

d.      Rights-To-Drain

        Where downstream drainage features are not adequate to handle the increase in flows, the applicant shall secure drainage rights from the affected property owners, in writing.  Such rights shall be noted on the final plans and shall be secured prior to final approval. Rights-to-Drain shall include the right for the Town to enter and maintain existing and proposed facilities if the drainage system is to be owned by the Town and shall be in a form satisfactory to the Town.

e.       State Highway Department (DOT) Permit

        Where a proposed storm drainage system connects with a State Highway for its    appurtenances, the developer shall obtain a permit for the connection from the Connecticut Department of Transportation and shall present a copy of said permit to the Town prior to final approval.

28.1.C - Architecture

The design of the building/s shall be demonstrated to have been chosen with substantial care being applied with regard to various architectural elements, relative to the size, shape, material and textural aspects of the buildings being presented for approval. Building services and mechanicals such as fuel tanks, air handling units, ventilation devices and the like shall be concealed from view as much as is possible. Surrounding properties must be taken into account and designs presented must be compatible with and not detract or have a negative impact on neighboring and/or adjacent properties.

28.1.D - Landscaping

Landscaping; grading, vegetation (existing and proposed), retaining walls, walkways, patios, buffers, fences, siting of the building/s and like elements shall be incorporated into designs presented for approval. The cohesiveness of this design shall be considered critical to the success of the proposal. The goals of such landscaping shall include the enhancement of architectural features, providing a desirable transition from the streetscape, the preservation of desirable natural features of the site, providing effective separation between properties, providing shade, stabilization of the soils, and providing an attractive visual appearance.

The following standards shall be considered in the design of all site plans presented for approval.

1.      Preference shall be given to the utilization of plant species indigenous to the area. Major, existing trees shall be utilized to the greatest extent possible. The use of exotics shall not be encouraged except for areas designed to provide specific visual interest.

2.      Trees shall be used when possible and shall meet the following standards:

        Deciduous trees shall be a minimum of two (2") inch caliper when spaced twenty (20') feet or less apart and shall be a minimum of 3.5 inches when more than twenty (20') feet separate such trees from other plantings.

        Evergreen trees shall be a minimum of five (5') feet in height (this requirement shall not apply to evergreen shrubs or groundcovers.

        Flowering, decorative trees shall be a minimum of thirty-six (36") inches in height.

        All trees shall be installed with proper care and structural support and existing trees must    be provided with adequate protection during construction.

3.      Shrubs and groundcovers shall be utilized to provide soil stabilization and effective visual and physical separations between buildings, walks, drives and parking areas. The 'live' screening of mechanicals, foundations, and building elements is encouraged.

4.      Retaining walls shall not exceed six (6') feet in height, unless expressly permitted by the Commission, and if visible from the street or neighboring properties, shall be of materials having a pleasing textural appearance. The use of natural materials shall be encouraged. All retaining walls must be of a design proven capable of withstanding all forces imposed thereon.

5.      Planting beds shall be protected from vehicular or pedestrian traffic through the use of curbing, walks or planters.

6.      Buffers, fences and berms shall be utilized alone or in combination to achieve the desired results of visual screening, property delineation, sound attenuation and the like. Visual screening as required by this or other sections of these Regulations, shall utilize evergreen trees not less than five (5') feet in height.  Existing buffering shall be considered by the Commission where appropriate.

7.      A maintenance bond, as further described in this section, shall be retained for a period of one year after final approval and certification of zoning compliance is granted, for the purpose of ensuring viability of all plantings.

28.1.E - Site Access and Parking

All site plans presented for approval shall demonstrate substantial sensitivity to the issues of site access and parking location and design. The design shall be such that minimal impact to the streetscape results.

Curb cuts shall be kept to the minimum number possible, while maintaining adequate circulation and vehicular, pedestrian and fire safety. Shared access of neighboring properties through the use of easements and common drives is encouraged.

Parking areas shall be set back from public streets as much as possible and shall be reasonably screened from public view through the use of landscaping.
Parking areas shall be provided with landscaping in an amount not less than ten (10%) percent of the required pervious surface requirement for the zone.

Internal drives and parking areas shall be clearly delineated and provided with adequate directional elements to ensure proper vehicular use of the site.

The paving of drives and parking areas shall consist of three (3") inches of bituminous concrete, properly compacted.  Design utilizing surface treatment other than bituminous concrete shall satisfy the Commission that such alternate will provide adequate service to the use/s proposed.

Slopes, curves and the general configuration of drives, parking areas and pedestrian ways shall be shown to promote safety and convenience.

Loading areas shall be clearly defined and shall be configured to provide minimal disturbance to vehicular and pedestrian traffic.

28.1.F - Signage and Site Lighting

All site plans presented for approval shall contain fully detailed plans showing all signage and site lighting.

In addition to the requirements of Section 22, regarding maximum number and size of signs, the following standards shall be met.

Signs shall be of a consistent, unified design type with regard to shape, materials and location on building.

Directional signs shall be as unobtrusive as possible and shall be so placed as to give maximum benefit.

Site lighting shall be utilized to illuminate the site as unobtrusively as possible.  All lighting shall be directionally oriented and effectively shielded to avoid glare and off site light pollution.

Standard on-site lighting shall be no greater than seventeen feet (17') in height from foot of base to top of fixture.

28.1.G - Utilities

All available utilities shall be supplied to the site at the time of construction.  The Commission reserves the right to require placement, or provisions to allow placement of utilities presently unavailable, but likely to be available at a later date.  Such utilities shall include, but not be limited to sewer, water, gas, CATV and the like.  All utilities shall be placed underground unless specifically and expressly permitted by the Commission. Dumpsters and all on-site refuse containers shall be enclosed and screened as much as practicable from view.

28.2 - Minimum Requirements for Submission for Site Plan Approval

The following information and materials shall be presented prior to review and approval of all site plans.

A.       An application, in a form supplied by the Commission, accompanied by the application fee as prescribed thereon.

B.      Plans describing the proposed work in full detail, including all of the following, as   applicable. (Unless specifically requested by the Commission or its staff, all plans shall be at a scale of 1" equals 40', and shall be prepared and certified by a State of Connecticut        licensed Land Surveyor and shall meet or exceed the accuracy standards for a "Class A-2 Transit Survey".)

        1.      General: (revised – effective Aug 9, 2003)

                a.      The name and address of the applicant, owner of record, name of the proposed development and all abutting and adjacent property owners.

               b.      Name, address and professional seal of the individual(s) responsible for the preparation of the site plan or any of its parts or components (Surveyor, engineer, soils scientists etc.).

                c.      Title & address of project.

               d.      Zoning data, including zone, minimum parking, maximum lot coverage %, lot dimensions, minimum lot size, etc.

               e.      A location map, 1" equals 1000', showing site in relation to existing Town      roads, complete legend, title block and coversheet at a scale of 1”=100’, where applicable.

                f.      Date, including all revisions, north arrow (magnetic or true grid), scale and   sheet numbers.  

                g.      Approval blocks as necessary, for example Inland Wetlands, Zoning                               Board of Appeals and Planning and Zoning Commission on all pages.

                h.      Base flood elevation data, flood zone and flood plain where applicable.

        2.      Plan detail requirements (revised – effective Aug. 9, 2003):

               a.      Location, dimensions, total area, and general topography of the site.

               b.      Site layout – existing and proposed, also show areas of clearing.

                       1.      contours, every 2ft (for each lot), note basis on how contours are drawn
                       2.      trees and shrubs
                       3.      special site features, i.e., water courses, wetlands, wooded areas, rock outcrops, stone walls and all trees in excess of twenty-four inches (24") DBH (diameter at breast height) and other significant physical features, natural or man made)
                       4.      location and capacity of utilities
                       5.      existing use or uses, buildings and structures
                       6.      driveways and parking areas, % slopes
                        7.     all slopes in excess of twenty-five (25%) percent shall be shown  (Slopes shall be expressed at one hundred (100') foot intervals)
                        8.      footing and curtain drains
                        9.      location of iron pins & monuments

               c.      Site layout - proposed

                       1.      contours, every 2 ft (for each lot)
                       2.      land, building and structure uses, whether residential or non-                                  residential and land area assigned to each type of use
                       3.      percent land coverage by use --residential, non-residential,                                    parking, open space, other (specify)
                       4.      percent land coverage for all buildings and structures and by type                              of buildings and        structures and by type of building or structure
                       5.      relationship between land uses and between land and buildings
                       6.      provision for erosion and sedimentation in accordance with
                               Section 27 & Section Erosion and Sediment Control Guidelines                            (2002) as may be revised
                        7.      footing and curtain drains
                        8.      location of iron pins & Monuments
                        9.      driveways % & parking areas and % of slopes

               d.      Pedestrian and vehicular circulation and flow

                       1.      location and design of public and private streets, and common drives
                       2.      location and design of public and private pedestrian walkways, sidewalks, malls and paths
                       3.      existing and anticipated traffic flow

               e.      Off -street parking

                       1.      location of off-street parking areas and/or facilities
                       2.      location, dimensions and number of off-street parking spaces
                       3.      location and dimension of off-street parking spaces
                       4.      location and dimensions of parking barriers, bumper guards,                                     wheel stops and the like
                       5.      pavement type and drainage

               f.      Open Space

                        Location and amount of area by type--parks, lawn areas, landscaping, buffer areas, recreation facilities and the like.

                g.      Landscaping

                       1.      location, type, number and minimum size of trees and/or shrubs and other plants, with designations whether to be retained as existing or to be new plantings
                       2.      treatment of seeding, sodding and water elements
                        3.     pavement types, for vehicular and pedestrian movement, and recreation areas
                       4.      type, height and density of any proposed screening or fencing
                       5.      provisions for year-round maintenance of landscaping

                h.      Identify and show if property is within an aquifer protection area, Lake Pocotopaug watershed or Salmon River protection area.
                
                i.      Map, block, lot and zone of parcel
                
                j.      Utilities and Services

                       1.      utilities proposed -- water, sewage disposal, electricity, gas,                                         drainage and lighting & all pertinent data
                       2.      capacity of proposed utilities and amount of additional flow                                    produced for existing systems or water courses utilized
                       3.      location of piping, wiring, conduits, catch basins and the like if within an area not presently served, but within a water utility plan, the adaptability of the utility system to municipal services when provided
                       4.      provisions for garbage collection and removal and for snow                                      removal.
                        5.      note utility poles & numbers
                        6.      all utilities within 200ft of the parcel

               k.      Building(s) and/or Structures(s)

                       1.      dimensions and gross square foot area by type of non-residential                                use, entrances and exits
                       2.      general architectural design and appearance
                       3.      relationship between and massing of buildings or structures
                       4.      type and colors of building materials, exterior facade and
                               facing, and fire retardant characteristics
                       5.      special architectural features
                       6.      Signs
                        7.      elevations
                               a.      location, height, size, and dimensions for all signs, for
                                b.      design, color(s), lettering, lighting, intensity appearance of                                  all signs

               l.      Any existing and/or proposed covenants, easements, or other provisions relating to the development and maintenance of the proposal, public facilities and the like, necessary for the welfare and maintenance of the development and the best interests of the Town.

               m.      Future division of the property among landowners, either by building or                         other reasonable separations.

               n.      Schedule of construction, including any staging plan, for buildings,                            structures, parking, open space, landscaping, community, facilities and                         the like.

               o.      Review and approvals of any other official, agency, or department.

28.3 - Applicants Responsibilities

All applicants and authorized agents shall be responsible for timely submission of all pertinent data, plans, notification of abutting property owners, and referral of proposal to Town agencies and boards.  The Town of East Hampton shall be responsible for notification of adjacent municipalities, regional planning agencies and other statutorily required notification.  The applicant is also responsible for employing whatever means necessary to understand these and all applicable regulations and statutes that may apply to the proposal.

Section 28.4 - Performance, Landscape, Erosion and Sediment Control and
Maintenance Bonds Required

The completion of all site improvements proposed shall be assured by the following provisions:

A.      Performance Bonding

        Items considered for performance bonding shall be all site improvements, excluding landscaping, erosion control measures, and the actual construction of principal buildings, and shall include, but not be limited to the installation of all roads, drives, utilities, drainage measures, recreation areas and buildings, substantial grading, such as cuts and fills, retaining walls, walks, and all other site improvements.

B.      Landscape Bonding

        All vegetative measures and installations proposed on the approved plan, including some provision for the protection and/or replacement of existing vegetation utilized by the proposal, shall be bonded as described in the provisions of this Section.

C.     Erosion Control Bonding

        All measures specifically provided for the purposed of erosion and sediment control shall       be assured by the deposit of cash or the issuance of an irrevocable letter of credit.  Surety bonds shall not be accepted for erosion control measures.

Section 28.4.1 - Types of Bonds Accepted

Performance and landscape bonds shall be accepted in cash, irrevocable letter of credit, or surety bond.  All forms of surety, except cash, shall expire not less than one (1) year after issuance.  The Commission and/or its staff shall reserve the right to refuse bonding forms proposed, if found to be inappropriate.


Section 28.4.2 - Bond Amounts

The applicant shall provide bonding in the amount of the total cost of all improvements covered, including all inflation factors.  These totals are subject to mandatory review and approval by professional staff.

Section 28.4.3 - Developer's Agreement

All forms of surety required by this Section shall be subject to a Developer's
Agreement that shall include the conditions of default and all other relevant provisions required to assure the proper completion and operation of the proposal.  Model agreements shall be made available from the Planning, Zoning and Building Department.

Section 28.4.4 - Release of Bonds

Upon inspection, and/or issuance of a Certificate of Zoning Compliance, the applicant may, upon written request, seek release of the bond(s).  The Commission shall accept, reject or modify such request as deemed necessary.  No bonds shall be released until provisions for a maintenance bonding is in place.

Section 28.4.5 - Maintenance Bonds

All work shall be covered for a period of at least one year, and not in excess of three (3) years, by a bond in the amount of at least ten (10%) percent of the original bond.

28.5 - Commission Meeting, Hearings and Decisions

The Commission shall review site plans and shall hold meetings consistent with the requirements of Sections 124 and 126 of Connecticut General Statutes, as applicable.  The Commission reserves the right to hold Public Hearings on any site plan or amendment thereto, as presented. The Commission shall not be required to hear applications for site plan approval previously denied by the Commission, for a period of six (6) months from the date of such denial.

28.6 - Amendments

The applicant may submit and the Commission may approve amendments to a recorded, approved site plan.

28.7 - Filing of the Approved Plan and Pertinent Documents on the Land Records

All site Development Plans and pertinent documents upon approval by the Commission or Board and after execution of bonds described herein before, shall be filed or recorded by the developer and at his expense, in the Office of the Town Clerk and any plan not so filed or recorded within ninety (90) days following its approval by the Commission shall become null and void.  No such Site Development Plan and pertinent documents may be recorded or filed by the
Town Clerk until its approval has been endorsed thereon, and a surety bond executed, and the filing or recording of a Site Development Plan and pertinent documents without such approval and bond shall be void.  Upon completion of the project, and prior to issuance of Zoning Compliance Certificate, the applicant shall submit "As Built" drawings and upon issuance of Zoning Compliance shall file "As-Builts" on the land records prior to bond release.

28.7 - Amendments

The applicant may submit, and the Commission may approve, minor amendments to an approved Site Plan.

28.8 – Additional Requirements and Independent Reviews

If the Site Development Plan involves any activity that may have a significant impact on public health, safety or welfare, including by not limited to pollution of traffic or environmental concerns, the applicant shall be required to submit additional information addressing the impact.  If the Commission deems that peer review of that information or other information voluntarily submitted by the applicant is warranted, or if the Commission deems that independent testing or review is warranted, that applicant will be required to pay the cost of that peer review or independent testing.
(revised – effective date Aug 9, 2003)



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