Section 29.1 - Purpose
The purpose of this regulation is to provide the ability for the Commission to take into account a series of special provisions prior to the approval of a number of uses, as specified in Section 7 of these Regulations.
These are uses, that due to various factors, including but not limited to, the intensity of use, the appropriateness of the location chosen for such use, environmental concerns, the generation of significant traffic, the potential of adjacency of unlike uses, the tendency of such uses to inappropriately affect the goals of the Plan of Development, the potential of adverse reaction relative to property values, infrastructure constraints of the Town, the ability of such uses to dominate development in a given area, and the potential for significantly altering the character of the areas and/or the Town, shall make compliance with the following standards necessary prior to approval of any such uses.
Section 29.2 - Minimum Requirements
The following, in addition to all other relevant sections of these Regulations shall be complied with prior to approval
A. A site plan in compliance with Section 28 and all other relevant regulations
B. All approvals of local agencies, as required
C. Application and submittal of all fees in accordance with the requirements of the Commission and as administered by the Planning, Zoning and Building Department
D. All materials necessary to demonstrate the following:
1. The proposed use or development can be demonstrated to have a distinct benefit to the Town
2. The proposed use or development shall have no negative impacts, such as the concerns referenced in Section 29.1, on neighboring properties
3. The proposed use or development represents the "highest and best use" of the property in question
4. The proposed use or development represents the least impact reasonable to the environment upon the site and those areas likely to be affected by such use, during or after construction and/or development
5. The proposed use or development is consistent with the Plan of Development as adopted by the Commission
6. The proposed use or development significantly and specifically advances the purposes, as applicable, of these Regulations, as described in Section 1.
Section 29.3 - Documentation Required to Show Compliance With the
Requirements of This Regulation
The Commission may consider, but is not limited to input from the following agencies, in determining compliance with Section 29.2.
A. Written commentary from Town staff such as the Planning, Zoning and Building Department, the Public Works Department, the Health Department, the Walter Pollution Control Authority, the Fire Marshal, the Police Department and/or the Traffic Authority, the Town Assessor, the Economic Development Commission, the Inland Wetlands and Water Courses Agency, the Conservation Commission, the Board of Education, the Parks and Recreation Commission and the representative of any other local boards and commissions deemed relevant by the Commission.
B. Written commentary from other official departments, agencies or entities including, but not limited to, relevant Regional Planning Agencies, the Soil Conservation Service (SCS), the Cooperative Extension Service (CES), the State of Connecticut Department of Environmental Protection (DEP), Department of Transportation (DOT), Connecticut State Traffic Commission (STC), Department of Public Utilities Control (DPUC), Department of Housing (DOH), State of Connecticut Health Department and Connecticut River Assembly (CRA), etc.
C. Written commentary or studies, commissioned by and/or presented by the applicant, shall be required to include, but not be limited to, traffic, fiscal impact, environmental impact, land use and all other information deemed necessary to support application for Special Permit Approval
Section 29.4 - Commission Decisions
The Commission shall decide upon all applications for Special Permits in accordance with the provisions of this regulation and any special provisions for Special Permits, as may be found in other relevant sections of these Regulations. The Commission shall have the authority to approve, deny or to approve with conditions, all applications brought for consideration. The reasons for such action shall be clearly stated and shall be considered part of the public record of all such applications.
Section 29.5 - Public Hearing Required
All applications for Special Permit under this section shall be required to be presented at a public hearing, in accordance with the provisions of Connecticut General Statutes, Section 8-3.c., and Section 32 of these Regulations.
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