The following Regulations shall apply to the submission and approval of site plans for the establishment of certain uses of land, buildings, and other structures as specified in SCHEDULE A.

The site plan, submitted to the Zoning Enforcement Officer with an Application for a Certificate of Zoning Compliance, shall be accompanied by the following:

31.2.1 Statement of Use: A written statement describing the proposed use in sufficient detail to determine compliance with the permitted use provisions of SECTION 23 and the performance standards of SECTION 43: Four (4) copies shall be submitted.

31.2.2 Site Plan: A site plan, drawn to a scale of not less than 100 feet to the inch, showing existing and proposed contours, property lines, buildings, structures, signs, outdoor illumination, streets, driveways, off-street parking and loading spaces, outside storage areas, water courses, storm drainage, sewage disposal facilities, and landscaping (including trees and/or shrubs, lawn, other landscaped areas and natural terrain not to be disturbed); four (4) copies shall be submitted.

31.2.3 Architectural Plans: Preliminary architectural plans of all proposed buildings, structures and signs, including general exterior elevations, perspective drawings and generalized floor plans and including drawings for proposed signs: four (4) copies shall be submitted.

31.2.4 Other: The Planning and Zoning Commission may request the submission of such additional information that it deems necessary in order to act on the site plan.

Upon receipt, the Zoning Enforcement Officer shall transmit copies of the site plan submission and the Application for a Certificate of Zoning Compliance to the Planning and Zoning Commission. Within 65 days after receipt of copies of a complete site plan submission and the Application by the Planning and Zoning Commission, it shall either approve, approve subject to modifications or disapprove the site plan. The applicant may consent in writing to any extension of the time for action. The grounds for approval, approval subject to modifications or disapproval of a site plan shall be stated by the Planning and Zoning Commission in its records and a copy thereof shall be transmitted to the Zoning Enforcement Officer. Failure of such Commission so to act within the 65 day period shall be considered as an approval, and a certificate to that effect shall be issued upon written demand by the applicant received by such Commission within 30 days after expiration of the 65 day period for action. Such failure, however, shall not relieve the applicant from required conformance to all of the applicable provisions of these Regulations, other than submission and approval of a site plan.

The application shall be approved if it conforms to the following standards:

31.4.1 General The proposed use, buildings and other structures, including outside storage areas, site development and landscaping and off-street parking and loading shall conform to all of the requirements of these Regulations.

31.4.2 Access: Provisions shall be made for vehicular access to the lot in such a manner as to avoid undue hazards to traffic and undue traffic congestion on any public highway.

31.4.3 Neighborhood: The site plan and architectural plans shall be of a character as to harmonize with the neighborhood, to accomplish a transition in character values and to preserve and enhance the appearance and beauty of the community.

31.4.4 Flood Protection: Applications for development proposals within areas of special flood hazard shall be reviewed for proposed location and design consistent with the need to minimize flood damage within the flood-prone areas and shall conform to all of the standards and provisions of the Flood Damage Prevention Ordinance of the City of Shelton or such legal variance as may be approved thereunder.

Site plans for single family dwellings not on individual lots and for dwellings containing two (2) or more dwelling units in Planned Residence Districts shall conform to the following additional standards:

31.5.1 Dwellings: Each dwelling shall contain not more than eight dwelling units. The shortest distance between any two (2) dwellings shall be less than the height of the taller dwelling, but in any case not less tan 25 feet. The Commission may modify this separation requirement if the design of the residential development is benefitted by closer spacing.

31.5.2 Utilities: Unless otherwise approved by the Commission, all utilities in the residential development shall be located underground. Each such dwelling and all dwelling units shall be served by public water supply and dwellings containing two or more dwelling units shall be served by the public sanitary sewer system.

31.5.3 Buffer Area: Adjacent to each property line of such residential development other than a street line, there shall be provided a greenbelt having a minimum width of 20 feet, planted with trees and shrubs of appropriate species at least 50% of which shall be evergreens. Any new plantings shall have a minimum height of five (5) feet. Suitable existing trees and shrubs may be preserved and/or supplemented by new plantings to form the required greenbelt. No building or other structure shall extend within less than 50 feet of any street line or other property line.

31.5.4 Outdoor Living Space: Each dwelling unit shall be provided with a private, exclusive outdoor living space of at least 150 square feet, in the form of a patio, deck, terrace, balcony, open air or screened-in porch.

31.5.5 Recreation: Designated recreation areas for the use of all residents shall be provided at the ratio of 200 square feet per dwelling unit. Said areas shall be suitably prepared, protected and equipped with appropriate facilities such as tennis courts, shuffleboard, paddle tennis and/or swimming facilities, subject to the approval of the Commission.

31.5.6 Parking Two (2) off-street parking spaces shall be provided for each dwelling unit, with a least 50 per cent of said spaces located within enclosed garages. All spaces shall be located within 200 feet of the intended users. Additional visitor parking shall be provided at appropriate locations at the ratio of one (1) space for each three dwelling units. No surface parking area shall extend within less than 15 feet of any building or property line.

31.5.7 Landscaping: The entire area of the lot not used for buildings, driveways, and parking areas shall be suitably landscaped with lawn and with trees and/or shrubs or shall be left as undisturbed natural terrain. Parking areas shall contain evenly distributed landscaped areas protected by solid curbing every (6th) space in a row of parking spaces. Fences, walls, earth berms and/or closely planted evergreens, trees, hedges or shrubs shall be used to screen parking areas to a height of four (4) feet, from streets, adjoining properties, recreation areas or maintenance areas as required.

31.5.8 Bond The applicant shall, as a condition of approval post a performance bond with surety satisfactory to the Planning and Zoning Commission and in amount sufficient, as approved by the Planning and Zoning Commission to insure completion of streets driveways, parking areas, sidewalks, drainage, sewer systems, landscaping and other essential site improvements in accordance with the application as approved.

Site plans for professional office use of existing residential structures in the R-3, R-4 and R-5 Districts shall conform to the following additional standards:

31.6.1 Definition For purposes of this section, a professional office is an office maintained by a physician, surgeon or other practitioner of the healing arts, a dentist, podiatrist, lawyer, clergyman, professional engineer or land surveyor, landscape architect, artist, teacher or musician, and shall include such other persons as may be engaged in support of the office in a non-professional capacity.

31.6.2 Location The structure in which the professional office is located shall be on a lot which has frontage on one of the following thoroughfares of the City of Shelton:

Coram Avenue between Hillside Avenue and Shelton Avenue

31.6.3 Utilities Each structure in which the professional office is located must be connected to the City sanitary sewer system.

31.6.4 Parking: There shall be not less than one (1) off-street parking space for each 300 square feet of floor area of the structure, and located on a lot not more than 300 feet in a direct line from the building. The Commission may, at its own discretion, accept a certain number of "stacked" or "doubled-up" parking spaces when on-site space is limited and frequent parking turn-over is not required. The Commission reserves the right to request such additional spaces as it deems necessary to satisfy the needs of the office tenants and clients.

31.6.5 Architectural Compatibility: Any exterior alterations, permitted signs, changes and additions to existing residential structures for professional office use shall retain a basic residential design and scale and shall be architecturally compatible with the surrounding neighborhood.

31.6.6 Other: The Commission may impose such other controls and restrictions as it deems necessary to protect adjacent properties and assure compatibility with the surrounding residential neighborhood.

On any lot, there shall be no excavation, grading or removal of topsoil, clay, sand, gravel, rock or other natural material, or the slashing of trees, or filling of land by blasting or by use of power assisted machinery or equipment, except as authorized under Paragraph 32.2 or as authorized under an Application for a Temporary Special Exception approved by the Planning & Zoning Commission under the provisions of this SECTION. Any person, firm or corporation who shall violate any provision of this SECTION shall be subject to penalties in accordance with the General Statutes of the State of Connecticut.

The provision of this SECTION and the requirement to obtain approval of an Application for a Temporary Special Exception shall not apply to the following cases, when such excavation, grading or removal or slashing of trees is conducted and completed in such manner as to cause no danger to the public health or safety, including stagnant water, soil erosion, water pollution or excessive drainage runoff:

32.2.1 necessary excavation, grading or removal, in direct connection with the lawful construction, on the lot, of buildings, foundations, roads, driveways, storm drainage, utility services, fences, walls, swimming pools, or other bona fide construction project and for which any required Application for a Certificate of Zoning Compliance has been approved;

32.2.2 necessary excavation, grading or removal in connection with improvements on the lot solely for farming or landscaping purposes, such as the construction of ponds, draining of wet land, improvement of water courses, burying of stones or refuse, regrading of difficult contours and the excavation of earth for use on the lot and not for sale;

32.2.3 necessary excavation, grading or removal in connection with the construction of improvements and the changing of contours in an approved subdivision in accordance with construction Plans and contour plans approved by the Planning & Zoning Commission under the Subdivision Regulations of the City of Shelton, provided that on any lot no material is excavated or removed to an elevation less than two (2) feet above the centerline grade of the street on which the lot has frontage, which elevation is to be measured at the required setback line from the street; and

32.2.4 provided that the excavation, grading or removal authorized under Paragraphs

32.2.1 and 32.2.2 shall be deemed to permit the excavation, grading or removal of only the quantity of material which is necessary to make the lot more suitable for the proposed use, and provided further that excavation, grading or removal authorized under Paragraphs 32.2.1 and 32.2.2 in connection with a project for which an Application for a Certificate of Zoning Compliance has been approved shall be contingent upon completion of such project within two (2) years after commencement, and in the event of failure to complete such project, as evidenced by failure to obtain a Certificate of Zoning Compliance for such project, that such excavation, grading or removal shall be deemed a violation of these Regulations unless an Application for a Temporary Special Exception for the excavation, grading or removal has been approved by the Commission in accordance with this SECTION.

Application for a Temporary Special Exception under this SECTION shall be submitted in writing to the Planning and Zoning Commission together with an application fee in an amount determined by the Commission and set forth in the Schedule of Fees included in the Appendix hereto, payable to the City of Shelton. The application shall be accompanied by maps and plans, prepared by and bearing the seal of a land surveyor or engineer licensed as such by the State Board of Registration for Professional Engineers and Land Surveyors of the State of Connecticut, showing the following:

32.3.1 the location and exterior limits of the area to be excavated or graded, property lines and streets adjoining the lot and the names of owners of property adjoining the lot;

32.3.2 existing contour lines on the lot to be excavated or graded, drawn to a scale of 1" = 40' and with a contour interval not exceeding two (2) feet;

32.3.3 proposed contour lines within the area to be excavated or graded, drawn to a scale of 1" = 40' and with a contour interval not exceeding two (2) feet;

32.3.4 existing and proposed drainage on the lot and existing rivers, streams, water courses, ponds and swamps on or within 200 feet of the lot;

32.3.5 proposed vehicular access to the lot and any proposed work roadways:

32.3.6 the location on the lot of any wooded areas, rock outcrops and existing and proposed buildings and structures; and

32.3.7 an estimate of the number of cubic yards of material to be excavated, graded or removed.

Within 60 days after receipt of a complete Temporary Special Exception Application, the Planning and Zoning Commission shall hold a public hearing of the Application. Within 65 days after the public hearing, the Planning and Zoning Commission shall approve the Application, approve it subject to modifications, or disapprove the Application. The Applicant may consent in writing to any extension of the time for action on the Application. The Planning and Zoning Commission may request the applicant to submit additional information. Notice of a public hearing shall be published in a newspaper having a substantial circulation in the City at least twice, at intervals of not less than two (2) days, the first not more than 15 days nor less than 10 days, and the last not less than two (2) days before such hearing. The grounds for disapproval of an Application shall be stated by the Commission in it's records. Failure to submit additional information requested by the Commission shall be grounds for disapproval of the Application.

The excavation, grading or removal, authorized under this SECTION, shall conform to the following standards and conditions, and before approving a Temporary Special Exception the Planning and Zoning Commission shall find that the following standards and conditions will be met:

32.5.1 The excavation, grading or removal shall be earned out in accordance with the maps and plans as approved by the Planning and Zoning Commission and within the exterior limits shown thereon;

32.5.2 The excavation, grading or removal shall not result in sharp declivities, pits or depressions, soil erosion, drainage or sewerage problems or conditions which would impair the reasonable reuse and development of the lot for purposes permitted under these Regulations as a matter of fight in the District where the lot is located;

32.5.3 At all stages of the work, proper drainage shall be provided to avoid stagnant water, soil erosion problems, excessive runoff, silting of streams and damage to public property, streets or drainage facilities;

32.5.4 Truck access to the lot and the work area shall be so arranged as to minimize traffic hazards on streets and to avoid nuisance to residents of the neighborhood;

32.5.5 If required by the Planning and Zoning Commission, that the area to be excavated or a portion thereof, shall be enclosed within a fence of such type, height and location as the Planning and Zoning Commission may specify;

32.5.6 No excavation, grading or removal which is below the elevation of any abutting street or property line shall occur within 50 feet of such line, except that excavation, grading or removal below the elevation of an abutting property line may be permitted if written approval from the adjoining owner is received by the Commission;

32.5.7 No processing machinery shall be erected or maintained on the lot;

32.5.8 The work shall be limited to the hours and days of the week that may be specified by the Commission;

32.5.9 Proper measures shall be taken to minimize nuisance from noise, dust, vibration and flying debris;

32.5.10 Upon completion of the work authorized, the area of excavated or otherwise disturbed ground shall be prepared or restored as follows:

a. Such area shall be evenly graded to slopes not exceeding one (1) foot of rise for two (2) feet of horizontal distance or to such lesser slope necessary for soil stability, safety and reasonable reuse and development of the lot; in addition, the area shall be evenly graded with sufficient slopes to assure adequate drainage of the area, so that stagnant pools of water will be avoided;

b. Adequate drainageways of gradual slope shall be provided to assure drainage;

c. There shall be no excavation, grading or removal below an elevation of three (3) feet above any ledge;

d. All debris and all loose boulders shall be buried or removed from the lot;

e. The top layer of any arable topsoil, to a depth of six (6) inches, shall be retained on the lot and replaced over the entire area with any large stones removed, and the area shall then be, seeded with a perennial grass and maintained until the ground shall be completely stabilized with a dense cover of grass and there exists no danger of erosion, but this provision shall not apply to the area of ponds nor to exposed areas of ledge existing prior to the work.

32.5.11 The applicant shall obtain and maintain liability insurance with a limit of not less than $300,000 as to personal injury and $100,000 as to property damage and shall furnish a certificate of insurance to the Commission, and in the event of cancellation of such insurance, the Temporary Special Exception Application shall terminate;

32.5.12 The applicant shall file with the Planning and Zoning Commission a cash, savings account or surety bond, in form and with surety acceptable to the City, and in an amount recommended by the Street Commissioner and/or City Engineer and approved by the Planning and Zoning Commission to ensure the faithful performance of the work in accordance with the provisions of this SECTION.

32.5.13 The Commission and Zoning Enforcement Officer, or their authorized agents, shall at all times have reasonable access to the lot for the purpose of inspection and determination of compliance with this SECTION. The Commission may require the applicant to submit periodic reports, prepared by and bearing the sea] of a land surveyor or engineer, showing the status and progress of the work.

Each Application for a Temporary Special Exception granted under this SECTION shall be valid for a period of two (2) years or for such shorter period requested by the applicant or fixed by the Commission. Upon application made at least 14 days before the expiration of a Temporary Special Exception Application, the Commission may extend the time period for periods of not more than one (1) year, provided that there exists no violation of the terms of the current Temporary Special Exception Application.

At the time of issuance of a Certificate of Zoning Compliance authorized by a Temporary Special Exception Application approved under this SECTION, the applicant shall pay to the City of Shelton an inspection fee in an amount determined by the Commission and set forth in the Schedule of Fees included in the Appendix hereto, for each 1,000 cubic yards of material, or fraction thereof, to be excavated, graded or removed.

Any existing operation, involving the excavation or grading, or removal from any lot, of any earth, loam, topsoil, sand, gravel, clay or stone and authorized by a permit issued under the Zoning Regulations, in effect previous to these Regulations, may continue for the term of such permit and subject to all of the requirements of such permit, but upon expiration of such pen-nit the existing operation shall cease unless an Application for Temporary Special Exception therefore is approved under this SECTION.

Upon completion of the excavation, grading or removal in accordance with the terms of an approved Application and after any area of the lot required to be seeded has grown in a second growing season a dense cover of grass as required -under this SECTION, the applicant may apply to the Mayor for return of the bond filed as provided in this SECTION. The bond may be released by the Mayor only after the Planning and Zoning Commission, Street Commissioner and City Engineer have certified in writing that all of the requirements of this SECTION have been met.

The Planning and Zoning Commission may waive or modify the required application fee and requirement of 32.3, the procedure set forth in Paragraph 32.4, the bond requirements of Paragraph 32.5.12 and the inspection fee required in Paragraph 32.7 in connection with the excavation or grading, or removal from any lot of any earth, loam, topsoil, sand, gravel, clay, or stone when the excavation, grading or removal on such lot is conducted solely by or on behalf of the City of Shelton for the municipal purposes of the City. The excavation, grading or removal, however, shall meet all of the standards and conditions of Paragraphs 32.5.1 through 32.5.10.

In accordance with the procedures, standards and conditions hereinafter specified, the Planning and Zoning Commission may grant special exceptions for the establishment of one or more of uses for which a special exception must be secured from the Commission as specified in "SCHEDULE A - PERMITTED USES". All requirements of this SECTION are in addition to other requirements applicable in the District in which the special exception use is to be located.

33.1.1 Additional Applicability Thresholds: In addition to the Special Exception uses as specified in Schedule A - Permitted Uses, a Special Exception Approval is also required for any use or development meeting any of the following thresholds or having any of the following characteristics:

a. Any new proposal, expansion or change of use requiring more than 40 parking spaces; or

b. Any building construction and/or expansion where the aggregate floor area of existing and proposed structures on a site exceeds 20,000 square feet; or

c. Any proposal for which a drive-thru or drive-up window is proposed; or

d. Any proposal that may be deemed a high-traffic-activity generator as defined in Section 5 Definitions; or

e. Any expansion or change of use encompassing a floor area of more than 2,000 square feet on a site on which a Special Exception already exists or has been previously approved.

Note: Change of use shall mean a change from one particular use line of Schedule A - Permitted Uses to a different use line. the provisions of this paragraph may not be varied by the Zoning Board of Appeals.