A. Application requirements. See
§ 470-901A for detailed information.
B. Proceedings.
(1) The date of receipt for a site plan application shall be determined in accordance with §
470-909B.
(2) An incomplete site plan application may be denied in accordance with §
470-909C.
(3) For new construction or other activity considered to be significant in the sole judgment of the Commission, the Commission may hold a public hearing on the application; and require that the applicant provide notice in accordance with §
470-901C(1).
(4) Whenever a site plan is required in conjunction with another application requiring a public hearing (such as a special permit application, design district, or a zone map change application), the time period for acting on the site plan application shall coincide with the time period specified in §
470-902B or
470-904B.
(5) Whenever approval of a site plan is the only approval required, a decision on the application shall be rendered within 65 days after the date of receipt of such site plan application, except that the applicant may consent to one or more extensions of such period provided the total period of any such extension or extensions shall not exceed 65 days, pursuant to C.G.S. § 8-3(g).
(6) If an application involves an activity regulated pursuant to C.G.S. § 22a-36 to 22a-45, inclusive and the time for a decision by the Commission would elapse prior to the 35th day after a decision by the Inland Wetlands and Watercourses Agency, the time period for a decision shall be extended to 35 days after the decision of such agency [per C.G.S. § 8-7d(e)].
(7) The applicant may withdraw an application at any time prior to action by the Commission. The withdrawal of an application shall not be effective unless made, in writing, prior to action by the Commission.
C. Notice requirements.
(1) For new construction or other activity considered to be significant in the sole judgment of the Commission, the Commission may hold a public hearing on the application; and require that the applicant:
(a) Give notice to owners of abutting lots in accordance with the requirements of §
470-909G of these regulations, and/or
(b) Post a sign in accordance with the requirements of §
470-909F of these regulations.
(2) Notification to adjoining municipalities may be required in accordance with the requirements of §
470-909H.
(3) Notification to water companies may be required in accordance with the requirements of §
470-909J.
(4) Notification to parties holding restrictions may be required in accordance with the requirements of §
470-909K.
D. Decision considerations.
(1) On a site plan application involving an activity regulated pursuant to C.G.S. §§ 22a-36 to 22a-45, inclusive, the Commission shall:
(a) Wait to render its decision until the Inland Wetlands and Watercourses Agency has submitted a report with its final decision; and
(b) Give due consideration to any report of the Inland Wetlands and Watercourses Agency when making its decision.
(2) On a site plan application involving notice to adjoining municipalities under § 470-909H or notice to water companies under § 470-909J, the Commission shall give due consideration to any report or testimony received.
(3) Before the Commission approves a site plan application, it shall determine that the application is in conformance with the applicable provisions of these regulations.
(4) In approving a site plan application, the Commission may require the posting of a bond to ensure compliance with conditions of approval established by the Commission.
(5) In approving a site plan application the Commission may require the applicant's professional engineer or professional land surveyor to certify to the Commission, through submission of a set of detailed "as-built" plans on Mylar that all improvements and other work are in accordance with submitted site plans.
(6) The Commission shall not deny a site plan on the basis of:
(a) A district's character, unless such character is expressly articulated in such regulations by clear and explicit physical standards for site work and structures, or
(b) The immutable characteristics, source of income or income level of any applicant or end user, other than age or disability whenever age-restricted or disability-restricted housing may be permitted.
E. Action documentation.
(1) In acting on a site plan application, the Commission may approve, approve with conditions, or deny the application.
(2) The Commission shall send, by certified mail, a copy of any decision to the applicant within 15 days after such decision is rendered.
(3) The Commission shall cause notice of the decision on site plan applications to be published in a newspaper having a substantial circulation in Canton within 15 days after such decision is rendered.
(4) In any case in which such notice is not published within the fifteen-day period after a decision has been rendered, the applicant may provide for the publication of such notice within 10 days thereafter.
F. Following approval.
(1) No building permits shall be issued nor shall any site activities associated with an approved site plan commence unless a zoning permit has been issued by the ZEO in accordance with §
470-908B.
(2) As part of any site plan approval, certifications shall be submitted to the ZEO for review in accordance with the requirements of §
470-908C(8).
(3) When approving a modification to a previously approved site development plan, the Commission may waive the requirements for certifications and as-built's required by §
470-908C(8).
G. Expiration and completion.
(1) All work in connection with an approved site plan shall be completed within the time frame established by C.G.S. § 8-3. Failure to complete all work within such period shall result in automatic expiration of the approval of such site plan unless the Commission has granted an extension of the time to complete work in connection with such site plan.
(2) The Commission may grant one or more extensions of the time to complete all or part of the work in connection with a site plan for good cause, upon written request from the applicant, provided the total extension or extensions shall not violate C.G.S. § 8-3, and upon on a determination of the adequacy of any bond.
(3) The Commission may withhold approval of any or all extensions if the applicant fails to provide adequate evidence that work is able to begin within an extended time period. Evidence includes but is not limited to the acquisition of any or all required government approvals and commitments for project financing.