||Planning and Zoning Code- Section 55
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SECTION 55- SITE PLAN APPROVAL REQUIREMENT-
55.01- GENERAL- It shall be unlawful to construct, erect, enlarge, alter,
or rebuild any structure or significantly modify any site or change any land-use
or to apply for any required municipal permit unless such proposed development
shall have received a certificate of zoning compliance or site plan approval as
For the purpose of this Code a site plan is a drawing which shows the location of a parcel
of land in relationship to its contiguous territory in sufficient detail to locate it on
the City Zoning Map, and also meets the specifications herein set forth.
A complete application to the Planning and Zoning Commission for subdivision,
re-subdivision and special exception shall include an application, the required fee,
plans and written approval, conditional approval, or denial obtained by the applicant of the
final revised plans from the City of Middletown Departments of Health, Public Works,
Water and Sewer, Police and Fire. The Planning and Zoning Commission is not bound by any
Further, no application for special exception, subdivision or re-subdivision shall be deemed complete
without the submission of a notice of decision of an Inland Wetlands Permit as issued by
the Middletown Inland Wetlands Agency, provided such a permit shall be required under
regulations adopted by said Agency. Any plans submitted to the Commission shall conform,
in all relevant respects, to those plans which were approved, or modified and approved,
by said Agency.
(Section amended effective 3/15/02)
55.02- PURPOSE- The purpose of the site plan is: (1) to provide an opportunity
assure that the requirements of this Code, and other pertinent City regulations, ordinances,
inspections and procedures are met and; (2) where required, to provide an opportunity for
participation in any proposal by various technical personnel and to also incorporate the
value judgment of the Commission.
55.03- PROCEDURE- Proposals shall be considered in the following four categories
which are arranged in terms of increasing complexity.
Category (1) includes alterations which do not change the size of the footprint or use of a
building or structure or the site or, if served by well and septic, add additional
bedrooms. Examples include re-roofing or residing a building or interior renovations.
Proposals in this category shall be approved by the Building Inspector without an actual
site plan being presented.
Category (2) includes all single and two family detached dwellings or any addition or
accessory uses thereto which meet all Code requirements. Proposals in this category
may be issued a certificate of zoning compliance by the Zoning Enforcement officer and
need not go through the formal site plan review process. Class A-2 surveys are
required for single and two family dwellings and additions thereto and may be required
for other proposals in this category. Proposals for decks, pools, shed, and other accessory
uses may not require the submission of an A-2 survey but the applicant accepts all responsibility
for adhering to the approved site plan.
Category (3) includes any proposal not in Categories 1 or 2 which meets all Code requirements
and does not require the granting of a Special Exception. Examples of this category include
new buildings and additional to existing buildings in a proper zone. Proposals in this
category which add greater than 5,000 square feet of new construction and more than
new parking spaces shall be considered for site plan approval by the Commission. Any other
proposal within this category shall be considered for site plan approval by the Director of
Planning and the Zoning Enforcement Officer. Class A-2 surveys are required for all proposals
in this category.
Category (4) includes any proposal not in categories 1, 2, or 3 and further any proposal
about which there is disagreement among any of the participants in categories 1, 2, or 3.
Examples of this category include requests for Special Exception, lot line rearrangements
and changes in non-conforming uses. Classes A-2 Surveys are required for all proposals in
this category, unless waived by the Commission. After processing as herein set forth,
the site plan shall be considered for approval by the Commission and, if required, a public
hearing shall be held in accordance with the Connecticut General Statues, as amended.
(Revised effective 4/15/94)
55.04- SITE PLAN REVIEW- For all uses requiring a Certificate of Zoning Compliance
or Site Plan Approval, an application shall be submitted to the Planning and Zoning Office
and shall include a minimum of six (6) sets of the following information, maps and plans.
Category 4 projects will require twenty-one (21) sets of plans and supporting
In addition to other requirements, the site plan for projects in Category 3 or 4 and
subdivisions shall be shown on at least one (1) print of the "Topography Map of the City of Middletown,
Connecticut, Showing Drainage Systems and Inland Wetlands Superimposed" at the scale of
1" = 100', sheet 24' x 36', date of photography April 17, 1980 or a later revision.
- Site Plan Map. The Site Plan Map shall illustrate the existing and proposed development
of the property and shall include the following information. All submitted plans shall be properly
sealed as required by state statues or the City of Middletown. For minor accessory uses in
Category 2, these requirements may not apply.
- General Information
- Name and address of the applicant and owner of record as listed on the Town's land
records, and applicant's interest in property.
- Date and subsequent revision dates, north arrow, and numerical and graphical scale.
- A key map showing the subject property in relationship to adjoining and nearby streets,
at a scale of 1 inch = 1,000 feet.
- A table or chart indicating the proposed number or amount and types of uses, lot area,
lot width, yards, building height, coverage, floor area, parking spaces, landscaping, open spaces, wetlands and
other elements as they relate to the requirements of these Regulations.
- The Property
- The boundaries and area of the property and names of all abutting owners, including
those across the street.
- Location, width, and purpose of all existing and proposed easements and rights-of-way
on the property.
- Building and Uses
- Location, dimensions, area, height and setbacks of all existing and proposed buildings,
signs, fences, and walls.
- Location of all existing and proposed uses and facilities not requiring a building such as
but limited to, swimming pools, tennis courts, light
standards, tanks, transformers, and dumpsters.
- Parking, loading, and circulation
- Location, arrangement, and dimensions of automobile parking spaces, aisles, vehicular
drives, fire lanes, entrances, exits, and ramps.
- Location, arrangement, and dimensions of loading docks, loading and unloading areas,
including provisions for and access to areas for loading and storage of refuse and recyclable
materials and type of screen or enclosure provided therefore.
- Location and dimensions of pedestrian walkways, entrances, and exits.
- Bridges for Vehicular Access to property. Signed and sealed plans shall be submitted
by a Connecticut licensed structural engineer certifying that the proposed bridge will be
capable of carrying H-20 loading all per ASHTO Standards. The load limit shall be prominently
posted on the bridge.
Once constructed, the owner of the bridge shall obtain the services of structural engineer (at the
owner's expense) once every five (5) years to inspect the bridge and certify to the appropriate
Fire Chief and/or Marshal that the bridge remains capable of carrying the original
Such certification shall be submitted to the Public Works Engineering Division for review and comment.
Failure to comply will result in notification by the Fire Chief and/or Marshal to the owner,
the mortgage holder and the homeowner's insurance company that the Fire Department shall not
cross the bridge with the fire apparatus in the event of a fire. However, all other methods
practical will be employed to fight the fire.
(Section added eff. 3/1/98)
- Signs and Lighting
- Location, size, height, orientation and plans of all signs.
- Location, size, height, orientation and design of any outdoor lighting.
- With the exception of public street lights all outdoor lighting shall be installed in
such a manner as to insure the highest level of energy conservation and cost efficiency
using the best technology available and be so shielded that the cone of light shall fall,
substantially, within the property. Through the use of shielding and limitations upon intensity,
all sources of ambient light traveling outward and upward, producing a sky glow shall be
reduced to the greatest extent possible without duly interfering with the intent and purpose
of the outside lighting in the first instance.
- Illuminated graphics. illuminated street graphics, in addition to conforming to all
other requirements of this section, shall be shielded in such a manner so that no direct
source of light is cast into streets or residential properties. Illuminated street graphics
shall not interfere with pedestrian or motorist vision. Said illumination shall not be
reflective or phosphorescent and shall be in a steady nonfluctuating or nonundulating
manner and placed in a manner that will not create a nuisance to other premises and interfere
- Glare. All lighting shall be so hooded or shielded as to reflect the light in such a manner
that no illumination source or glare creates a nuisance to any adjoining property or unreasonably
interferes with the lawful use and enjoyment of any adjoining property.
(Section amended effective 4/15/97)
- Utilities. Location, size, inverts, elevations, and design of all existing and proposed
sanitary sewers, storm drainage, water supply facilities, septic tanks, leaching fields and
refuse collection areas, as well as other underground utilities. Utility location, size and
inverts in the street shall be shown to the limits of the property.
- Existing and proposed contours with intervals of two (2) feet, spot elevations of building,
end of driveway at street, and at driveways at back of walks, spot elevation at location low or
high points, site drainage, water interception drains, location of footing drain system,
elevation of footing drain at foundation, elevation of outlet invert in street, or
- Location of all existing wooded areas, watercourses, wetlands, rock outcrops, and
other significant physical features and , where appropriate, the mean high water line,
the wetlands boundary, the flood hazard area, the aquifer boundary, slopes over 25%, and
stream encroachment lines.
- The approximate amount of earth products to be filled or removed from the site, if the
amount exceeds 1,000 cubic yards.
- Location, type, size, and species of shrubs, trees, or other planting and landscaping
- Location, general layout, type and size of buffer or landscaping area, planting material,
fencing, screening devices, decorative paving, or other materials proposed.
- Location of existing trees with a trunk caliper of more than six (6) inches except in
wooded areas where the foliage line shall be indicated.
- Architectural Plans. For all new commercial buildings, unless waived by the Commission,
the applicant shall submit preliminary architectural drawings showing elevations of all proposed
buildings and structures, indicating schematic building floor plans, and indicating square
footage by use.
- Staging plan map. In cases where the applicant wishes to develop in stages, an overall
site plan indicating ultimate development for the entire property shall be submitted
at the same scale as the Site Plan.
- Sedimentation and erosion control plan. All applications shall contain the information
required in Section 10.09, including:
- A statement explaining:
- the proposed use of the facility;
- the projected number of persons to be employed if an industrial use;
- the building area of a business or institutional use;
- the number of dwelling or housing units and a tabulation of units by number of
bedrooms if a residential use;
- DELETED (effective 10/15/94)
- For proposed uses within watershed or aquifer areas, the Applicant shall submit the
following information if the proposal is of category (2), (3), or (4) as defined in Section
- List of all chemical substances to be used or stored on the premises including but not
limited to those needed for pest and plant control, office uses, maintenance, cleaning,
production, and raw material for wastewater treatment.
- Estimated annual use and stored quantities of listed materials
- Description of procedures ensuring safe handling, storage and disposal of listed
materials and waste products.
- Response protocol for sudden or unsudden release of listed substances or by-products.
- Employee training program for handling and use of listed materials and waste products.
- Fuel storage requirements and measures ensuring safe handling and storage.
(Added effective 11/10/88)
- Other information. The applicant shall submit any other information deemed by the
approving authority to be necessary to determine conformity with the intent of these
- Exceptions. The Director of Planning with the concurrence of the appropriate
department may make exceptions to the Site Plan Information required in this Section.
55.05- REVIEW PROCEDURE- The review procedure for proposals in Categories 2, 3, and
4 may include requests for comments from any of the following departments or agencies:
- Public Works including Building Division;
- Water and Sewer;
- Police Department Traffic Division;
- Applicable Fire Department;
- Superintendent of Schools shall comment on all proposals in Categories 3 and 4 if within
500 feet of a city school; and
- Other technical agencies or organizations who may undertake additional studies and
55.06- APPROVAL- Upon submission, plans shall be distributed to pertinent city
departments as outlined in Sec. 55.07 for review and comment. After all comments are
the proposal shall be approved, modified and approved, or denied. The approving authority
may attach reasonable conditions to an approval.
- 55.05.01- Scope of Review
In reviewing a site plan the following shall be taken into consideration:
- Compliance with the Zoning Code and general intent of the Plan of Development;
- Efficient provision of all public utilities;
- Effect of the proposal upon the public health and orderly growth of the
- Provision of adequate public safety devices and access as determined by the Fire and
- Effect of the proposal on area traffic patterns; and
- Compliance with the applicable Building, Health, and Housing Codes.
55.07- VIOLATIONS- Whenever the approving authority shall find that any of the
terms, conditions or restrictions upon which proposed site plan development approval
was granted are not being complied with, the approving authority may rescind and revoke
such approval after giving due notice to all parties concerned, and require performance
as otherwise provided for in this Code.
55.08- BUILDING PERMIT- Subsequent to the zoning approval and the satisfaction
of all conditions and payment of all fees, the Zoning Enforcement Officer shall cause to be
delivered to the Building Department written zoning certification, in accordance with
C.G.S. 8-3 (f), along with a stamped and initiated site plan.
At this point, Chapter 5 Buildings of the Middletown Code of Ordinances shall
apply to all projects with a valid building permit.
- 55.08.01- Procedure
- The building permit applicant will apply and submit payment for a building permit.
Barring any corrections to the building plans during the review process, the applicant
will receive permission to start the foundation system for the structure through written
notification by the department.
- When the foundation is in place, the applicant shall submit the A-2 As Built
survey to the building department. The Building Department shall submit a copy of same
to the Zoning Enforcement Officer for review.
- Upon receipt of the A-2 As Built survey and a finding that it complies with the
original zoning approval, the department will immediately issue the building permit to the
- Prior to issuing the certificate of occupancy, the applicant shall submit a certification
by a licensed land surveyor stating that the finished grades, utilities and drainage correspond
to the approved plans and, if applicable, septic as-built and well analysis to the Health
Department. The Building Department shall submit a copy of same to the Zoning Enforcement
- 55.08.02- Utility Verification-
All storm drainage facilities, and water sanitary sewer facilities required by any Site Plan,
Special Permit, or Subdivision shall be installed by the applicant and inspected for
compliance by the Engineering Departments of Public Works and Water/Sewer or, in the
case of a site facility the Health Department, prior to the backfilling of any such
utility holes or trenches. The applicant shall notify the proper department forty-eight (48)
hours prior to any installation and shall comply with the proper utility regulations and
- 55.08.03- Permits-
When work is to be performed within the street right-of-way, an excavation permit must be
obtained from the Sidewalk Conformance Inspector.
- 55.08.04- Verification of Zoning Compliance-
A Verification of Zoning Compliance shall be issued at the same time as application is made
for a Certificate of Occupancy from the Building Inspector. The Verification of Zoning
Compliance is signified by the Zoning Enforcement Officer's signature on the Certificate of
Occupancy. After notification from the applicant that the land, building, or structure is
ready for occupancy or use, the Zoning Enforcement Officer shall determine if it is in
compliance with these regulations. The Zoning Enforcement Officer may require any other
information which may be necessary to make a determination as to compliance with these
- Change of use. The change of use of an existing use of land, building, or structure,
or part thereof, to another proposed use which is allowable in the applicable zoning district
shall be subject to the provisions of Section 55.05.04 for the issuance of a Zoning
Verification in the same manner as a new building, structure, or use. (Typo
corrected by P&Z Comm. at meeting of 3/24/2004)
- Conditional Verification of Zoning Compliance. When the required site work cannot be
completed because of inclement weather or other pertinent reasons, a Conditional
Verification or Zoning Compliance may be issued by the Zoning Enforcement Officer for a
period not to exceed six (6) months. The applicant may be required to post a bond
in accordance with Section 8.10, to guarantee satisfactory completion of the site work in
accordance with these regulations.
- 55.08.05- Certificate of Occupancy-
No land shall hereafter be used except for farming or gardening purposes, and no new building
or structure hereafter constructed shall be occupied or used unless a Verification of Zoning
Compliance shall have been issued and until a Certificate of Occupancy shall have been
issued. No building or structure which is altered, reconstructed, extended, enlarged, moved,
changed or converted, such reconstruction, alteration, etc.., increasing the fair market
value of the building or structure more than fifty (50) percent, shall be occupied or used
unless a Verification of Zoning Compliance shall have been issued and until a Certification of
Occupancy shall have been issued. Furthermore, no temporary certificate of occupancy
shall be issued unless a Verification of Zoning Compliance shall have been issued.
In situations where an application for a Certificate of Occupancy concerns property within
an incomplete subdivision, a written confirmation is required from the Engineering
Departments of Public Works and Water/Sewer that the first course of paving has been
installed and is adequate to provide ingress and egress and that the public
improvements required by the Subdivision Regulations are in sufficient state of
completeness prior to the issuance of a Certificate of Occupancy.
55.09- TIME LIMITATIONS-
Building and any other required City construction or development permits must be applied
for within one (1) year after site plan approval or such approval shall be null and void unless
a different time limitation is specifically authorized. Upon written request stating
specific reasons for delay, the approving authority may grant additional time beyond the
initial one (1) year period. (Section amended effective 6/1/95)
55.10- MAINTENANCE OF LANDSCAPING-
All landscaping elements portrayed on the approved landscaping plan, including buffer treatments,
shall be maintained in a manner sufficient to ensure its continuing performance and the survival of
plantings. Where a maintenance problem arises, upon the order of the Zoning Enforcement Officer,
said landscaping shall be restored to a satisfactory condition consistent with the approved landscaping plan.
(Section amended effective 6/13/08)