SECTION 35 - PLANNED DEVELOPMENT DISTRICTS

35.1     Purpose: Planned Development Districts may be established by the Commission within the Special Development Area delineated on the Zoning Map and in accordance with the procedures hereinafter specified. The provisions of this Section are designed to permit modification of the strict application of the standards and provisions of these Regulations to accomplish the purposes set forth below. A Planned Development District may be established by the Commission when found necessary and appropriate for the following purposes:

35.1.1  To permit tracts of land to be developed, redeveloped and improved as harmonious design units of stable character, consistent with the character of the Town and the long range improvement of the neighborhood and consistent with any comprehensive plan of development adopted by the Commission for the Special Development Area, when such tracts are of sufficient size to accommodate such design units and when another zoning district could not be appropriately established to accomplish such purposes.

35.1.2  To permit the use of land, buildings and other structures for purposes that would be beneficial to and consistent with the character of the Town and the long range improvement of the neighborhood and consistent with any comprehensive plan of development adopted by the Commission for the Special Development Area, when such uses are located on tracts of sufficient size to accommodate harmonious design of buildings, structures and facilities in connection with the use and when another zoning district could not be appropriately established to accomplish such purposes.

35.2     Lot Size and Density: The tract of land for which application is made for the establishment of a Planned Development District (P.D.D.) must contain an area of not less than 60,000 square feet. Within the Coastal Management District, particularly in suburban residential areas currently zoned Residence R-3 and R­-4, the use of P.D.D.’s are not encouraged solely for the purpose of achieving higher densities of residential development but rather to allow greater flexibility in planning and design, free from the rigid constraints of uniform locational standards, at densities consistent with the immediately adjacent neighborhood and capable of being supported by the available water supply and sewage disposal facilities. Proposed P.D.D.’s should be guided by and be consistent with Branford’s Municipal Coastal Program.

35.3     Building Height: Buildings and other structures shall not exceed a height of 40 feet. In Planned Development Districts located in residential zones within the Coastal Management District, buildings and other structures shall not exceed a maximum height of three (3) stories or 40 feet, whichever is less.

35.4     Informal Consideration: The Commission recommends that, prior to the submission of a formal application for approval of a Planned Development District, the applicant review with the Commission and its staff in a preliminary and informal manner any proposal for a Planned Development District. The Commission recommends that the preliminary plans meet the requirements for a Basic Development Plan under Paragraph 35.5.2 and that four (4) copies be submitted. The Commission or its staff may request that the applicant submit such additional information as may lead to a rendering of a nonbinding opinion by the Commission.

35.5     Petition: A petition for the establishment of a Planned Development District shall be submitted to the Commission in writing, shall be signed by the owner or owners of all parcels within the proposed District and shall be accompanied by the following:

35.5.1  Statement: A written statement specifying in detail the particular provisions of these Regulations which are proposed to be modified and the special or additional provisions which are proposed to be applicable to the use of land, buildings and other structures, the location and bulk of buildings and other structures and the area, shape and frontage of lots within the District. Ten (10) copies shall be submitted.

35.5.2  Basic Development Plans: A Basic Development Plan for the proposed development, including property maps, site plans, architectural plans and other drawings as relevant, in sufficient detail to show the existing conditions and improvements proposed to be erected on the site, the open spaces to be provided, the nature and location of the proposed use or uses, the relationship of the proposed development to surrounding properties and other pertinent information. Six (6) blue line or black line prints shall be submitted. Plans where applicable shall be prepared and certified by an architect and/or professional civil engineer licensed to practice in the State of Connecticut and shall include the following information:

35.5.2a  Location and size of property, including a boundary map with an accuracy meeting or exceeding standards for a “Class A-2 Transit Survey” as defined by the Connecticut Technical Council, Inc. which map is to show the precise boundaries of the proposed District, as well as existing zoning boundaries and the boundaries of any officially designated wetland areas;

35.5.2b  Present and proposed land uses and the acreage of each use, as well as existing and future land uses in the surrounding area;

35.5.2c  Present and proposed buildings and structures including use, dimensions and locations of each;

35.5.2d Proposed vehicular and pedestrian circulation patterns including locations and dimensions of private and public streets and common drives, pedestrian walkways, malls and other public and private paths;

35.5.2e  Location of proposed off-street parking facilities with dimensions, including location, size and number of parking spaces, access drives and walkways;

35.5.2f  Proposed open areas such as parks, lawn area, and recreational facilities;

35.5.2g  Existing and proposed landscaping treatment, including major tree areas, water bodies and related treatment of open space areas,screening,and existing and proposed topography;

35.5.2h  Utility information including water supply, sewage disposal, storm drainage, including capacity of water courses and the additional flow being produced, electrical service and exterior lighting;

35.5.2i   A location map showing the site’s situation within the Town’s circulation system and all streets and intersections within 1,000 feet of the site;

35.5.2j   Preliminary architectural plans including generalized floor plans, exterior elevations, perspective drawings and descriptive information on types of building materials and exterior finishes;

35.5.2k  Any additional information which the Commission may reasonably require or the applicant may wish to submit, including such items as a traffic study, storm drainage and flooding report, soils and geology map, marketability study, project model, covenants and/or easements related to public access rights, legal information related to disposition, ownership and maintenance of community facilities and open space, bonding to insure completion of community elements, and schedules of development phases.

35.5.3  Fee: A petition fee of $300.00

35.6     Procedures: After receipt of a complete petition for the establishment of a Planned Development District, the Commission shall review the petition and during this review may hold meetings with the petitioner and request additional information; the Commission shall hold a public hearing on the petition in the same manner and with the same notice as required for amendment of these Regulations. The Commission may request the following information for presentation prior to or at the public hearing:

     a.       Evidence from the Sewer Authority that sewers are available to the project for tie-in and that the sewer lines, sewage treatment plant and related appurtenances have the capacity for the projected volumes;

     b.      A statement from the Town Sanitarian on the adequacy of solid waste disposal and, if no public sewers are available, the adequacy of private sewage disposal systems;

     c.       A statement from the Police Commission that the proposal will not cause any undue traffic hazards;

     d.      A statement form the Fire Marshall that the proposal meets fire safety standards and concerning the fire fighting feasibility of the proposed plan;

     e.       A statement from the Town Engineer in reference to the adequacy of the basic drainage, public street design and the design of elements to be served by the Public Works Department of the Town;

     f.       A statement from any other municipal department or advisory committee whose opinion is deemed appropriate by the Commission

After the public hearing, the Commission may either give approval to the Basic Development Plans or approval subject to modifications, only after the Commission makes the findings set forth under Paragraph 35.8 below, in addition to other findings necessary for amendment of these regulations. Approval of the Basic Development Plans shall not constitute final approval of the Planned Development District and shall simply authorize the submission of Detailed Development Plans setting forth in detail the specifics of the proposed development and showing any modifications specified by the Commission. If the Detailed Development Plans are approved by the Commission, the Planned Development District shall be considered established and these

Zoning Regulations and the Zoning Map shall be considered to be modified to permit the establishment of the development as approved. The approved Planned Development District shall be shown on the Zoning Map with a reference to the records of the Commission where the approved standards and plans may be seen. If the Petition is approved, the Commission shall give notice of such approval in the same manner as required for the amendment of these Regulations.

35.7     Detailed Develpment Plans: Detailed Development Plans shall be submitted in conformance with and including all the information required by the approved Basic Development Plans. Such Detailed Development Plans may be submitted in stages provided that such stages encompass not less than the minimum required tract size and include all those public amenities and features used as a public protection for the surrounding area. Such stages shall be capable of complete and self-sufficient existence without the completion of the remaining stages. Six (6) copies of all Detailed Development Plans shall be submitted and shall include at least the following:

     a.       Site Plan containing detailed layout information related to all site plan proposals contained in the Basic Development Plans, plus an additional, schematic layout of buildings, drives and parking areas at a scale of 1” = 100’;

     b.      Building Plans encompassing the architectural information developed in the Basic Development Plans;

     c.       Landscaping Plans presenting in detail the landscaping treatments and open space proposals contained in the Basic Development Plans;

     d.      Engineering Plans presenting the detail designs and information supporting all the engineering elements of the Basic Development Plans.

Approval of the Detailed Development Plans shall be noted on said Plans which shall then be signed by the Chairman of the Planning and Zoning Commission with the date of approval indicated on the plans.

35.8     Findings Required: The Commission may adopt the Planned Development District thereby amending these Regulations and the Zoning Map, only after the Commission makes the following findings in addition to other findings necessary for the amendment of these Regulations:

     a.       The planned Development District and the standards and Basic Development Plans applicable therein will accomplish the purpose set forth in Paragraph 35.1;

     b.      Another zoning district could not be appropriately established to accomplish such purposes;

     c.       The Planned Development District and the standards and Basic Development Plans applicable therein will be consistent with any comprehensive plan of development adopted by the Commission for the Special Development Area;

     d.      The Planned Development District encompasses a tract of land of not less than 60,000 square feet;

     e.       The petitioner has provided, where appropriate, for the continued maintenance of the development in general, including those open space and recreational areas not dedicated for general public use;

     f.       The streets and drives will be suitable and adequate to accommodate anticipated traffic and projected development intensity will not generate traffic in such amounts as to overload the street system in the area;

     g.      The existing and proposed utility services are adequate for the proposed development and the utilities and drainage have been so arranged as to not overburden the capacity of the facilities connected therewith.

35.9     Bonds: The petitioner shall file with the Commission a performance bond, in form, amount and surety approved by the Commission, to guarantee the faithful performance of the site improvements work to be undertaken within the public rights-of-way, unless said improvements are bonded under the provisions of the Branford Subdivision Regulations.

35.10   Certificate of Zoning Compliance: Prior to the issuance of any Certificate of Zoning Compliance to permit any occupancy of the development, the developer shall file with the Commission a performance bond, in form, amount and surety approved by the Commission, to guarantee the provision of all facilities common to the entire development, including but not limited to private roads, buffer strips, walkways, recreational facilities, club houses and other common areas. Said bond shall be conditioned upon completion of said common facilities within one (1) year of the date of approval of the first such Certificate of Zoning Compliance, except that the Commission may extend the time for completion for an additional period not to exceed one (1) year after public hearing for a good cause shown.

35.11   Additional Limitations: Adoption of a Planned Development district by the Commission shall constitute authorization to establish the uses, buildings, structures and site development in accordance with the standards and Detailed Development Plans adopted by the Commission for the District and in accordance with detailed specifications approved by the Commission.

The development authorized by the Commission shall be completed within five (5) years from the effective date of the District, except that the Commission may extend the time for completion for one (1) year periods after public hearing for good cause demonstrated to the satisfaction of the Commission; otherwise the Commission shall be deemed authorized by the owner or owners of land within the District to amend these Regulations and the Zoning Map, deleting the Planned Development District and establishing for such land the provisions of another zoning district.