ADDITION shall mean any alteration in a building which increases its size, height, or roof area.

ALTERATION shall mean any change in the use or location of walls, supports, shape, columns, beams or girders in a structure.

ATTIC. An attic is the space between the top of the ceiling joists of the top story and the bottom of the roof rafters. (4/30/2002)

AWNING shall mean a cover, either moveable or fixed, projecting from a building and supported only by attachment to the building.

BASEMENT. A basement is that portion of a building, that is partly or completely below grade plane. See Sec. 6-45.1 "Story Above Grade" to determine when basement is counted as a story. (4/30/2002)

BOARDING HOUSE shall mean a dwelling in which meals, or rooms and meals are provided for compensation for five (5) or more persons other than the members of the family of the proprietor. A Boarding House shall not include a Group Living Facility. (2/25/88)

BUILDING shall mean any structure having a roof supported by columns or by walls and intended for the shelter, housing or enclosure of persons, animals or any other property. (5/4/2005)

BUILDING ACCESSORY OR ACCESSORY USE shall mean, in a residential zone, any accessory building or use which is subordinate and customarily incidental to the principal building or use on the same lot. In a commercial zone, shall mean any accessory building, including shipping containers or other structure customarily incidental to the principal building or use on the same lot. (5/4/2005)

BUILDING AREAS shall mean that portion of a lot which may be occupied by buildings. For purposes of this sub-section, buildings shall be measured to the outermost limit of any portion of the building, including but not limited to any projecting overhang of the roof. (5/10/2000)

       (A) That portion of the area of a building or structure whose roof is treated as ground surface (planted or paved) and is entirely below the elevation of the adjacent grade as it was prior to any construction or re-grading shall not be included in lot coverage.

       (B) That portion of the area of a structure or building whose floor is below the average established grade of the street curb in front of the building shall not be included in building coverage nor included in the floor area and may encroach within the required setbacks if it complies with all of the following conditions:

       1. At least 75% of the roof surface of such structure or building shall have sufficient earth to support natural vegetation and be planted with grass, ground cover or shrubs.

       2. The maximum grade of said roof shall not exceed one foot of rise to three feet of run.

       3. The maximum height of any wall of said structure within a required setback shall not exceed 30 inches above the grade at all street curbs at any point, except that cross walls starting from said maximum 30 inch height may follow the slope of an earth covered roof.

       4. A below grade structure shall not affect the computation of building height, except that the roof surface may be considered finished ground surface if it complies with all the provisions of the building height definition of these regulations.

       This provision shall not apply to structures or buildings which have been granted site plan approval by the Commission prior to May 18, 1976. (5/10/2000)

BUILDING FRONTAGE shall mean the overall dimension of the building most nearly parallel to a street, measured parallel to the street.

BUILDING HEIGHT shall mean the vertical distance measured from the grade plane to the highest point of the roof. See Diagram No. 1 (4/30/2002)

CAF shall mean an establishment which is conducted and is held out to the public as one in which the principal item offered for sale for consumption on the premises is alcoholic liquor and which does not conduct itself and hold itself out to the public as a restaurant. (The caf liquor permit class has been eliminated as a permitted use as of November 17, 1997; see Sec. 6-194).

COMMERCIAL RECREATION shall mean a business operated for profit which offers recreational uses including but not limited to in-door theaters, bowling, roller skating, ice skating, weight control, sports and fitness training. Accessory uses permitted include the preparation and serving of food and/or the sale of equipment related to the recreational activity on the premises. Such accessory uses shall be limited to a maximum of 10 percent of the useable space of the principal use. (5/4/2005)

COMMERCIAL NURSERY shall mean a place where trees and other plants are grown for sale.

CONGREGATE HOUSING means a form of residential environment consisting of independent living assisted by congregate meals, housekeeping and personal services, for persons sixty-two years old or older. (6/17/83)

CONTINUING CARE RETIREMENT COMMUNITY shall mean the combination on the same site of a nursing home and a residential facility for the elderly (62 years of age or older) that by contract offers shared meals, housekeeping, emergency call systems, other social supports and at least two (2) health related benefits, one of which shall be priority access to the nursing home without regard to source of payment. Other health related benefits include health care provided by the nursing home or by a home health care agency as defined in C.G.S. 19a-490, or the services of any licensed health professional on a regular, on-going basis, either on staff or on contract. The essential characteristics of a congregate community for the elderly are to provide home health care, intermediate and skilled nursing care in addition to housing, meals and other personal services. (4/2/91)

CORNER LOT shall mean a lot, other than a rear lot or a through lot with at least two adjacent sides one of which meets the minimum lot frontage requirement of a zoning district on a street and the other side which abuts a street for a minimum of twenty (20) feet. See Diagram No. 10. (4/19/2006)

COURT shall mean an unoccupied open space, other than a yard, on the same lot with a building which is bounded on two or more sides by the walls of such building. An outer court extends to a street line or opens upon a front, side or rear yard. An inner court is enclosed on all sides by the walls of a building or by lot lines on which the building walls are permitted.

CRAWL SPACE . That portion of a building located below the first floor and which is less than five (5) feet in height between the inside finished grade in a building and the bottom of the floor joists of the first floor above the crawl space. (4/30/2002)

DECK shall mean a constructed platform other than a patio that may be attached to a building and be supported by the building and/or the ground. A deck does not have a roof and is not enclosed. (4/19/2006)

DRIVE-IN RESTAURANT shall mean an establishment which serves food and non-alcoholic drinks from a counter either inside or outside a building primarily, but not exclusively, for consumption in automobiles parked on the premises for such purpose.

DWELLING, ATTACHED shall mean a dwelling unit which is joined to another dwelling unit at one (1) or more points or by a party wall or walls.

DWELLING, ONE FAMILY shall mean detached building containing only one (1) dwelling unit.

DWELLING, TWO-FAMILY shall mean a detached building containing only two (2) dwelling units.

DWELLING GROUP shall mean two (2) or more principal buildings each one of which contains one or more dwelling units on a lot. (5/4/2005)

DWELLING UNIT shall mean one or more rooms in a structure which room or rooms is (are) arranged, designed, used or altered for one family, said room or rooms containing a kitchen and a bathroom with bathtub and/or a shower, a toilet and sink. (10/03/2001)

DWELLING MULTI-FAMILY shall mean a building containing three or more dwelling units.

EMERGENCY YOUTH SHELTERS shall mean sleeping and eating facilities for youths, birth through 18, who need short-term housing (approximately three weeks) in order to resolve family problems. Total occupancy in a single-family dwelling shall not exceed ten youths plus staff, with a minimum of six off-street parking spaces. To be eligible youths must be screened so as to eliminate drug and alcohol users or emotionally disturbed youths. (6/8/92)

EXECUTIVE OFFICES shall mean a structure or portion thereof containing offices of the top management or supervisory personnel of a corporation or company.

FALL-OUT SHELTER shall mean a structure or portion of a structure intended to provide protection to human life during periods of danger from nuclear fall out, air raids, storms, or other emergencies.

FAMILY shall mean any number of persons living together as a single housekeeping unit in a domestic relationship based on birth, marriage or other domestic bond, or one (1) person living in a single housekeeping unit as distinguished from roomers or boarders or the occupants of a hotel. If several unrelated individuals live together as a family, then one (1) member shall be designated as head of household and the other members shall be considered as roomers or boarders.

FAMILY DAY CARE shall mean care in a private family home for pre-school and elementary school children licensed by the State of Connecticut for not more than 10 hours during a 24 hour period. The number of children are not to exceed six at any given time and care is on a regular basis. This use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof. (1/1/87)

FAST FOOD RESTAURANT shall mean an establishment having more than twelve (12) seats with a limited menu whose principal business is the sale of quickly prepared foods, frozen desserts or beverages to the patron in a ready to consume state, primarily served in paper, plastic or other disposable plates or containers with disposable utensils, for consumption within the building, or within a motor vehicle parked on the premises or off the premises as carry-out orders, and may have drive-thru or delivery services. (5/4/2005)

FINISHED GRADE. The final elevation of the ground surface, including lawns, walks and paved surfaces after the completion of grading. See Diagram No. 1. (4/30/2002)

FLOOR AREA, GROSS for buildings in non-residential zones shall include all the floor space contained within the exterior walls of the building with no deduction for any interior walls. Floor area, gross, shall not include areas below grade when devoted to the following uses: (A) Mechanical spaces, (B) Parking, (C) Storage (when related to the principal use of the building) but shall include all other below grade areas. An area below grade shall mean that portion of a building partially underground having %2 or more than %2 of its clear height below the grade plane. (6/11/86) (4/30/2002)

FLOOR AREA, GROSS for buildings in any residential zone shall include all interior areas between the interior surfaces of the perimeter walls of the building. No deductions shall be made for anything between the interior surfaces of the perimeter walls including, but not limited to, interior walls, staircases, chimneys, mechanical spaces, structural elements and closets. In the event there is an open atrium space, the open area in the upper level or levels is not counted when calculating Gross Floor Area (GFA). (4/30/2002)

       (A) With respect to the inclusion of Attic space within Gross Floor Area the following shall apply:

       The area of the attic floor that is below a plane that is seven (7) feet above the finished attic floor shall be included within Gross Floor Area, except as noted in (a) and (b) below, whether or not the attic area is accessible by pull-down stair, permanent stairs or can be accessed from an adjoining room. See Diagram No. 2

       (a) Notwithstanding the foregoing, for buildings existing as of the effective date of this amendment, where the attic space has been solely accessible via "pull down" stairs or ceiling scuttle and the attic floor has not been included in the determination of Gross Floor Area for purposes of calculating Floor Area Ratio, such floor area shall continue not to be included in the determination of Gross Floor Area for purposes of calculating Floor Area Ratio. If, any time after the effective date of this amendment, access to such attic space is made available via fixed stairs or through an adjacent room, the floor area of such attic space shall be included in the determination of Gross Floor Area as provided in Sec. 6-5(22. 1)(A) above.

       (b) For areas below dormers, whether individual or shed type dormers, which have a ceiling height of five (5) feet or more, such areas shall be included in the determination of Gross Floor Area for purposes of calculating Floor Area Ratio and Story as defined in Sec. 6-5 (45). See Diagram No. 2. (4/30/2002)

       (B) With respect to the inclusion of Basement within Gross Floor Area, the following shall apply:

       1. Where the finished surface of the floor above the basement is less than three (3) feet above the grade plane and at all points the floor of the basement is more than four (4) feet below the grade plane the basement shall not be included within Gross Floor Area. See Diagram No. 3.

       2. Where the finished surface of the floor above the basement is more than three (3) feet and less than five (5) feet above the grade plane, then 50% of the remaining space, after the exclusions stated below shall be included when calculating Gross Floor Area:

       (a) Crawl spaces, space for parking, space for laundry equipment and space for building mechanical equipment shall not be included within Gross Floor Area. See Diagram No. 3.

       (b) The following standards shall be applied in calculating the area to be excluded from Gross Floor Area:

       - 300 sq. ft. per vehicle; no tandem spaces permitted

       - 100 sq. ft. of space for laundry equipment

       - 100 sq. ft. of space for mechanical equipment

       3. Where the finished surface of the floor above the basement is more than five (5) feet above the grade plane, then 100% of the space, excluding crawl space, shall be included when calculating Gross Floor Area. See Diagram No. 3. (4/19/2006)

       (C) The effect of Subsection (A) and (B) above shall not preserve legally non-conforming square footage in excess of the maximum floor area ratio. Basement and attic areas, which, as a result of these amendments, are no longer included in floor area ratio may be replicated only to the extent that they do not exceed the floor area ratio limitations. (4/30/2002)

FLOOR AREA RATIO shall mean the ratio of the aggregate Gross Floor Area of all buildings on a lot (including accessory structures having walls and a roof, such as pool houses, sheds, and garages) to the total area of the lot excluding underwater coastal lands as described in Sec. 6-138. (4/19/2006)

FLOOR AREA, USABLE shall mean 75% of the gross floor area as defined in (22) above. (6/11/86)

GARAGE SPACE shall mean space in a covered area used for the parking of vehicles.

GRADE PLANE. A reference plane representing the weighted average of the finished ground level adjoining the building at all exterior walls as set forth below: If retaining walls are constructed to create the finished grade used to determine the grade plane, the height and spacing of the retaining walls must be in compliance with Sec. 6-134(b). If the finished grade slopes downward from the exterior walls, the reference plane shall be established as follows: (5/4/2005)

       -If any portion of the building, not including projections permitted by Sec. 6-128, is ten (10) feet or less from the lot line, the reference plane with respect to that portion of the building shall be established by the lowest points within the area between the building and the lot line; and

       -If any portion of the building, not including projections permitted by Sec. 6-128, is more than ten (10) feet from the lot line, the reference plane with respect to that portion of the building shall be established by the lowest points within the area, which is ten feet from the building.

       -If fill is added to create the finished grade, establishment of the reference plane shall be determined by measurement of the actual finished grade after fill is added.

       -If a retaining wall is placed on a property line and the property line is ten (10) feet or less from the building, the lowest finished grade on either side of the wall shall be used to calculate the reference plane. (4/30/2002)

GROUP LIVING FACILITY FOR THE ELDERLY. A Group Living Facility for the Elderly (60 years or older) is one which provides shared-living opportunities in a family-like environment to no more than 12 individuals, related or unrelated, exclusive of any staff. These individuals must be capable of living independently. (2/25/88)

       Facilities are provided for room and board. Each person may have his of her own bedroom and may have own bath. Residents share kitchen/dining facilities and other common space. Shared activities may include sharing responsibilities for meals, social activities and daily living activities, but the residents retain the choice of being private or socializing. (2/25/88)

       A.Group Living Facility for the Elderly is not for people with alcohol or drug abuse problems, for those coming directly from correctional or custodial institutions, for those with a history of aggressive behavior toward persons or property, or for those requiring supervision. (2/25/88)

       A.Group Living Facility for the Elderly may have part-time or full-time staff to assist with normal household functions and domestic services such as laundry, shopping, building maintenance and management. (2/25/88)

GROUP DAY CARE HOME shall mean a detached Resident-Occupied, Single-Family Dwelling in which a program, licensed by the State of Connecticut, of supplementary child care for not less than seven (7) or more than twelve (12) related or unrelated preschool and elementary school children is conducted on a regular basis for part of the twenty-four (24) hours in one or more days of the week. (10/2/89)

GUEST HOUSE shall mean an accessory building used solely by the owner or occupant of the premises for the temporary accommodation of his guests or members of his family and for which no rental or other charge is made or received and provided that no kitchen facilities or other housekeeping facilities are included in the accessory building.

HEALTH CLUB shall mean a membership facility designed and used for body conditioning and rehabilitation, excluding rehabilitation services provided by health care providers (defined as a person, or corporation licensed by the state to provide health care services), involving, but not limited to, activities such as weight training, aerobic and related exercise classes. Health clubs may contain the following types of facilities: whirlpool, sauna, steam room, showers, swimming pool, gym, tennis court and racquet ball courts, exercise equipment and exercise rooms, locker rooms, tanning salons, and health food bar as an accessory use. (5/4/2005)

HOME OCCUPATION shall mean any use customarily conducted entirely within a dwelling and carried on by the residents thereof using only customary home appliances, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof, such as dressmaking, millinery, massaging, preserving and the like. Uses such as, but not limited to the conduction of dancing or music studio, tourist home, kennel, animal hospital, or any similar use, shall not be deemed to be a home occupation. Any business enterprise or activity which shall require a license or permit from the town or from any bureau or department of the County or State, shall not be deemed a home occupation, except for a Registered Physical Therapist. (4/7/81)

HOME OFFICE shall mean one office within a resident's one family dwelling or the garage or other residential accessory structure thereto, constructed within such setbacks as are required for the dwelling, that is used for the conduct of business services primarily by means of customary office and telecommunications equipment with no more than three (3) business visitors (clients, deliverers and couriers, and consultants) daily, which use is clearly incidental and secondary to the use of the dwelling for residential purposes and does not change the character or appearance thereof. A home office does not include the uses in Use Group 1 of Section 6-100. (2/8/94)

HORTICULTURAL RESERVATION shall mean an area devoted to the art, study or science of the cultivation of flowers, fruits, vegetables or ornamental plants.

HOSPITAL shall mean a facility providing around-the-clock 24-hour care for sick and diseased persons by physicians and licensed health professionals, housing in-patients overnight for professional medical care (including less than 48-hour care) and having facilities to handle on a regular basis emergency treatment, general surgery, acute care and intensive care, including those services necessary to the handling of such care. Said facility will be under the supervision of the State Commission on Hospitals and Health Care. (6/8/90)

HOTEL shall mean a building or portion thereof, kept, used, maintained, advertised or held out to the public, containing thirteen (13) or more rooms used for sleeping accommodations for guests, and providing lodging with or without meals, and other incidental services and in which there are certain public rooms and services for the use of all guests. In no case are hotel units to be used as dwelling units. The word "hotel" includes the word "motel," "motor lodge," "auto court," "inn," "tourist court" or similar names.

JOBBING ESTABLISHMENT shall mean the premises of an independent contractor directly involved in the building construction trades such as plumbing, heating, carpentry, electrical and the like. (6/11/86)

KENNEL shall mean the keeping or raising of dogs for a profit, or the keeping of five (5) or more dogs over the age of six (6) months.

KITCHEN shall mean an area or a room containing a sink and appliances for cooking and a refrigerator for food storage and an area for the preparation of foods. Such room may also contain cabinetry and appliances, which may include, but not be limited to, a dishwasher, microwave oven and trash compactor. (10/3/2001)

LEVEL OF SERVICE. ACCEPTABLE " for roads shall mean that stable conditions exist, i.e., movements may be somewhat restricted due to volumes, but conditions are not objectionable for motorists. "Level of Service, Acceptable" for intersections shall mean that drivers occasionally wait through more than one signal indication, and occasionally backups may develop behind left-turning vehicles, but traffic flow is stable and acceptable. (6/11/86)

LOADING SPACE shall mean an off-street space available for the loading or unloading of goods; not less than fifteen (15) feet wide and twenty-five (25) feet long, having direct usable access to a street except that where one such loading space has been provided, any additional loading space lying along side, contiguous to, and not separated from such first loading space need not be wider than twelve (12) feet.

LOT shall mean a parcel of land occupied or to be occupied by a building or a group of buildings and their accessory uses, including such open spaces as are required by these regulations and such other open spaces as are used in connection with the buildings. Lot shall include "plot". For the purposes of compliance with Sec. 6-156, a lot also includes the land between the property line and the traveled way of the abutting street or streets.

LOT CORNER see definition Sec. 6-5(a)(11.3), corner lot and Diagram No. 10. (4/19/2006)

LOT COVERAGE shall mean that portion of a lot which is covered by surfaces which are substantially impermeable and includes, but is not limited to all buildings structures, parking areas, drives, walkways, patios, and paved recreational areas. (5/4/2005)

LOT FRONTAGE shall mean the distance between the side lines of a lot measured along the street which distance continues the minimum frontage as stated in Sec. 6-205 for the zone in which the lot is located undiminished to a depth equivalent to at least two hundred percent (200%) of the minimum front yard setback depth as stated in Sec. 6205 for the zone in which the lot is located. Where the front lot line is along the circular terminus of a cul-de-sac, the distance may be measured at the required front yard depth setback along an arc concentric with the street line. See Diagrams 6 and 8 (4/30/2002)

LOT, THROUGH shall mean any lot other than a corner lot with frontage on more than one street.

NATURAL PARK AREA shall mean an area of unusual natural beauty which has remained substantially undisturbed by man and is used primarily for conservation, education, scientific purposes, and the study and enjoyment of nature.

NON-CONFORMING USE shall mean a building or land, the use of which does not conform to the use regulations for the zone in which it is situated.

NON-PASSENGER VEHICLE shall include all vehicles other than passenger vehicles under the Connecticut General Statutes Title 14, Chapter 246, Motor Vehicles. (5/4/2005)

OFFICE USES shall mean non-retail, non-personal service establishments which involve the transaction or provision of financial, professional or business services, the operation of service organizations, or the offices of Health-Care providers. Office uses include, but are not limited to advertising agencies; public relations firms; offices of professional persons; financial and tax services; mortgage and money-lending institutions (other than banks); investment companies; business consultants; credit agencies; secretarial services and the like. Office uses are characterized by having limited storage consisting of office supplies or the like, but not stock for resale. Office uses may include health and fitness facilities provided as a service to employees of the office uses. (5/4/2005)

PASSENGER VEHICLES for purposes of these regulations includes passenger cars, SUVs, mini-vans, pick-ups and other vehicles with a maximum of two axles, and a maximum seating capacity of 10 persons used primarily for the transportation of persons for noncommercial purposes. (5/4/2005)

PATIO shall mean an area on grade, which is covered with an impervious surface material such as masonry or stone. (4/19/2006)

PERSONAL SERVICE ESTABLISHMENTS shall mean those establishments primarily involved with the provision of personal care or other service directly to the ultimate consumer as walk-in trade or by appointment. Personal service establishments include but are not limited to beauty salons; spas; barber shops; decorating shops; tailors; dressmakers; laundries; photographic studios; shoeshine and repair shops; shops for repairs or adjustments to appliances, watches, locks, guns and similar small items; one-to-one physical conditioning, and weight control activities and the like. Personal services uses shall not include offices of health-care providers, training, recreational or educational facilities, such as but not limited to computer schools, martial arts or language schools. (4/19/2006)

PORCH SHALL mean a deck or patio with a roof. It may or may not be enclosed. (4/19/2006)

PREMISES shall mean and include lot and buildings.

PROFESSIONAL PERSON shall mean an architect, professional engineer or lawyer. (2/8/94)

REAR LOT shall mean a lot whose frontage on a street is as defined in Sec. 6-131. (5/4/2005)

RESIDENT MEDICAL PROFESSIONAL OFFICE shall mean one office in a one family dwelling of one medical professional (defined as a physician, surgeon, dentist, chiropractor, psychiatrist, or other licensed medical professional approved by the Planning and Zoning Commission) that is the principal residence of such medical professional and that has no hospital facilities or a medical laboratory. Such use must be clearly incidental and secondary to the use of the dwelling for residential purposes and not change the character or appearance thereof. (2/8/94)

RESTAURANT shall mean an establishment containing a kitchen and seats for more than twelve patrons whose principal business is the preparation and selling of beverages and unpackaged food to the patron in a ready-to consume state, with non-disposable dishes, containers and utensils, and where the patron consumes these foods while seated at tables or counters located within the building, except where the establishment has been granted an outdoor dining permit. Such establishments may not provide drive-thru services. (5/4/2005)

RETAIL FOOD ESTABLISHMENT shall mean a business that sells both packaged and prepared foods and beverages primarily for consumption off the premises, but which may have seating for on-site consumption for up to twelve patrons. The definition shall also include food service providers (caterers) who prepare and deliver and/or serve food off premises, and may also include drive-thru services. (5/4/2005)

RETAIL STORES shall mean sales establishments whose primary purpose is to display and office for sale commodities or goods directly to the consumer, reserving a substantial amount of floor space and window space for display of goods. Retail stores also offer incidental services. (9/15/86)

ROOMING HOUSE shall mean a dwelling in which rooms for living purposes are rented for compensation to five (5) or more persons other than the members of the family of the proprietor.

SATELLITE EARTH STATION ANTENNA shall mean a parabolic dish and appurtenant tower or other antenna, tower or device the purpose of which is to receive, distribute or transmit a variety of electronic signals in the form of microwaves to or from orbiting satellites or other extra-terrestrial or terrestrial sources. (10/7/85)

SERVICE AND SOCIAL CLUB shall mean a non-profit club or association of members organized for the purpose of providing services to the community, and engaging in charitable activities, and providing a meeting place for social interaction of its members, provided that no part of the net earnings of such club or association inures to the benefit of any private individual. (4/29/91)

SIGN shall mean any structure or any natural object such as a tree, rock, bush, or the ground itself, or part thereof or device attached thereto or painted or represented thereon that shall be used to attract attention to any object, product, place, activity, person, institution, organization or business, or which shall display or include any letter, figure, character, word, model, banner, flag, pennant, insignia, device, or representation used as, or which is in the nature of, an announcement, direction or advertisement, including windows, or permanently installed behind windows within three (3) feet thereof and visible outside the building, provided however, for the purposes of Sections 6-163 and 6-164 the word "sign" does not include (i) temporary holiday decorations and (ii) the flag, pennant or insignia of any nation, state, city or political unit; or (iii) the official flag of any political, educational, charitable, philanthropic, civic, professional, or religious institution or of a company whose executive or division offices are located on the premises as the primary occupant of a building. No such flag shall be more than 60 square feet and flown from a pole not more than 40 feet in height. For the purpose of this Chapter signs shall be considered to include and be further classified as follows: (7/3/93)

FREE-STANDING SIGN shall mean a sign on supports placed on or anchored in the ground and not attached to any building or other structure. (7/3/93)

NAMEPLATE SHALL mean a sign giving the name or address of a property and/or the occupant or a building marker containing such information and dates and details of construction-(7/3/93)

PORTABLE shall mean a sign, not permanently anchored to the ground or other permanent structure, designed to be transported, including without limitation, a sign designed to be on wheels, a menu or sandwich board sign, and a sign attached to or printed on a vehicle parked and visible from the right of way unless the vehicle is regularly used in the normal day-to-day operations of the business. (7/3/93)

PROJECTING shall mean a wall sign attached in such a manner that its leading edge extends more than fifteen inches beyond the face of the wall. (7/3/93)

REAL ESTATE shall mean a sign used to advertise the sale, lease, rental, availability or location of real estate or a real estate development. (7/3/93)

TEMPORARY shall mean a sign that is not permanently mounted and is intended for a limited period of display. (7/3/93)

WALL shall mean a sign printed on or attached to a building wall. (7/3/93)

WINDOW shall mean a sign consisting of lettering or designs inside a window or upon the pane visible from the exterior of a window. Window shall include the entire glassed area within the frame. (7/3/93)

STORY shall mean that portion of a building above the basement, except as further defined in Sec. 6-5 (45.1), included between the upper surface of a floor and the upper surface of the floor or roof next above it. In the CGBR zone, that portion of the building considered below grade shall also be defined as a "story" if it is habitable floor area used for other than storage, parking or mechanical space. A "half-story" is any space under the gable, hip or gambrel roof, the gross floor area of which, including dormers as described in Section 6-5 (22.1) (A) 1 (b), does not exceed forty (40) percent of the floor area next below when measured at a plane seven feet zero inches (10") above the floor directly below the roof. It shall be counted as a full story if the said forty (40) percent is exceeded. See Diagram No. 4 (4/30/2002)

STORY ABOVE GRADE shall be any story having its finished floor surface entirely above the grade plane except that a basement shall be considered as a story above grade when the finished surface of the floor above the basement is:

       1. More than five (5) feet above the grade plane; or

       2. More than five (5) feet above the finished grade at the wall of the building for more than thirty (30) percent of the total linear measurement of the perimeter wall of the building; or

       3. More than twelve (12) feet above the finished grade at the perimeter of the building at any point. See Diagram No. 5 (4/30/2002)

STREET shall mean and include all public and private streets, highways, avenues, boulevards, parkways, roads, and other similar ways.

STREET CURB LINE shall mean a line defined by the face of an existing or proposed curb or the edge of the street pavement.

STREET FRONTAGE shall mean the distance between property lines measured along the street or streets.

STRUCTURE shall mean a building or anything constructed or erected that requires location on the ground or attached to anything having location on the ground including but not limited to swimming pools, more than thirty-six (36) inches deep or having a surface area more than two hundred and fifty (250) square feet, fallout shelters, uncovered porches, satellite earth station antennas (both receivers and transmitters), towers, sports courts larger than 1,000 sq. ft. and all appurtenances thereto, fences, walls or mechanical equipment (including vehicle parking lifts) over six-feet in height. (4/19/2006)

SUBSTANTIAL IMPROVEMENT shall mean any combination of repairs, reconstruction, alterations, addition, or improvements to a structure in which the cumulative cost equals or exceeds seventy-five (75) percent of the replacement cost of the structure. The replacement shall be the appraised value of the structure as defined in Sec. 6139.1. The cumulative cost of these improvements will include the cost of the proposed improvements and all other improvements made to the structure within the preceding thirty-six (36) months. The date of permit issuance for prior-building permits extending back thirty-six (36) months from the date of submission of the building permit application for the latest proposed improvement will be used to determine the improvements to be included in the replacement cost calculations.

       Separate conditions govern any alteration of a structure eligible or listed on the National Register or Historical Places or the State Inventory of Historical Places. This definition shall not apply to structures located in Flood Hazard Areas that are subject to Section 6-139.1. (4/19/2006)

SUPERMARKET shall mean a food store over 4,000 square feet in floor area offering food for sale primarily for preparing off the premises. Non-food items such as household supplies, toiletries and other miscellaneous items may be offered, but the supply of such items is secondary to the primary purpose of a supermarket to sell basic food products directly to the consumer. (4/19/2006)

TEMPORARY STRUCTURE shall mean a structure which by its type and materials of construction is erected to remain for not more than six (6) months in any year. Such structures shall include tents, air supported structures, fabric shelters, portable bandstands, bleachers not erected in conjunction with athletic fields, reviewing stands, or other structures of a similar character.

TERRACE (Definition deleted 4/19/2006)

WALK-IN MEDICAL CLINIC , also known as Convenient Medical Care Center and by other similar terms, shall mean a facility which functions without an appointment system to provide on-the-spot medical aid to persons who present non-life-threatening problems but who need or want the convenience of immediate medical attention. (1/12/2000) A walk-in medical clinic is characterized by having limited facilities and personnel. Such a facility may be open 24 hours a day and shall be so located as to serve a non-overlapping geographic area having a population of 30,000 people. No walk-in medical clinic shall be located within 4 miles of a similar facility. A walk-in medical clinic is not characterized by providing patients with long-term follow-up medical care, and is not designed to handle life-threatening emergencies. (7/25/88)

WATER-DEPENDENT USES means those uses and facilities which require direct access to, or location in, marine or tidal waters and which therefore cannot be located inland. (5/11 /87)

WET BAR shall mean an area equipped with running water, a sink of not more than 250 square inches and a bar or serving counter, and may also include an under counter or counter top refrigerator. The wet bar shall not include facilities for cooking. (10/3/2001)

WILDLIFE RESERVATION shall mean an area set aside for the preservation of undomesticated animals and birds in their native habitat.

YARD, FRONT shall mean an open space across the full width of the lot between the front wall of the principal building and the front lot line. See Diagrams 7 and 9 (4/30/2002)

YARD, REAR shall mean an open space across the full width of the lot between the rear lot line and the rear wall of the principal building. Where the lot is irregular or triangular in shape, the rear lot line shall be a line entirely within the lot not less than ten (10) feet in length and parallel to and most distant from the front lot line. See Diagrams 7 and 9 (4/30/2002)

YARD, SIDE shall mean an open space, extending from front yard to rear yard between the side lot line and the principal building. See Diagrams 7 and 9 (4/30/2002)

YARD, REQUIRED OR MINIMUM YARD shall mean an open space between a lot line and the yard depth for rear and front yards and the yard width for side yards as stated for a zone in Sec. 6-205 in which no structure shall be located except as specifically permitted by these regulations. All lots shall contain the minimum dimensions as called for in Section 6-205. All yard minimums shall be contiguous to form an unbroken open space around the perimeter of a lot. The single side yard, and where applicable, combined side yards required dimensions for each of the residential zones are as follows: RA-4 single side yards shall not be less than 50 ft; RA-2 single side yard shall not be less than 35 ft.; RA-1 single side yard shall not be less than 25 ft.; R20 single side yard shall not be less than 15 ft. with the sum of the combined side yards not less than 35 ft.; R-12 single side yard shall not be less than 10 ft. with the sum of the combined side yards not less than 25 ft.; R-7 single side yard shall not be less than 5 ft with the sum of the combined side yards not less than 15 ft.; R-6 single side yard shall not be less than 5 ft. with the sum of the combined yards not less than 15 ft. for single and two-family dwellings and single side yard shall not be less than 25 ft. for residential buildings subject to special permit approval; R-MF single side yard shall not be less than 15 ft. for single and two-family dwellings and single side yard shall not be less than 50 ft. for residential buildings subject to special permit approval. (4/30/2002)

ZONING LOT AREA shall mean an area containing the minimum frontage, yard requirements, and area of the zone in which located.

       (b) The words "occupied" and "used" shall include the words "designed", "arranged" or "intended to be occupied or used".

MODERATE INCOME FAMILIES - families whose aggregate income, including the total of all current annual income of all family members from any source whatsoever at the time of certification, (but excluding the earnings of working minors attending school full-time) averaged for the preceding two years, shall not exceed the following multiple of median annual Town paid wages of all full-time employees and teachers of the Town of Greenwich during the preceding fiscal year. (3/2/88)

ADDITION TO AN EXISTING BUILDING - means any walled and roofed expansion to the perimeter of a building in which the addition is connected by a common load - bearing wall other than a fire wall. Any walled and roofed addition which is connected by a fire wall or is separated by independent perimeter load-bearing walls is considered new construction.

ADMINISTRATOR - means the Federal Insurance Administrator, to whom the Federal Emergency Management Agency has delegated the administration of the National Flood Insurance Program, (NFIP).

APPEAL - means a request for a review of the Zoning Enforcement Officer's interpretation of any provision of this section or a request for a variance.

AREA OF SPECIAL FLOOD HAZARD - is the land in the flood plain within a community subject to a one percent or greater chance of flooding in any given year. After detailed rate-making has been completed in preparation for publication of the FIRM, Zone A is usually refined into Zones A, AE, AO, A1-99, VE, VO and VI-30. The determination of flood hazard areas shall be based on the flood elevation shown on the FIRM map in conjunction with an up-to-date and accurate topographical survey of the site prepared by a Connecticut Licensed Professional Land Surveyor. Special Flood Hazard areas shall also include areas where the land surface elevation is lower than the base flood elevations as shown in the Flood Insurance Study, and the area is not protected from flooding by a natural or man-made feature. In no case shall the regulated area be closer to the source of flooding than that shown on the FEMA maps without revising or amending the maps in accordance with FEMA procedures.

BASE FLOOD - means the flood having a one percent chance of being equaled or exceeded in any given year.

BASEMENT - means that portion of a building having its floor subgrade (below ground level) on all sides.

BREAKAWAY WALL - means a wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or the supporting foundation system.

BUILDING - means any structure build for support, shelter or enclosure for any occupancy or storage.

COASTAL HIGH HAZARD AREA - means the area subject to high velocity waters caused by, but not limited to, hurricane wave wash. The area is designated on a FIRM as Zone VI-30, VE or V.

DEVELOPMENT - means any man-made change to improved or unimproved real estate, including, but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavating, drilling operations, or permanent storage of equipment or materials.

ELEVATED BUILDING - means a building without a basement built to have the lowest floor elevated the above ground level by means of fill, solid foundation perimeter walls, pilings, columns (posts and piers), shearwalls, or breakaway walls, as allowed under applicable standards.

FLOOD OR FLOODING - means a general and temporary condition of partial or complete inundation of normally dry land areas due to the overflow of inland or tidal water and/or the unusual and rapid accumulation or runoff of surface waters from any source.

FLOOD INSURANCE RATE MAP - means an official map of a community on which the Federal Emergency Management Agency has delineated both the areas of special ' flood hazard and the applicable risk premium zones.

FLOOD INSURANCE STUDY - is the official report (dated February 22, 1999) by the Federal Emergency Management Agency. The report contains flood profiles as well as the Flood Insurance Rate Map and the water surface elevation of the base flood.

FLOODWAY - means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.

FLOOR - means the top surface of an enclosed area in a building (including basement) i.e. top of slab in concrete slab construction or top of wood flooring in wood frame construction. The term does not include the floor of a garage used solely for parking of vehicles.

FUNCTIONALLY DEPENDENT FACILITY - means a facility which cannot be used for its intended purpose unless it is located in close proximity to water, such as a docking or port facility necessary for the loading and unloading of cargo or passengers, shipbuilding, ship repair, or seafood processing facilities. The term does not include long term storage, manufacture, sales or service facilities.

FREE BOARD - the distance from the water surface to the top of the facility. It provides a factor of safety usually expressed in feet above a flood level for purposes of flood plain management. Freeboard tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, bridge openings and the hydrological effect of urbanization of the watershed.

LOWEST FLOOR - means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable, solely for parking of vehicles, building access or storage, in an area other than a basement area is not considered a building's lowest floor. In Special Flood Hazard areas, these areas must be designed in accordance with Section 6-139.19 (f) (11) (D) of these regulations and with the definition of elevated Buildings and Section 31 of these regulations.

MANUFACTURED HOME - means a structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. The term also includes recreational vehicles, park trailers, travel and recreational trailers, and similar transportable structures placed on a site for 18 consecutive days or longer and intended to be improved property.

MANUFACTURED HOME PARK OR SUBDIVISION - means a parcel, or contiguous parcels of land divided into two or more manufactured home lots for rent or sale.

MEAN SEA LEVEL - means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum, (NGVD 1929) or other datum, to which base flood elevations shown on the community's Flood Insurance Rate Map are referenced.

NATIONAL GEODETIC VERTICAL DATUM (NGVD) - as corrected in 1929 is a vertical control used as a reference for establishing varying elevations within the flood plain.

NEW CONSTRUCTION - means structure for which the "start of construction" commenced on or after the effective date of this section. (8/19/986)

RECREATIONAL VEHICLE - means a vehicle which is: a) built on a single chassis, b) 400 square feet or less when measured at the largest horizontal projection, c) designed to be self-propelled or permanently towable by a light duty truck; and, d) designed primarily not for use as a permanent dwelling, but as temporary living quarters for recreational, camping travel, or seasonal use.

REGULATORY FLOODWAY - means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot.

RIVERINE - means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.

SAND DUNES - means naturally occurring accumulations of sand ridges or mounds landward of the beach.

SPECIAL FLOOD HAZARD AREAS - the determination of flood hazard areas shall be based on the flood elevation shown on the FIRM map in conjunction with an up-to-date and accurate topographical survey of the site prepared by a Connecticut Licensed Professional Land Surveyor. Special Flood Hazard areas shall also include areas where the land surface elevation is lower than the base flood elevations as shown in the Flood Insurance Study, and the area is not protected from flooding by a natural or man made feature. In no case shall the regulated area be closer to the source of flooding than that shown on the FEMA maps without revising or amending the maps in accordance with FEMA procedures.

START OF CONSTRUCTION - (for other than new construction or substantial improvements under the Coastal Barrier Resources Act (P.L. 97-348), includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, or improvement was within 180 days of the permit date. The actual start means the first placement or permanent construction of a structure (including a manufactured home) on a site such as the pouring of slabs or footings, installation of piles, construction of columns, or any work beyond the stage of excavation or placement of a manufactured home on a foundation. Permanent construction does not include land preparations, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundation or the erection of temporary forms; nor does it include the installation on the property or accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure.

STRUCTURE - means a walled and roofed building that is principally above ground, a manufactured home, a gas or liquid storage tank, or other man-made facilities or infrastructures.

SUBSTANTIAL DAMAGE - means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.

SUBSTANTIAL IMPROVEMENT - means any combination of repairs, reconstruction, alteration, or improvements to a structure taking place during the life of a structure, in which the cumulative costs equal or exceeds fifty percent of the market value of the structure. The market value of the structure should be (1) the appraised value of the structure (using the cost approach to value) prior to the start of the initial repair or improvement, or (2) in the case of damage, the value of the structure prior to the damage occurring. For purposes of this definition, "Substantial Improvement" is considered to occur when the first alteration (after 8/19/86) of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the extended dimensions of the structure. The term does not however, include any improvement project required to comply with existing health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions. Separate conditions govern any alteration of a structure listed on the National Register of Historical Places of the State Inventory of Historical Places.

VARIANCE - is a grant of relief from the requirements of this ordinance which permits construction in a manner otherwise prohibited by this ordinance where specific enforcement would result in unnecessary hardship.

WATER SURFACE ELEVATION - means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929, (or other datum, where specified) of floods of various magnitudes and frequencies in the flood plains of coastal or riverine areas.

ADEQUATE CAPACITY : Capacity is considered to be "adequate" if the Grade of Service (GOS) is p.01 or better for median traffic levels offered during the typical busy hour, as assessed by direct measurement of the Personal Wireless Service Facility in question. The GOS shall be determined by the use of standard Erlang B Calculations. As call blocking may occur in either the landline or radio portions of a wireless network, Adequate Capacity for this regulation shall apply only to the capacity of the radio components. Where Adequate Capacity must be determined prior to the installation of the Personal Wireless Services Facility in question, Adequate Capacity shall be determined on the basis of the busiest hour of the surrounding existing cell sites.

ADEQUATE COVERAGE : Coverage is considered to be "adequate" within that area surrounding a Base Station where the predicted or measured median field strength of the transmittal signal is greater than or equal to - 85dbm for at least 95% of the intended coverage area. It is acceptable for there to be "holes" within the area of Adequate Coverage where the signal is less than -85dbm, as long as the signal regains its strength to greater than or equal to -85dbm farther away from the Base Station within the cell. For the limited purpose of determining whether the use of a Repeater is necessary or desirable, there shall be deemed not to be Adequate Coverage within said holes. The outer boundary of the area of Adequate Coverage, however, is that location past which the signal does not regain a strength of greater than or equal to -85dbm.

ALTERNATIVE TOWER STRUCTURE Includes such things as man-made trees, clock towers, flag poles, bell steeples and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.

ANTENNA A device used to collect, transmit and/or receive electromagnetic telecommunication or radio signals. Examples include panels, satellite dish antennas, parabolic (microwave) dishes and single pole devices.

BASE STATION : the primary sending and receiving site in a wireless telecommunication network.

CAMOUFLAGED A wireless communication facility that is significantly disguised, hidden, part of an existing or proposed structure, or placed within an existing or proposed structure is considered "camouflaged." Flush mounted antennas painted to match a structure will be considered camouflaged as part of an existing or proposed structure as well as rooftop equipment cabinets that appear similar to other rooftop equipment units.

CARRIER A company that provides wireless services.

CO-LOCATION The use of a single mount on the ground by more than one carrier (vertical co-location) and/or several mounts on an existing building or structure by more than one carrier.

       Commission: The Planning and Zoning Commission of the Town of Greenwich.

DBM a measure of radio frequency signal power referenced to 1 milliwatt that indicates the relative loudness in relationship to the reference. For example, the level of 30 dbm is 30 db above 1 milliwatt which is 1 watt.

ELEVATION The elevation at grade or ground level shall be given in Above Mean Sea Level (AMSL). The height of a wireless service facility shall be given in Above Ground Level (AGL). AGL is a measurement of height from the natural grade of a site to the highest point of a structure. The maximum elevation of the wireless service facility is AGL plus AMSL.

ENVIRONMENTAL ASSESSMENT (EA) An EA is the document required by the Federal Communications Commission (FCC) and the National Environmental Policy Act (NEPA) when a wireless communication facility is placed in certain designated areas.

EQUIPMENT SHELTER An enclosed structure, cabinet, shed or box where the batteries and electrical equipment are housed.

FALL ZONE The area on the ground within a prescribed radius from the base of a wireless communication facility. The fall zone is the area within which there is a potential hazard from falling debris (such as ice) or collapsing material.

GRID SYSTEM A network of wireless communications facilities comprising the geographic service region of a wireless provider.

LICENSED CARRIER A company authorized by the FCC to construct and operate a wireless communication facility.

MOUNT The structure or surface upon which antennas are mounted, including the following four types of mounts: Roof mounted - on the roof of a building. Side mounted - on the side of a building. Ground mounted Tower - mounted on the ground (see Tower), and Structure mounted - mounted on a structure other than a building.

MONOPOLE A freestanding tubular tower.

OMNI-DIRECTIONAL (WHIP) ANTENNA A thin rod that beams and receives a signal in all directions. These antennas shall not exceed 20 feet in height or 7" in diameter unless otherwise permitted by the Commission.

PANEL ANTENNA A flat surface antenna usually developed in multiples. A directional or panel antenna shall not exceed 6 feet in height or 2 feet in width unless otherwise permitted by the Commission.

PERSONAL WIRELESS SERVICES Commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services. These services include: cellular services, personal communication services (PCS), specialized mobile radio services, and paging services.

RADIO FREQUENCY ENGINEER An engineer specializing in electrical or microwave engineering, especially the study of radio-frequencies.

RADIO FREQUENCY RADIATION (RFR) The emissions from a wireless telecommunications service facility.

REGULATED FACILITY, SERVICE AND/OR SITE The equipment, towers, mount, antennas and other telecommunication structures subject to local zoning regulation. This includes all telecommunication services not exempt from local regulation under the provisions of the Connecticut General Statutes and the authority of the Connecticut Siting Council or not exempt from local regulation pursuant to the Telecommunication Act of 1996 or such other federal legislation or a federal authority.

REPEATER A small receiver/relay transmitter of not more than 20 watts output designed to provide service to areas that are not able to receive adequate coverage directly from a base station.

SATELLITE EARTH STATION ANTENNA : A parabolic dish and appurtenant tower or other antenna, tower or

       device the purpose of which is to receive, distribute or transmit a variety of signals in the form of microwaves to or from orbiting satellites or other extra-terrestrial or terrestrial sources.

SATELLITE AND MICROWAVE DISH ANTENNAS Shall not exceed 2 meters, (6.56 feet) in diameter. Building or rooftop mounted antennas shall be located so as not to be visible from abutting public streets or adjoining residences.

SECURITY BARRIER A security system which may include a locked, impenetrable wall, or fence that is designed to secure an area.

SEPARATION The distance between one carrier's array of antennas and another carrier's array.

TEMPORARY PERSONAL WIRELESS COMMUNICATION FACILITY : A facility that is to be placed in use for a limited amount of time, is not deployed in a permanent manner, and does not have a permanent foundation. The temporary facility must meet the FCC guidelines for RFR levels. Temporary facilities for less than 30 days shall be permitted with a letter from the applicant. For facilities to be installed for more than 30 days, a fuller explanation of the need for the temporary facility shall be included in the applicant's letter.

TOWER Any structure that is designed and constructed primarily for the purpose of supporting and/or acting as one or more antennas for telephone, radio, television, paging and similar communication purposes. This term includes but is not limited to:

GUYED TOWER A monopole tower or lattice tower that is tied to the ground or other surface by diagonal cables.

LATTICE TOWER A type of mount that is self-supporting with multiple legs and cross bracing of structural steel.

MONOPOLE TOWER: The type of mount that is self-supporting with a single shaft of wood, steel, fiberglass, concrete or other material and a platform (or racks) for panel antennas arrayed at the top.

COMMISSION shall mean the Planning and Zoning Commission of the Town.

DRAINAGE MANUAL shall mean the drainage manual of the Town prepared, approved, adopted and as amended from time to time by the Commissioner of Public Works, which sets forth design standards for all drainage projects in the Town.

EASEMENT shall mean the authorization by a property owner for the use of another, and for a specified purpose, of any designated part of his property.

LOT shall mean a separately identified parcel of land designed or intended for separate ownership, occupation or use.

PLAN OF DEVELOPMENT shall mean the plan of development of the Town adopted by the Commission and approved by the Representative Town Meeting in accordance with the Planning and Zoning Act, Special Act 469 of 1951, as amended on June 8, 1964, together with any amendments and additions thereto.

RESUBDIVISION shall mean a change in a map of an approved or recorded subdivision or resubdivision if such change: (2/8/91)

       (A) Materially affects any street layout or the layout of any private way shown on such map; (3/9/81)

       (B) Affects any area reserved thereon for common use; or, (3/9/81)

       (C) Materially diminishes the size of any lot shown thereon as defined in this Article, if any of the lots shown thereon have been conveyed after the approval or recording of such map;

       (D) Substantially alters the shape of any lot so as to eliminate the septic and/or the septic system reserve area without substituting another approved by the Health Dept. (3/9/81)

STREET shall mean any public or private way approved by the Commission permanently dedicated to movement of vehicles and pedestrians and providing the principal means of access to abutting property. The words shall not include private driveways and rights-of-way.

STREET, LOCAL shall mean a street which serves or will serve, primarily, only those properties having frontage on it, and which does not or will not carry through traffic from surrounding areas, and any street shown as a local street on the Plan of Development.

STREET, MAJOR shall mean a street which is used primarily as a route for traffic between communities or large sections of the Town, and any street shown as a major street on the Plan of Development.

STREET, SECONDARY shall mean a street which collects or will collect traffic from local streets and which carries, or will carry, through traffic from surrounding areas, and any street shown as a secondary street on the Plan of Development.

STREET DESIGN MANUAL shall mean the street design manual of the Town prepared, approved, adopted and as amended from time to time by the Commissioner of Public Works, which sets forth design standards for all streets in the Town.

STREET INTERSECTION shall mean the crossing, or meeting without crossing, of one (1) street with another.

STREET PAVEMENT shall mean the wearing or exposed surface of the street used by vehicular traffic.

STREET RIGHT-OF-WAY shall mean the area between property lines reserved for use of any street. Its width shall be measured at right angles to or radial to the center line of the street.

SUBDIVISION shall mean the division of a tract or parcel of land into two (2) or more parcels or lots for the purpose, whether immediate or future, of sale or building development expressly excluding development for agricultural purposes, and includes resubdivision. (5/4/2005)

ZONING REGULATIONS shall mean this Chapter of the Building Zone Regulations of the Town.

ACT means the Inland Wetlands and Watercourses Act of the State of Connecticut, C.G.S. Sections 22a-36 through 22a-45 as amended.

AGENCY means the Inland Wetlands and Watercourses Agency of the Town of Greenwich.

AGENCY STAFF means the professional staff employed by the Town to administer the application and permitting process for the Agency and to advise the Agency on technical matters.

AGENT with respect to the Agency means a professional staff member of the Agency, "duly authorized agent" means an individual(s) designated by the Agency to carry out its functions and purposes and, with respect to the applicant, means any person authorized in writing to act in the applicant's behalf.

BOGS are areas usually distinguished by trees and shrubs underlain by peat deposits, poor drainage, and highly acidic conditions.

BUFFER means an undisturbed natural area adjacent to the edge of a wetland and/or a watercourse

CLEAR-CUTTING means the harvest or removal of timber in a fashion which removes substantially all trees two inches or greater in diameter at breast height from wetlands and watercourses, upland review area, or any other area which may affect wetlands and watercourses.

COMMISSIONER OF ENVIRONMENTAL PROTECTION means the Commissioner of the State of Connecticut's Department of Environmental Protection.

CONTINUAL FLOW means a flow of water that persists for an extended period of time; this flow may be interrupted during periods of drought or during the low flow period of the annual hydrological cycle, June through September, but it recurs in prolonged succession.

DEPOSIT includes, but shall not be limited to fill, grade, dump, place, discharge or emit.

DISCHARGE means the emission of any water, substance or materials into waters of the Town, whether or not such substance causes pollution.

DISTURBING THE NATURAL AND INDIGENOUS CHARACTER OF THE WETLAND OR WATERCOURSE means any activity that disturbs or alters an inland wetland or watercourse by reason of removal or deposition of material, altering or obstructing water flow, changing the character of the vegetation through cutting or clearing, or causing pollution.

ESSENTIAL TO THE FARMING OPERATION means that the activity proposed is necessary and indispensable to sustain farming activities on the farm.

FARMING means use of land for the growing of crops, raising of livestock or other agricultural use.

FEASIBLE means able to be constructed or implemented consistent with sound engineering principles.

FLOODPLAIN means the area bordering a watercourse or wetland subject to flooding. The 100 year floodplain and special flood hazard areas have been determined for certain watercourses in the Flood Insurance Study, Town of Greenwich Connecticut prepared by the Federal Emergency Management Agency (FEMA) and are shown on the official flood insurance rate maps (FIRM) and flood hazard boundary maps of the Town as amended.

HABITAT means areas or environments in which an organism or biological population normally lives or occurs.

INTERMITTENT WATERCOURSES are characterized by and shall be delineated by a defined, permanent channel and bank and the occurrence of two or more of the following characteristics: (a) evidence of scour or deposits of recent alluvium or detritus (b) the presence of standing or flowing water for a duration longer than a particular storm incident, and/or (c) the presence of hydrophytic vegetation.

INTERVENE means to submit a verified pleading in accordance with CGS Section 22a-19.

LANDSCAPING means the modification of the land surface by altering the plant cover.

LICENSE means the whole or any part of any permit, certificate of approval or similar form of permission which may be required of any person by the provisions of sections 22a- 36 to 22a-45, inclusive.

MANAGEMENT PRACTICE means a practice, procedure, activity, structure or facility designed to prevent or minimize pollution or other environmental damage or to maintain or enhance existing environmental quality. Such management practices include, but are not limited to: erosion and sedimentation controls; restrictions on land use or development; construction setbacks from wetlands or watercourses; proper disposal of waste materials; procedures for equipment maintenance to prevent fuel spillage; construction methods to prevent flooding or disturbance of wetlands and watercourses; procedures for maintaining continuous stream flows; confining construction that must take place in watercourses to times when water flows are low and fish and wildlife will not be adversely affected.

MARSHES are areas with soils that exhibit aquic moisture regimes and are distinguished by the absence of trees and shrubs and the dominance of soft-stemmed herbaceous plants. The water table in marshes is at or above the ground surface throughout the year and areas of open water six inches or more in depth are common, but seasonal water table fluctuations are encountered.

MATERIAL means any substance, solid or liquid, organic or inorganic, including, but not limited to soil, sediment, aggregate, land, gravel, clay, bog, mud, debris, sand, refuse or waste.

MUNICIPALITY means the Town of Greenwich, Connecticut.

NURSERIES means land used for the propagating of trees, shrubs or other plants for transplanting, sale, or for use as stock for grafting.

PERMIT means the whole or any part of any license, certificate or approval or similar form of permission which may be required of any person by the provisions of these regulations and the Act or other municipal, state and federal law.

PERMITTEE means the person to whom a permit has been issued.

PERSON means any person, firm, partnership, association, corporation, limited liability company, company, organization or legal entity of any kind, including municipal corporations, governmental agencies or subdivisions thereof.

POLLUTION means harmful thermal effect or the contamination or rendering unclean or impure of any of the waters of the Town by reason of any waste or other materials discharged or deposited therein by any public or private sewer or otherwise so as to directly or indirectly come in contact with any waters. This includes, but is not limited to, erosion and sedimentation resulting from any filling, land clearing or excavation activity.

PRUDENT means economically and otherwise reasonable in light of the social benefits to be derived from the proposed regulated activity provided cost may be considered in deciding what is prudent and further provided a mere showing of expense will not necessarily mean an alternative is imprudent.

REGULATED ACTIVITY means any operation within or use of a wetland or watercourse involving removal or deposition of material, or any obstruction, construction, alteration or pollution, of such wetlands or watercourses, but shall not include the specified activities in section 22a-40 of the Connecticut General Statutes or in section 4 of these regulations. Furthermore, any clearing, grubbing, filling, grading, paving, excavating, constructing, depositing, or removing of material and discharging of storm water on the land within the upland review areas is a regulated activity. The Agency may determine that any other activity located within such upland review area or in any other non-wetland or non-watercourse area is likely to impact or affect wetlands or watercourses and is a regulated activity.

REGULATED AREA means any wetland or watercourse as defined by these regulations.

REGULATIONS means the Inland Wetlands and Watercourses Regulations of the Town of Greenwich, as amended.

REMOVE includes, but shall not be limited to drain, excavate, mine, dig, dredge, suck, bulldoze, drag line or blast.

RENDERING UNCLEAN OR IMPURE means any alteration of the physical, chemical, or biological properties of any of the waters of the Town, including, but not limited to change in odor, color, turbidity, temperature or taste.

SIGNIFICANT IMPACT ACTIVITY means any activity, including but not limited to the following activities, which may have an adverse effect or significant impact upon wetland and watercourse systems:

       a. Any activity involving deposition or removal of material that will or may have an effect or significant impact on the regulated area or on another part of the inland wetland or watercourse system.

       b. Any activity that alters the natural channel or may inhibit the natural dynamics of a watercourse system.

       c. Any activity that diminishes the natural capacity of an inland wetland or watercourse to support desirable fisheries, wildlife or other biological life; prevent flooding; supply water; assimilate waste; facilitate drainage; provide recreation or open space; or perform other functions.

       d. Any activity that is likely to cause or has the potential to cause turbidity, siltation or sedimentation in a wetland or watercourse.

       e. Any activity that causes a diminution of flow of a natural watercourse or groundwater levels of the regulated area.

       f. Any activity that is likely to cause or has the potential to cause pollution of a wetland or watercourse.

       g. Any activity that damages or destroys unique wetland or watercourse areas or such areas having demonstrable scientific or educational value.

       h. Any activity that may result in lowering the water quality of a wetland or watercourse below the water quality goals established by the Department of Environmental Protection of the State of Connecticut.

SOIL SCIENTIST means an individual duly qualified in accordance with the standards set by the Federal Office of Personnel Management.

SWAMPS are areas with soils that exhibit aquic moisture regimes and are distinguished by the dominance of wetland trees and shrubs.

SUBMERGED LANDS means those lands that are inundated by water on a seasonal or more frequent basis.

TOWN means the Town of Greenwich, Connecticut.

UPLAND REVIEW AREA means any area:

       a. Within 100 feet measured horizontally from the boundary of any wetland or watercourse, or

       b. Within 150 feet measured horizontally from the boundary of any wetland or watercourse, located within any public water supply watershed, or

       c. Within 200 feet measured horizontally from the mean high water mark of any public water supply reservoir.

       d. Any area defined by the agency or the agency's staff after an initial review of materials submitted by an applicant that is greater than the above mentioned distances due to special circumstances that may include, but shall not be limited to: steep slopes, impervious surfaces, topographical features, or any other reason the agency's staff or agency may deem necessary to include for the purpose of conducting its review operations.

VERNAL means appearing or occurring in the spring.

VERNAL POOL means a seasonal or permanent watercourse in a defined depression or basin that lacks a fish population and supports or is capable of supporting breeding and development of amphibian or invertebrate species recognized as obligate to such watercourses.

WASTE means sewage or any substance, liquid, gaseous, solid or radioactive, which may pollute or tend to pollute any of the waters of the Town.

WATERCOURSES means rivers, streams, brooks, waterways, lakes, ponds, marshes, swamps, bogs and all other bodies of water, natural or artificial, vernal or intermittent, public or private, which are contained within, flow through or border upon the Town or any portion thereof, not regulated pursuant to sections 22a-28 to 22a-35 inclusive of the Connecticut General Statutes. For purposes of this section, "watercourses" include aquatic, plant or animal life, and habitats, in watercourses.

WETLANDS means land, including submerged land as defined in this section, not regulated pursuant to sections 22a-28 to 22a-35 inclusive of the Connecticut General Statutes, which consist of any of the soil types designated as poorly drained, very poorly drained, alluvial and floodplain by the National Cooperative Soils Survey, as it may be amended from time to time, of the Natural Resource Conservation Service of the U. S. Department of Agriculture (USDA). Such areas may include filled, graded, or excavated sites that possess an aquic (saturated) soil moisture regime as defined by the USDA Cooperative Soil Survey. For purposes of this section, "wetlands" include aquatic, plant or animal life, and habitats, in wetlands.