ACCESSORY BUILDING OR USE : A building or use which
1 Is subordinate to and serves a principal building or use; and
2 Is subordinate in area, extent, or purpose to the principal building or principal use served; and
3 Is located on the same zoning lot as the principal building or use served.
APARTMENT : A residential structure containing not less than 4 dwelling units, or a group of such buildings.
AREA OF SPECIAL FLOOD HAZARD : The land in the flood plain within a community subject to a one percent or greater chance of flooding in any given year.
BASE FLOOD : The flood having a one percent chance of being equaled or exceeded in any given year.
BASEMENT : That portion of a building, the ceiling of which is entirely below, or less than 4 feet above, adjoining grade. No basement or portion thereof shall be used as a complete dwelling unit, and a basement shall not be included in floor area or height measurement requirements of these regulations.
BUILDING : An independent structure having a roof, and including shed, garage, stable, greenhouse, or other accessory building. A detached building is one separated on all sides from adjacent buildings by open spaces from the ground up.
BUILDING LINE : A legally established line, between which and the public right of way no structure may be constructed.
CEDAR MOUNTAIN TRAPROCK RIDGELINE : means the line on the Cedar Mountain traprock ridge created by all points at the top of a fifty per cent slope, which is maintained for a distance of fifty horizontal feet perpendicular to the slope and which consists of surficial basalt geology, identified on the map prepared by Stone et al., United Stated Geological Survey, entitled Surficial Materials Map of Connecticut The base map for traprock ridgeline topographic delineation shall be the current publicly available Metropolitan District Commission maps for the Town of Newington. (Effective 5-20-05)
RIDGELINE SETBACK AREA : means the area bounded by (A) a line that parallels the ridge line at a distance of one hundred fifty feet on the more wooded area of the ridge, and (B) the contour line where a ridge of less than fifty percent is maintained for fifty feet or more on the rockier side of the slope. Manmade slopes of 50% or greater shall not be considered as a part of any traprock ridgeline. The burden of proof that such a slope area is manmade shall be on an applicant who owns or desires to use the property containing such slopes. (Effective 5-20-05)
CERTIFICATE OF ZONING COMPLIANCE : A statement, signed by the Enforcement Officer, setting forth either that a building or structure complies with the zoning regulation or that a building, structure or parcel of land may be lawfully employed for specified uses, or both.
CLUB : An organization of persons incorporated pursuant to law, which is the owner, leasee or occupant of an establishment operated solely for the recreational, social, patriotic, benevolent or athletic purposes, but not for pecuniary gain, and includes the establishment so operated.
COMMISSION : The Newington Town Plan and Zoning Commission.
COUNTRY CLUB : A private membership organization for outdoor recreation.
DECK: A platform or floor which maybe free standing or maybe attached to the principal structure shall be considered a part of the principal structure and shall comply with all yard setback requirements excluding decks constructed as part of an above or in ground pool.
DEVELOPMENT : Any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations.
DUPLEX HOUSES : Two dwellings under one roof at the same level. Each unit within a duplex structure shall have a minimum lot area of 4,000 square feet.
DWELLING : A building or portion thereof designed exclusively for residential occupancy; including one-family, two-family and multiple dwellings, but not including hotels, motels or boarding houses.
DAY CARE CENTER : Family Day Care Homes, Group Day Care Homes, Child Day Care: A place in which three or more children, not of common parentage, between the ages of six months and 14 years, who stay for a period exceeding one (1) hour during any day each week, irrespective of compensation or regards.
FAMILY : One or more persons occupying a single housekeeping unit and using common cooking facilities, provided that unless all members are related by blood or marriage, no such family shall consist of more than 5 persons.
FARM : A parcel of land containing not less than 5 acres, used for raising crops and/or livestock and poultry, and including dairy farms, plant nurseries and green houses.
FARMERS' ROADSIDE STAND : A temporary table or bench having a maximum area of 40 square feet which must be removed as soon as use produce grown on the premises has been seasonally disposed of. to be used for housekeeping rather than transient occupancy. Such units are prohibited.
FLOOD OR FLOODING : A general and temporary condition of partial or complete inundation of normally dry land areas from:
1. The overflow of inland or tidal waters; and/or
2. The unusual and rapid accumulation or runoff of surface waters from any source.
FLOOD INSURANCE RATE MAP (FIRM) : The official map on which the Federal Emergency Management Agency has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.
FLOOD INSURANCE STUDY : The official report provided by the Federal Emergency Management Agency that includes flood profiles, the flood boundary floodway map, and the water surface elevation of the base flood.
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 vehicles.
FLOODWAY : 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 AREA, RESIDENTIAL : The sum of the horizontal area of the several floors of a dwelling measured from the outside, excluding cellar floor areas, basement rooms, garages, porches, open attics or unfinished rooms. In split-level houses, the first 2 levels may be counted as one floor, provided the difference in floor levels is less than 5 feet.
GARAGE : Every place of business where motor vehicles are, for compensation, received for housing, storage or repair.
GARAGE, PARKING : A multilevel structure which provides spaces for passenger vehicles and light trucks. A parking garage shall be located on the same lot with the principal use it serves or it may be an accessory use providing joint parking for two or more principal uses within a radius of 500 feet.
GARAGE, PRIVATE : An accessory, building for housing not more than 2 motor vehicles, one of which may be a commercial motor vehicle of not over one ton registered capacity. Garage space may be provided for one additional motor vehicle for each 3,000 square feet of lot area in excess of 14,000 square feet.
HEIGHT OF BUILDING : The vertical distance measured from the average level of the finished grade at the 4 corners of the building to the highest point of the roof for flat roofs; the deck line for mansard roofs; and to the mean height (level) between eaves and ridge for gable, hip or gambrel roofs.
HELIPAD FACILITY : A privately owned and operated facility that is designated for the landing and. take-off of noncommercial privately owned helicopters. Such facility shall comply with all applicable State and Federal laws and regulations.
HOME OCCUPATION : Any use customarily conducted entirely within a dwelling unit, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and carried on by the residents of the premises and no more than one non-resident employee. Such use must occupy a floor area not more than 25% of the floor area of the dwelling unit; must not create a nuisance, odor, noise, glare, vibration, or safety hazard noticeable off the premises; there shall be no outside storage of material or display of stock-in-trade; no exterior evidence of the activity carried on shall be visible from outside the building; and shall not include the sale of articles not made or assembled on the premises.
HOTEL : Any building having 10 or more sleeping rooms or where accommodations for more than 20 persons are provided; in which building, for compensation, lodging is provided with or without meals.
JUNK : Any refuse, waste, or discarded material of any type or kind.
JUNKYARD : Any land or building used in whole or in part for the collecting, storage, and/or sale of waste paper, rags, scrap metal, or other similar material and including an automobile junkyard as defined by State law, but not including Town refuse disposal areas.
LOT : A parcel of land which is or may be occupied by a building, building groups and accessory buildings, including the open spaces required under these regulations.
LOT, CORNER A lot abutting 2 or more streets at their intersection.
LOT DEPTH : The mean horizontal distance between the front lot line and the rear lot line.
LOT FRONTAGE : That portion of a lot nearest the street as measured at the street right-of-way. Where the side lines diverge from the street toward the rear of the lot, the lot frontage may be considered the distance between the side lines at the front yard line. Where the side lines converge from the street toward the rear of the lot, the average width measured at right angles to the lot depth shall not be less than the required frontage. On rear lots, the rear lot line of the front lot is the frontage of the rear lot.
LOT, INTERIOR A lot, the side lines of which do not abut the street.
LOT OF RECORD : An area of land designated as a lot on an approved plot or subdivision as described on a deed duly recorded according to statue.
LOT THROUGH : An interior lot having frontage on 2 streets.
LOT, ZONING : A single tract of land located within a single block which at the time of filing for the building permit is designed by its owner or developer as a tract to be used, developed, or built upon as a unit, under singled ownership or control, and therefore may not coincide with a lot of record. Except where specifically indicated as a lot of record, all lots referred to in these regulations are zoning lots.
LOWEST FLOOR means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistance 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.
MIXED OCCUPANCY : Occupancy of a building or land for more than one use.
MANUFACTURED HOME : A structure, transportable in one or more sections, which is built on a permanent foundation and attached to the required utilities. The term does not include recreational vehicles, such as park trailers, travel trailers and or mobile homes.
MOTEL, EFFICIENCY UNIT : A dwelling unit which provides a sleeping room and a kitchen or other food preparation area which is equipped with facilities that may include but not limited to refrigerator, stove, microwave oven or hot plate intended to be used for housekeeping rather than transient occupancy. Such units are prohibited.
MOTELS, MOTOR COURTS, TOURIST COURTS : Any building having 2 or more sleeping rooms for the accommodation of transient guests, with a separate entrance for each rental unit.
NEW CONSTRUCTION : Structures for which the "start of construction" (see definition, following) commenced on or after the effective date of these regulations.
NONCONFORMING USE OR STRUCTURE : Any land, building or structure or their use which does not comply with all of the requirements of these regulations governing the zone in which it is located.
PASSENGER VEHICLE : Any automobile which is registered as a passenger vehicle by the Connecticut Department of Motor Vehicles.
PATIO HOUSES : A detached single family dwelling that is designed as part of a Residential Planned Zone development. Each patio house shall have a minimum lot area of 4,500 square feet.
PORCH : A roofed, open structure projecting from the front, side or rear wall of a building, and having no enclosed features of glass, wood or other material more than 30 inches above the floor thereof, except the necessary columns to support the roof.
RECREATIONAL VEHICLE : 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 a temporary living quarters for recreational, camping, travel, or seasonal use.
RESTAURANT (INCLUDING CAF AND ANY OTHER SIMILAR TYPE OF BUSINESS : A commercial structure where food is prepared and/or served for consumption within the building.
SERVICE BUILDING OR USE : A building or use which serves a principal building or use and is designed for community, health, personal and/or food service needs, provided that such uses are limited to the occupants of the principal building only.
SIGN, WALL MOUNTED BUSINESS : A sign which is attached to or painted on the building and directs attention to a business, commodity, service or entertainment conducted, sold, or offered within the building where such sign is located.
SIGN, FREE STANDING BUSINESS A sign which is located on the premises of the business, commodity, service or entertainment it advertises and is either erected on a standard or on the ground apart from the premises structures.
A-FRAME OR T-FRAME SIGN : A temporary sign not permanently mounted or attached to a structure or the ground
SIGN DIRECTIONAL : A sign which provides a notice to motorists or pedestrians directing them to the exit or entrance of a building, parking lot or public street. Directional signs shall not contain the name of the occupant or the use of the building.
SIGN, DIRECTORY : A sign which contains the listing of five (5) or more businesses or organizations elsewhere but not on the premises where such directory is located. Such directory shall state only the names of businesses or organizations and a distance, directional or street address location.
SIGNS, ADVERTISING : A sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than upon the premises where such a sign is located or to which it is affixed. Such signs are prohibited.
SINGLE FAMILY ENTRY LEVEL HOUSING : Means housing for which persons and families pay 30% or less of their gross annual income, where such income is less than or equal to 100% of the area median income for the municipality in which such housing is located, as determined by the U.S. Department of Housing and Urban Development. Housing shall be defined to include mortgage payments, taxes and insurance.
START OF CONSTRUCTION : Includes substantial improvement and means the . date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; not does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
STRUCTURE : A walled and roofed building that is principally above ground. This definition also includes a gas or liquid storage tank, as well as a manufactured home.
SUBSTANTIAL DAMAGE : 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 percent of the market value of the structure before the damage occurred.
STREET : Any way dedicated to public use and any way over which the public has a right of vehicular travel. The term "street" shall mean the entire public right-of-way and not the paved portion only.
STRUCTURAL ALTERATION : Any change in the supporting members of a building or structure, such as bearing wall, columns, beams or girders.
SUBSTANTIAL IMPROVEMENT : Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50% of the market value (as determined by the Town Assessor) of the structure either
1. Before the improvement or repair is started: or
2. If the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure.
The term does not, however, include either:
1. Any project for improvement of structure to comply with existing state or local health, sanitary, or safety code specification which are solely necessary to assure safe living conditions; or
2. Any alteration of a structure listed on the National Register of Historic Places or a state inventory of historic places.
TELEPHONE EXCHANGE : A structure with its equipment used or to be used for the purpose of facilitating transmission and exchange of telephone messages between subscribers.
TERRACE : A nature or artificial embankment between a structure and its lot lines.
TOWN HOUSES : Attached dwelling units, generally having at least two floors and attached to other similar units via party walls. Townhouses designed as part of a Planned Residential Zone development shall comply with this zone's overall density standards and shall provide a minimum of 2,000 square feet lot area per unit.
TRAFFIC AUTHORITY : The Town of Newington Traffic Authority.
USE, CHANGE OF : A change in occupancy or activity on land, building or structure from one type of lawful use to another lawful use, as a change from retail use to wholesale, warehouse use to industrial use, or industrial use to office use.
VARIANCE : A variance is granted by the Zoning Board of Appeals upon the finding of hardship specifically related to a single property. Approval of the variance gives the property owner the right to use his property in a manner which does not confirm to the Regulations.
VEHICLE : Any device suitable for the conveyance, drawing or other transportation of persons or property, whether operated on wheels, runners, cushion of air between it and the surface or by any other means, except those propelled or drawn by human power, or those used exclusively upon tracks.
VEHICLE, PARKED : A car which occupies the same space for less than 24 hours.
VEHICLE, STORED : A car whether or not in operating condition, which occupies the same space, or space on the same lot or in the same building for more than 24 hours.
ADULT ORIENTED ESTABLISHMENT :
Shall include, without limitation, "adult bookstores", adult motion picture theaters", adult mini-motion picture theaters" and further means any premises to which the public patrons or members are invited or admitted and which are so physically arranged as to provide booths, cubicles, rooms, studios, compartments or stalls separate from the common areas of the premises for the purpose of viewing adult-oriented motion pictures, adult cabaret, or herein an entertainer provides adult entertainment to a member of the public, a patron or a member, when such adult entertainment is held, conducted, operated or maintained for a profit, direct or indirect. An "adult-oriented establishment" further includes, without limitation, any "adult entertainment studio" or any premises that are physically arranged and used as such, whether advertised or represented as an adult entertainment studio, rap studio, exotic dance studio, encounter studio, sensitivity studio, modeling studio or any other term or like import.
ADULT BOOKSTORE :
An establishment having a substantial or significant portion of its stock and trade in books, films, video cassettes, or magazines and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to "Specified Sexual Activities" as defined below, and in conjunction therewith has facilities for the presentation of adult material, as defined below, and including adult-oriented films, movies or live entertainment, for observation by patrons therein.
ADULT MOTION PICTURE THEATER :
An enclosed building with a capacity for fifty (50) or more persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to "Specified Sexual Activities" or "Specified Anatomical Areas", as defined below, for observation by patrons therein.
ADULT MINI-MOTION PICTURE THEATER
An enclosed building with a capacity for less than fifty (50) persons regularly used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to "Specified Sexual Activities" or "Specified Anatomical Areas", for observation by patrons therein.
ADULT CABARET
An establishment such as but not limited to a nightclub, bar, restaurant, or similar establishment that regularly features live performances, that are characterized by the exposure of "Specific Anatomical Areas" or by "Specified Sexual Activities", or films, motion pictures, video cassettes, slides or other photographic reproductions in which a substantial portion of the total presentation time is devoted to the showing of material that is characterized by any emphasis upon the depicting, describing or relating to "Specified Sexual Activities" or "Specified Anatomical Areas", for observation by patrons therein.
ADULT MATERIAL :
Shall include but is not limited to accessories, books, films, video cassettes, or live entertainment, for observation by patrons therein, or magazines and other periodicals or any combination thereof which are distinguished or characterized by their emphasis on matter depicting, describing or relating to "Specified Sexual Activities" or "Specified Anatomical Areas" as defined herein.
SUBSTANTIAL OR SIGNIFICANT ADULT MATERIAL IN STOCK OR TRADE
Shall be defined as an adult oriented establishment having more that twenty five percent (25%) of its " stock or trade devoted to adult material as defined herein.
SPECIFIED ANATOMICAL AREAS :
A. Less than completely and opaquely covered:
.Human genitalia and pubic region;
.Buttocks, anus;
.Female breast below a point immediately above the top of the areola.
B. Human genitalia in a discernibly turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES :
A. Human genitalia in a state of sexual stimulation or arousal;
B. Acts of human masturbation, sexual intercourse or sodomy;
C. Fondling or other erotic touching of human genitalia, pubic region, buttocks, anus or female breast.
SEXUAL ACTIVITIES :
As used in these regulations, this term is not intended to include any medical publications or films or bona fide educational publication or films, no does it include any art or photography publications which devote at least twenty five percent (25§,%) of the lineage of each issue to articles and advertisements dealing with subjects of art or photography. Nor does this definition apply to any news periodical which reports or describes current events and which, from time to time, publishes photographs of nude or semi-nude persons in connection with the dissemination of the news. Nor does this definition apply to publications or films which describe and report different cultures and which from time to time publish or show photographs or depictions of nude or semi-nude persons when describing cultures in which nudity or semi-nudity is indigenous to the population.
COMMISSION means the Town Plan and Zoning (TPZ) Commission of the Town of Newington.
CUL-DE-SAC means a street with a single means of ingress and egress with a turnaround at the end.
GENERAL STATUTES means the General Statutes of the State of Connecticut, 1958 Revision, or as from time amended or revised.
NEWINGTON STREET MAP means the map (500 scale street map on file in the Engineering Department) established by the commission showing the streets, public ways and parks as they are laid out, adopted, accepted, or established and any amendments adopted by the Commission and any additions that result from the filing of approved Subdivision Plans.
PLAN OF DEVELOPMENT means a plan or plans prepared by the Commission pursuant to Section 8-23 of the General Statutes.
RESUBDIVISION as defined by Section 8-18 of the General Statutes means a change in a map of an approved or recorded subdivision or resubdivision if such change:
(a) Affects any street layout shown on such map;
(b) Affects any area reserved thereon for public use; or,
(c) Diminishes the size of any lot shown thereon and creates an additional building lot, if any of the lots shown thereon, have been conveyed after the approval or recording of such map.
SUBDIVISION as defined by Section 8-18 of the General Statutes means the division of a tract or parcel of land into three or more parts or lots made subsequent to the adoption of subdivision regulations by the Commission, for the purpose, whether immediate or future, of sale or building development expressly excluding development for municipal, conservation or agricultural purposes, and includes resubdivision.
DEVELOPER OR SUBDIVIDER means the person(s) or business firm, its successor or assigns, making application to the Town Plan and Zoning Commission for a subdivision or re-subdivision under the jurisdiction of the Commission. Consent shall be required from the legal owner of the property when the applicant is other than the owner.
STANDARD SPECIFICATIONS refers to the Town of Newington's, Standard Specifications for Roads, Sidewalks, Drainage Structures and Incidental Construction, that will be made a part of the subdivision and dedicated for public use.
WORK FOR PURPOSES OF THESE REGULATIONS means all physical improvements required by the approved plan, other than the staking out of lots, and includes but is not limited to the construction of roads, storm drainage facilities and water and sewer lines, the setting aside of open space and recreation areas, installation of telephone and electric services, planting of trees or other landscaping, and installation of retaining walls or other structures.
THREE-QUARTERS VOTE OF ALL MEMBERS means total authorized number of members' regardless of vacancies on the Commission and not just three quarters of the members present at the meeting. The three quarter vote requirement shall be necessary for the granting of any waiver under Section 4.0.
ACT means the Inland Wetlands and Watercourses Act, sections 22a-36 through 22a-45, inclusive, of the Connecticut General Statutes, as amended.
AGENCY means the Conservation Commission of the Town of Newington.
BOGS are areas distinguished by evergreen trees and shrubs underlain by peat deposits, poor drainage, and highly acidic conditions.
CLEAR-CUTTING means the harvest of timber in a fashion which removes all trees down to a two inch diameter at breast height.
COMMISSIONER OF ENVIRONMENTAL PROTECTION means the commissioner of the State of Connecticut Department of Environmental Protection.
CONTINUAL FLOW means a flow of water which 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.
DESIGNATED AGENT means an individual(s) designated by the Conservation Commission to carry out its functions and purposes.
DISCHARGE means emission of any water, substance, or material into wetlands or watercourses whether or not such substance causes pollution.
DISTURB THE NATURAL AND INDIGENOUS CHARACTER OF THE WETLAND OR WATERCOURSE means to alter the inland wetlands and watercourses by reason of removal or deposition of material, clearing the land, altering or obstructing water flow, or pollution.
ESSENTIAL TO THE FARMING OPERATION means that the proposed activity 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.
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 (6) 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, peat, mud, debris, sand, refuse or waste.
MUNICIPALITY means the Town of Newington.
NURSERIES means land used for propagating 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, 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 waters of the state by reason of any waste or other materials discharged or deposited therein by any public or private sewer or otherwise so as directly or indirectly to 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. Furthermore, any clearing, grubbing, filling, grading, paving, excavating, constructing, depositing or removing of material and discharging of storm water on the land within one hundred (100) feet measured horizontally from the boundary of any wetland or watercourse is a regulated activity. The Agency may rule 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 wetlands or watercourses as defined in these regulations.
REMOVE includes, but shall not be limited to, drain, excavate, mine, dig, dredge, suck, grub, clear cut timber, bulldoze, drag line or blast.
RENDERING UNCLEAN OR IMPURE means any alteration of the physical, chemical or biological properties of any waters of the state, including, but not limited to, change in odor, color, turbidity or taste.
SIGNIFICANT IMPACT ACTIVITY means any activity, including, but not limited to, the following activities which may have a major effect or significant impact.
1......Any activity involving deposition or removal of material which will or may have a major effect or significant impact on the regulated area or on another part of the inland wetland or watercourse system.
2......Any activity which substantially changes the natural channel or may inhibit the natural dynamics of a watercourse system.
3......Any activity which substantially 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.
4......Any activity which is likely to cause or has the potential to cause substantial turbidity, siltation or sedimentation in a wetland or watercourse.
5......Any activity which causes a substantial diminution of flow of a natural watercourse or groundwater levels of the regulated area.
6......Any activity which is likely to cause or has the potential to cause pollution of a wetland or watercourse.
7......Any activity which damages or destroys unique wetland or watercourse areas or such areas having demonstrable scientific or educational value.
SOIL SCIENTIST means an individual duly qualified in accordance with 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 which are inundated by water on a seasonal or more frequent basis.
TOWN means the Town of Newington.
WASTE means sewage or any substance, liquid, gaseous, solid or radioactive, which may pollute or tend to pollute any of the wetlands or watercourses 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 through 22a-35, inclusive, of the Connecticut General
Statutes. Intermittent watercourses 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
(c) the presence of hydrophytic vegetation.
WETLANDS means land, including submerged land not regulated pursuant to sections 22a-28 to 22a-35, inclusive, which consists of any of the soil types designated as poorly drained, very poorly drained, alluvial, and flood plain by the National Cooperative Soils Survey, as may be amended from time to time, of the Natural Resources Conservation Service of the United States
Department of Agriculture (USDA). Such areas may include filled, graded, or excavated sites which possess an aquic (saturated) soil moisture regime as defined by the USDA Cooperative
RESIDENTIAL USES means activities carried out on property developed for permanent single family housing or being developed to be occupied by permanent single family housing.
COMMERCIAL USES means activities carried out on property developed for multi-family (condominium and/or apartment use), industry, commerce, trade, recreation, or business or being developed to be occupied for such purposes, for profit or nonprofit.
OTHER USES means activities other than residential uses or commercial uses.
FEE SCHEDULE . Fees in connection with the activities of the Agency shall be based on the following schedule:
a......Private Residential Uses
1. Single Lot (Base Fee).............................$100
2. Subdivision (Base Fee)............................$250
3. Impact Fee (added to base fee) per lot, each road crossing, and each 100 feet of watercourse or part thereof located within regulated area which is affected by the application................................$50
4. Action by duly authorized agent only..............$100
b......Commercial/Industrial Uses
1. Site five (5) acres or less (Base Fee)............$200
2. Site greater than five (5) acres (Base Fee).......$350
3. Impact Fee (added to base fee) for each acre and each 100 feet of watercourse or part thereof located within a regulated area which is affected by the application..............$50
4. Action by duly authorized agent only..............$200
c......Miscellaneous Fees
1. Public Hearing (additional fee)...................$250
2. Permit Modification or Extension..................$100
3. Permit transfer or assignment.....................$100
4. Map change........................................$200
5. Insufficient fund check fee.......................$50
6. Department of Environmental Protection fee
(for all permit applications).....................$10
All fees are non-refundable after assignment of a file number on the date of receipt.