ACCESSORY BUILDING
A.detached subordinate building, the use of which is incidental to and customary in connection with the main building or use, and which is located on the same lot with such main building or use. An accessory building shall be one, which is not attached to the main building by any covered porch, breezeway, or other roofed structure.
ACCESSORY USE
A.subordinate use which is clearly incidental to and customary in connection with the main building or use and which is located on the same lot with such man building o. Use.
For the purposes of these regulations, an acre shall be forty thousand (40,000) square feet of area.
ASSEMBLY
The combining of component parts having form and substance by physically mating or joining the component parts.
ASSISTED LIVING
A.full care and/or special care building for person(s) where at least one resident is over the age of 55 who need assistance with one or more functions of daily living. Private residential areas for up to two persons, containing a bath, sleeping accommodations, and a limited food preparation area, are combined with common dining and activity spaces to create a communal setting for the occupants. Access is provided within the building to social, recreational, personal and essential care services for the occupants to continue a level of independent living. An assisted living residence shall only be occupied by an individual and their spouse and/or a person providing care to such individual.
BILLBOARD
A.panel or structure designed or used for outdoor advertising of products and services unconnected with the premises on which it is located and mounted on a building or on a separate frame located near a highway, railroad, or waterway.
BUFFER STRIP
A.parcel of land unoccupied by buildings, structures, or pavements and maintained as a grass area and/or planted with trees or shrubs.
BUILDING
Any structure having a roof and intended for the shelter, housing, or enclosure of persons, animals, or materials. Any other structure more than 6 feet high shall be considered as a building, including a solid fence or wall, but excluding an electric transmission line or an electric light, telephone or telegraph pole, radio or TV antenna, highway or railroad bridge, or flagpole.
BUILDING, MAIN
A.building in which the principal use of the lot on which it is located is conducted, or is intended to be conducted.
BUILDING AREA
The ground area enclosed by the walls of a building together with the area of all covered porches and other roofed portions.
BUILDING COVERAGE
The percentage, which the aggregate area of all buildings on the lot bears to the area of the lot.
BUILDING HEIGHT
The vertical distance from the average finished grade within 10 feet of the walls of the building to the highest point of flat or mansard roofs including the top of a parapet or to the mean level between the eaves and ridge for gable, hip, or gambrel roofs.
BUILDING LINE
A.line parallel to the abutting street at a distance equal to or greater than the minimum front yard setback at a point where the required minimum lot width is achieved.
BUSINESS OFFICE
Office of person or persons principally used as an office of a business or company which supplies a service or product to be delivered to or used for a site other than the business office. Types of uses include real estate, insurance, travel agents, and contractors offices. The following are not business offices: retail sales, professional offices, medical testing laboratories, and personal service establishments.
A.signed, written approval by the Commission that a soil erosion and sediment control plan complies with the applicable requirements of these regulations.
CLUB
An association of persons, which is the owner or occupant of an establishment, operated solely for a recreational, social, fraternal, religious, or political purpose and not operated for profit or gain.
The Waterford Planning and Zoning Commission.
CONVALESCENT NURSING HOME
An institution which provides skilled nursing care under medical supervision and direction to carry out non-surgical procedures for chronic diseases, convalescent stages, acute diseases or injuries and continuing care.
COUNTY SOIL AND WATER CONSERVATION DISTRICT
The New London County Soil and Water Conservation District established under subsection (a) of Section 22a-315 of the General Statute.
COURT
An open space, other than a yard, on the same lot with a building which space is bounded on three sides or more by the walls of such building.
Any construction or grading activities to improved or unimproved real estate, and includes but is not limited to the installation of required improvements and the disturbance of land related to the construction of a structure, installation of appurtenant utilities, and access from the existing or proposed public right of way.
DISTRICT
A.district established by the provisions of Section 2 of these regulations.
An area where the ground cover is destroyed or removed leaving the land subject to accelerated erosion.
DWELLING
A.building or part of a building which contains living, sleeping, housekeeping accommodations, and sanitary facilities for occupancy by one or more families.
A.detached building designated for or occupied solely as a dwelling by one family.
A.detached building designated for or occupied solely as a dwelling by two families living independently of each other.
DWELLING, MULTIPLE
A.dwelling or group of dwellings on one lot containing separate dwelling units for three or more families, having separate entrances or joint corridors.
EFFICIENCY UNIT
A.small dwelling unit of not more than one room in addition to a kitchen and bath, which is designed and intended for occupancy by not more than two people.
Detachment and movement of soil or rock fragments by water, wind, ice, or gravity.
FAMILY
A.single person keeping house separately or any number of individuals related by blood, marriage or adoption, living together as a single housekeeping unit. A group of not more than five persons keeping house together, but not necessarily related by blood or marriage, shall also be considered a family for the purpose of these regulations, if the residence, which they occupy, contains not less than 1,500 square feet of living area.
FAMILY ENTERTAINMENT CENTER
Commercial indoor/outdoor facility consisting of multiple recreational activities such as miniature golf, batting cages, rock climbing wall, bank shot basketball, bumper boats, gokarts, paintball, and like uses, with accessory uses thereto such as buildings for restrooms, snack bar, gathering rooms, maintenance and storage.
FARM
A.tract of 120,000 square feet or more used for agricultural, dairy, or horticultural purposes and including truck gardens, nurseries, or pasture.
FARMING
The act of cultivating land, the raising of crops, or the tending of domestic animals or poultry for commercial purposes.
FILLING STATION
A.place where gasoline, oil, and automobile accessories may be retailed.
FIRE LANE
An access around and immediately adjacent to a building(s) or a sidewalk of 12 feet in width for the use of emergency equipment, which shall remain clear of obstruction of any kind at all times.
FRONTAGE
The boundary of a lot abutting a public street and having a permitted vehicular access to a public street.
GRADING
Any excavating, grubbing, filling (including hydraulic fill), or stockpiling of earth materials or any combination thereof, including the land in its excavated or filled condition.
GRAVEL PIT
An area of land used for the excavation and removal of sand, gravel, peat, or fill.
HOME OCCUPATION, CUSTOMARY
The following uses shall be considered as customary home occupations when approved by the Commission or its agent as an accessory use to a one family dwelling, in accordance with the standards and requirements of Section 3.11 of these Regulations:
a. home handicrafts
b. dress making and tailoring services c. artist
d. realtor
e. insurance agent f. woodcraft
g. marketing services h. photographer
i. professional consultant
j. architect, engineer, surveyor, accountant, attorney, or appraiser.
HOSPITAL
An institution where the sick and injured may receive medical or surgical treatment.
1.38.1 Animal Hospital - A structure used for the care and treatment of dogs, cats, etc.
1.38.2 Veterinary Hospital - For the purpose of these regulations, a veterinary hospital shall have the same definition as animal hospital.
HOTEL
A.building providing lodging for persons with or without meals, and intended for public accommodation and so designed that normal access and egress are controlled from a central point.
HOUSEBOAT
A.watercraft used or designed to be used as a permanent residence or permanent address for a business enterprise or office. All watercraft not primarily used for recreational purpose or comm ercial fishing use and on which people reside for more than weekend periods or more than 30 days in any calendar year, shall be defined as a houseboat.
INSPECTION
The periodic review of sediment and erosion control measures shown on the certified plan.
INTERSECTION
The point of intersection of the centerlines of two intersecting streets.
JUNK
Discarded materials, equipment, machinery, vehicles, waste, rubble, or refuse which may or may not be used or useful in some form.
JUNK MOTOR VEHICLE
A.motor vehicle not displaying proper registration plates and/or a motor vehicle that is worn out, discarded, inoperative, or which is ready for dismantling or destruction.
JUNK YARD
For the purposes of these regulations, the term junkyard shall be defined to include Junk Yard as defined by Section 21-9 of the Connecticut State Statutes; or a Motor Vehicle Junk Business or Motor Vehicle Junk Yard as defined in Section 21-15 of the Connecticut State Statutes.
KENNEL
A.structure used to house dogs or other animals for compensation.
LANDSCAPING, LANDSCAPED
The term landscaped or landscaping shall mean that an area be at least covered with grass, and/or ground cover and evergreen plantings. Any additional planting is either specifically required by the regulations or left to the discretion of the property owner.
1.47.1 Partial Visual Screening: A type of screening through which the screened object is partially visible. Screening may be accomplished through the use of plant materials or architectural materials or combination of both
1.47.2 Complete Visual Screening: A type of screening which affords a year-round effect and through which the screened object is totally obscured. Complete visual screening should consist of ornamental fences, walls, screen planting or combinations, such as:
a. Compact evergreen planting designed to provide 80 percent or more continuous opacity beginning at least 12 months after installation, where viewed horizontally from between two and ten feet above average ground level. Such plants should be maintained at maturity heights.
LOT
A.plot or parcel of land, which is owned, separately from any adjoining lot or lots as evidenced by deed or deeds recorded in the Land Records of the Town of Waterford; or a building lot delineated on a subdivision plan approved by the Waterford Planning and Zoning Commission and recorded in the Land Records of the Town of Waterford which conforms in all respects to the requirements of these regulations and any amendment thereto.
Except as provided in Section 3.17, 18 and Section 19 of these regulations, only one principal building and the accessory buildings or uses customarily incident to it shall be located on any single lot.
LOT, CORNER
A.lot at the intersection of and abutting on two or more streets where the angle of intersection is not more than 135 degrees or where the intersection is rounded by a curve having a radius of less than 100 feet.
LOT, FLAG
A.parcel of land created pursuant to Section 3.38, "Flag Lot Development", that does not have the required frontage for the district, but has at least 25' of frontage, and otherwise complies with the requirements of Section 3.38, 3.34, and the bulk and area requirements of the zoning district in which it is located.
LOT, NORMAL
A.lot other than a corner lot, through lot, or rear lot.
LOT, REAR
A.lot without frontage on a public street.
LOT, THROUGH
A.lot other than a corner lot which abuts two or more streets which do not intersect at the lot.
LOT LINE
The established division line between lots or between a lot and a street.
LOT LINE, FRONT
All dividing lines between a street and the lot shall be considered front lines.
LOT LINE, REAR
The line bounding a lot at the rear and approximately parallel to and at a maximum distance from the front lot line (See Figure A).
LOT LINE, SIDE
The line or lines bounding a lot which extend from the street towards the rear in a direction approximately perpendicular to the street. In the case of corner lots or through lots, all lines extending from streets shall be considered side lot lines.
The distance between the side lot lines measured in a straight line at right angles to the mean direction of such side lot lines (see Figure B).
MEDICAL CLINIC
An establishment where patients are received for examination by one or more physicians, dentists, surgeons, and other health practitioners, psychologists, or social workers where patients are not lodged overnight. Medical clinics may include as an accessory use (per paragraph 1.2: Accessory Use) facilities for dispensing prescriptions, orthopedic equipment, and general medical supplies. Medical clinics do not include animal and veterinary clinics.
MEDICAL SERVICE LABORATORIES
An establishment primarily engaged in conducting necessary testing for diagnostic care to include but not limited to x-ray services, biological fluids testing, blood banks, and miscellaneous types of medical supplies and services. Medical service laboratories do not include veterinary service laboratories.
MOBILE HOME
A.structure which is used as living quarters and contains sleeping accommodations, a flush toilet, a tub or shower bath, kitchen facilities, and plumbing and electrical connections for attachment to outside systems; and which is designed for transportation after fabrication on streets or highways, on its own wheels or on flatbed or other trailers jacks, or other temporary or permanent foundations, connections to utilities, and the like. Mobile and arriving at the site where it is to be occupied as a dwelling complete and ready for occupancy except for minor and incidental unpacking and assembly operations, location on homes shall not include recreational camping vehicles as defined within Section 1.69 herein.
MOBILE HOME PARK
A.plot of ground upon which two or more manufactured mobile homes, occupied for residential purposes, are located.
MOTEL
A.building or group of buildings providing lodging for persons, with or without meals and/or kitchen facilities, intended primarily for the accommodation of transients, having a private outside entrance for each room or suite of rooms, and for each of which rooms or suites of rooms, automobile parking space is provided on the premises. This definition does not include apartments.
NIGHT CLUB
A.business operated to supply music or entertainment or both and which provides food and/or beverages for on premises consumption.
OPEN SPACE
A.space not occupied by a building or other roofed structure.
PARKING ISLAND
A.landscaped divider in a parking area. Each island shall have a six inch high curb around it.
PERSONAL SERVICE ESTABLISHMENT
An establishment primarily engaged in providing services involving the care of a person or his or her apparel.
PREMISES
A.lot, as defined in this section, with any buildings located thereon.
PRIVATE GARAGE
An accessory building or part thereof or a portion of a principal building used for the parking or storage of motor vehicles belonging to the occupant of the premises, and used in connection with a use permitted on the premises.
PROFESSIONAL OFFICE
Office for person or persons whose vocation or occupation requires advanced training in a liberal art or science, a State license or certification, and whose work usually involves non-manual work and services are rendered rather than goods offered for sale on the premises including doctors, dentists, other medical professionals, lawyers, engineers, and architects. The following similar uses are not professional offices: contractor, beauty parlor, insurance agent, medical testing laboratory, pest control, pharmacy, real estate agent, and financial institutions.
PUBLIC GARAGE
A.building used for the storage, servicing, or repair of motor vehicles for compensation.
RECREATIONAL-CAMPING-VEHICLE
A.mobile, vehicular structure mounted on wheels and designed as a temporary dwelling for travel, recreation, or vacation, including but not limited to self-propelled motor homes, travel trailers not exceeding 32 feet in length, collapsible tent trailers, and truck- mounted units.
RESTAURANT
A.commercial enterprise whose primary function is the sale of food and/or beverages for on-premises consumption, excluding night clubs.
RETAIL SALES/SERVICE ESTABLISHMENT
An establishment engaged in selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods. Retails sales and services shall not include uses which may involve the retail sale of merchandise but are specifically allowed only in certain zoning districts.
RIGHT-OF-WAY
A.right of passage over another person's land.
SEDIMENT
Solid material, either mineral or organic, that is in suspension, is transported, or has been moved from its site of origin by erosion.
SERVICE STATION
Shall be synonymous with the definition of filling station.
SETBACK
The distance between the building line and the highway line.
SHOPPING CENTER
A.group of five or more commercial establishments under one roof or interconnected by walls, roofs, enclosed malls, parking lots, or walkways located on one lot, or on a group of contiguous lots under unified ownership or control, having an area of not less than four acres, providing adjoining off street parking facilities for at least 100 cars, and designed and developed as a coherent group.
1.79.1 Neighborhood Shopping Center - Shopping center located on a lot or a group of contiguous lots having an area of less than 10 acres is a neighborhood shopping center.
1.79.2 Community Shopping Center - A shopping center located on a lot or group of contiguous lots having an area greater than 10 acres but less than 40 acres is a community shopping center.
1.79.3 Regional Shopping Center - A shopping center located on a lot or a group of contiguous lots having an area of more than 40 acres is a regional shopping center.
SIGN
Any letters, figures, design, symbol, trademark, or illuminating device and related background area designed as an integral part of such material which is intended to attract attention to any place, subject, person, firm, corporation, public performance, article, machine, or merchandise whatsoever and painted, printed, or constructed and displayed in any manner whatsoever out of doors for recognized advertising purposes. Interior signs, if located on a window or within a distance equal to the greatest dimension of the window and if obviously intended for viewing from the exterior, shall be considered an exterior sign for purposes of these regulations.
1.80.1 Sign, Freestanding - Any sign supported by uprights, braces or poles, and not attached to any part of any building.
1.80.2 Sign, Projecting - A sign, other than a wall sign, which projects from and is supported by a wall of a building or structure.
1.80.3 Sign, Rooftop - A sign located on or above the roof of any building.
1.80.4 Sign, Wall or Building Mounted - A sign affixed directly to an exterior wall and confined within the limits thereof of any building and which does not project from that surface more than 3 feet and does not overhang any public right-of-way.
SOIL
Unconsolidated mineral or organic material of any origin.
SOIL EROSION AND SEDIMENT CONTROL PLAN
A.scheme that minimizes soil erosion and sedimentation resulting from development and includes, but is not limited to, a map and narrative.
STORAGE SPACE
Rooms or space used exclusively for storage of goods, or merchandise, but not including space used for display of merchandise.
STREET
An improved right-of-way suitable for vehicular travel accepted for public use by the Town of Waterford's Representative Town Meeting; a State or Federal highway; or any proposed street shown on a subdivision plan approved by the Town of Waterford Planning and Zoning Commission and recorded in the Land Records of the Town of Waterford. As defined herein, "street" shall include the entire width of the right-of-way.
STREET, UNACCEPTED
Any private right-of-way providing access to one or more lots or dwelling units, or any private or public roadway which has not been accepted by the Town of Waterford's Representative Town Meeting. However, those streets shown on a subdivision plan which has been approved by the Commission and for which the Town is holding a performance bond or maintenance bond in accordance with the provisions of Section 3.6 or 6.13 respectively of the Town's Subdivision Regulations, shall not be considered unaccepted streets for the purpose of the provisions of Section 3.15 of these regulations.
STREET LINE
The line dividing the street and the abutting property.
TRAILER
Any vehicle or object designed to be moved on wheels whether resting on wheels, jacks, or other foundation and whether or not having any motive power of its own, but which is drawn by, or used in connection with, a motor vehicle, and which is so designed and constructed and/or added to by means of such accessories, as to permit use and occupancy thereof for human habitation. This shall include the type of vehicle known as a mobile home.
TRAILER CAMP
Any premises used or permitted to be used for the parking of more than one occupied trailer coach. This shall be synonymous with what is commonly called Mobile Home Park or Trailer Park.
WATERCOURSE
Rivers, streams, brooks, waterways, lakes, ponds, marshes, swamps, bogs, and all other bodies of water, natural, or artificial, public or private, vernal, intermittent or perennial, which are contained within, flow through or border upon the Town of Waterford or any portion thereof, not regulated pursuant to Sections 22a-28 to 22a- 35, inclusive of the General Statutes, as amended.
WETLANDS
Land, including submerged land, not regulated pursuant to Section 22a-28 to 22a-35 inclusive of the General Statutes as amended, which consists of any of the soil types designated as poorly drained, very poorly drained, alluvial or flood plain by the National Cooperative Soil Survey, as may be amended from time to time, by the Soil Conservation Service of the U.S. Department of Agriculture, and are generally shown for information purposes only, on a map entitled "Designated Inland Wetland and Water-courses, Town of Waterford" on file in the Office of the Town Clerk. In each instance, however, the actual character of the soil shall determine whether the land in question is subject to Regulation.
YARD, FRONT
An open space between the building and the front lot line, extending the full width of the lot, or in case of a corner lot, extending along all streets. (See Figure C)
YARD, REAR
An open space between the building and the rear lot line, extending the full width of the lot. (See Figure C)
YARD, REQUIRED REAR
The open space between the rear lot line and a line parallel to it at a distance equal to the minimum rear yard as set forth in the table applicable to the district in which the lot is situated. (See Figure C)
YARD, SIDE
An open space between the building and a side lot line, extending from the front yard to the rear yard. Any yard not a rear yard shall be deemed a side yard. (See Figure C)
YARD, REQUIRED SIDE
The open space between the side lot line and a line parallel to it at a distance equal to that required by the provisions of these regulations applicable to the district in which the lot is situated. (See Figure C)
YARDS, DEPTH OR WIDTH OF
The depth of front and rear yards and the width of side yards shall be measured perpendicularly to the respective lot lines.
AREA OF SHALLOW FLOODING - means a designated AO or VO Zone on a community's Flood Insurance Rate Map (FIRM) with base flood depths from one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident.
AREA OF SPECIAL FLOOD HAZARD - is the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year.
BASE FLOOD - means the flood having a one percent chance of being equaled or exceeded in any given year.
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.
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.
ELEVATED BUILDING - means a non-basement building built to have the lowest floor above the ground level by means of fill, solid foundation perimeter walls, pilings, columns (posts and piers), shear walls, or breakaway walls.
FLOOD OR FLOODING - means a general and temporary condition of partial or complete inundation of normally dry land areas from:
1. The overflow of inland or tidal waters;
2. The unusual and rapid accumulation or runoff of surface waters from any source.
FLOODWAY - means the charnel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge and base flood without cumulatively increasing the water surface elevation more than one foot.
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.
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:
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 park trailers, travel trailers, and similar transportable structures placed on a site for 180 consecutive days or longer and intended to be improved property.
MANUFACTURED HOME PARK OR SUBDIVISION - a parcel or contiguous parcels of land divided into two or more manufactured home lots for rent or sale.
START OF CONSTRUCTION - (for other than new construction or substantial improvements under the Coastal Barrier Resources Act - P.L. 97-348), includes substantial improvements 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 of 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 preparation, such as clearing, grading and filing, nor 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.
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 cost equals or exceeds fifty percent of the market value of the structure. The market value of the structure should be 1) the market value of the structure prior to the start of the initial repair or improvement as determined by the cost approach, or 2) in the case of damage, the value of the structure prior to the damage occurring. 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 the alteration effects the external dimensions of the structure. The term does not, however, include any project for improvement of a structure required to comply with existing health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions.
COMMISSION(S) means one or all of the land use regulatory agencies of the Town of Waterford known as the planning and zoning commission, zoning board of appeals and conservation commission.
PROCESSING OF LAND USE APPLICATION(S) means the act of a commission in receiving, reviewing and acting on an application to conduct an activity regulated by said commission and including the control of work and inspection of activities permitted. (R.T.M. 12-2-02: R.T.M. 8-22-88: prior code § 11-32)
ACRE shall be forty thousand (40,000) square feet.
APPLICATION shall mean the maps, prescribed forms, and fees duly and correctly completed for final approval and submitted to the Planning and Zoning Commission.
ARTERIAL STREET shall mean a major thoroughfate whose main function is to carry large volumes of traffic between major points. Arterials are designated in the Community Facilities Element of the Plan of Development.
CERTIFICATION shall mean a signed, written approval by the commission that a soil erosion and sediment control plan complies with the applicable requirements of these regulations. (Effective Date: August, 19, 1985)
COLLECTOR STREET shall mean a street whose primary function is to carry moderate traffic volumes between local streets and. arterial streets. It may also provide access to abutting properties. Collectors are designated in the Community Facilities Element of the Plan of Development.
COMMISSION shall mean the"Waterford Planning and Zoning Commission.
COUNTY SOIL AND WATER CONSERVATION DISTRICT shall mean the New London County Soil and Water Conservation District established under subsection (a), of Section 22a-315 of the General Statutes. (Effective Date: August 19, 1985)
CUL-DE-SAC shall mean a street or a portion of a street with only one (1) vehicular outlet, whose primary function is to provide access to abutting property, and which may be referred to as a dead-end street.
DATE OF SUBMISSION shall mean the date of the Commission's meeting at which the completed application, all required supporting information, and the required fee are received.
DEVELOPMENT shall mean any construction or grading activities to improved or unimproved real estate, and includes but is not limited to the installation of required improvements and the disturbance of land related to the construction of a structure, installation of appurtenant utilities, and access from the existing or proposed public right of way. (Effective Date August 19, 1985)
DISTURBED AREA means an area where the ground cover is destroyed or removed, leaving the land subject to accelerated erosion. (Effective Date: August, 19, 1985)
EASEMENT shall mean a right of use for a specific purpose or purposes which one person or agency may have in a designated portion of land of another.
EROSION shall mean the detachment and movement of soil or rock fragments by water, wind, ice or gravity. (Effective Date: August 19, 1985)
FINAL SUBDIVISION PLAN shall mean the plan containing all of the specifications and requirements of Section 4 of these Regulations.
FINAL APPROVAL shall mean all the following:
A. Vote of the Commission to approve or to modify and approve the plan of subdivision.
B. Posting of a bond to cover the cost of subdivision improvements and erosion and sedimentation control measures unless such improvements.have been completed by the applicant.
C. Endorsement of approval by the Chairman or Secretary of the Commission on a mylar, linen or muslin backed copy of the plan of subdivision for filing with the Town Clerk and on a mylar copy and six (6) white print paper copies of the plan for use by the Commission and other municipal agencies, all of such copies to be furnished by the applicant.
D. Submission of all data required by the Commission as a condition of approval, such as but not limited to, deeds, covenants and restrictions, revised plans, and homeowners association bylaws.
FRONTAGE shall mean the boundary of a lot abutting and having permitted vehicular access to a public street. (Effective December 6, 1975)
GRADING shall mean any excavating, grubbing, filling (including hydraulic fill), or stockpiling of earth materials or any combination thereof, including the land in its excavated or filled condition. (Effective Date: August 19, 1985)
INSPECTION shall mean the periodic review of sediment and erosion control measures shown on the certified plan. (Effective Date: August 19, 1985)
LOCAL ACCESS STREET shall mean a street whose primary function is to provide access to abutting properties. For the purpose of these Regulations, a local access street is any street other than an arterial or collector street as defined above, and includes cul-de-sacs.
LOT shall mean a plot or parcel of land occupied or capable of being occupied by one principal building and accessory buildings as specified under the Zoning Regulations.
OPEN SPACE shall mean land set aside for conservation, park or play ground purposes.
REGULATIONS shall mean the Subdivision Regulations of the Town of Waterford, unless otherwise specified.
RESERVED AREAS shall mean sections of land reserved for future street connections, public facilities, foot paths, access ways or open space.
RESUBDIVISION shall mean a change in the 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.
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.
SEDIMENT shall mean solid material, either mineral or organic, that is in suspension, is transported, or has been moved from its site of origin by erosion.
SOIL shall mean any unconsolidated mineral or organic material of any origin.
SOIL EROSION AND SEDIMENT CONTROL PLAN shall mean a scheme that minimizes soil erosion and sedimentation resulting from development and includes, but is not limited to, a map and narrative.
STREETS shall include roads, avenues, boulevards, lanes or other vehicular ways, unless specifically specified as a Local Access Street as defined in Section 1.12, a Collector Street as defined in Section 1.4, or an Arterial Street as defined in Section 1.3. It shall mean a public way or way opened to public use giving access to a lot but shall not include private rights of way.
STREET WIDTH shall mean the distance between property lines measured at right angles to the direction of the centerline of the street.
STREET RIGHT OF WAY shall mean that portion of land between property lines over which a public road is built and the adjacent area reserved for future widening and improvements.
SUBDIVISION shall mean the division of a tract or parcel of land into three or more parcels or lots for the purpose, whether immediate or future, of sale or building development, expressly excluding development for municipal, conservation or agricultural purposes and includes resubdivision.
TOWN shall mean the Town of Waterford.
WATERCOURSES shall mean any rivers, streams, brooks, waterways, lakes, ponds, marshes, swamps, bogs and all other bodies of water, natural, or artificial, public or private, vernal, intermittent or perennial, which are contained within, flow through or border upon the Town of Waterford or any portion thereof, not regulated pursuant to Sections 22a-28 to 22a-25, inclusive of the General Statutes, as amended.
WETLANDS shall mean land, including submerged land, not regulated pursuant to Section 22a-28 to 22a-35 inclusive, of the General Statutes, as amended, which consists of any of the soil types desig nated as poorly drained, very poorly drained, alluvial or flood plain by the National Cooperative Soils Survey, as may be amended from time to time by the Soil Conservation Service of the U. S. Department of Agriculture, and are generally shown for the information purposes only, on a map entitled "Designated Inland Wetland and Watercourses, Town of Waterford" on file in the Office of the Town Clerk. In each - instance, however, the actual character-of the soil shall determine whether the land in question is subject to regulations.
ACT : The Inland Wetlands and Watercourses Act, Sections 22a-36 through 22a-45 of the General Connecticut Statutes, as amended.
BOG : A poorly drained area containing an accumulation of organic material and characterized by an association of plants recognized as bog species, listed in the booklet entitled Inland Wetland Plants of Connecticut (May, 1973).
CLEARING : The removal of any significant amount of vegetation from wetlands.
CLEAR-CUTTING : The harvest of timber in a fashion which removes the majority of trees greater than 2" diameter at breast height.
COMMISSION : The Waterford Conservation Commission.
COMMISSION MEMBER : A member of the Conservation Commission of the Town of Waterford.
COMMISSIONER OF ENVIRONMENTAL PROTECTION : The Commissioner of the State of Connecticut, Department of Environmental Protection.
CONSERVATION EASEMENT : A legal agreement by the property owner to restrict the use arid development of an area. The designated area shall be shown on a site plan and labeled as such. Purposes for Conservation Easements are listed in Section 11.10. Exact positions and limitations are specified by the Waterford Conservation Commission at the time of approval.
DEPOSIT : Includes, but shall not be limited to, fill, grade, dump, place, discharge, or emit.
DESIGNATED AGENT : An individual designated by the Commission to carry out its functions and purposes.
DISCHARGE : The emission of any water, substance or material into wetlands or watercourses of the Town of Waterford whether or not such substance causes pollution.
DISTURBING THE NATURAL AND INDIGENOUS CHARACTER OF THE WETLAND OR WATERCOURSE : The activity will significantly alter the inland wetlands and watercourses by reason of removal or deposition of material, clearing of vegetation, alteration or obstruction of water flow, or will result in the pollution of the wetlands or watercourses.
EMERGENCY REPAIRS : Shall include, but not be limited to, the following: removal of obstructions such as trees, debris, and accumulated silt, etc. from watercourses to the channel lines by the Department of Public Works for reasons of flood prevention and maintenance for the safety and welfare of the residents of Waterford.
ESSENTIAL TO THE FARMING OPERATION : The proposed activity is necessary and indispensable to sustain farming activities on the farm.
FARMING : The use of land for the growing of crops, raising of livestock, or other agricultural use.
FEASIBLE : The ability to be constructed or implemented consistent with sound engineering principles.
LICENSE : The whole or any part of permit, certificate of approval, or similar form of permission which may be required of any person by the provisions of these Regulations or the Inland Wetlands and Watercourses Act, as amended.
MANAGEMENT PRACTICE : 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.
MARSH : An area normally covered with shallow water, subject to seasonal variations, that are distinguished by the absence of trees and shrubs and the dominance of herbaceous, soft-stemmed plants. Typical examples of marsh species are listed in the book let entitled Inland Wetland Plants of Connecticut (May, 1973).
MATERIAL : 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 : The Town of Waterford, Connecticut.
NON-ENCROACHMENT LINE : A line that delineates an area of restricted use. There shall be no activity within this area without approval of the Waterford Conservation Commission. The line shall be established by the Conservation Commission and shown on a site plan and labeled as such. Purposes for the non-encroachment line are listed in Sect ion 11.10.
NURSERIES : The land used for propagating trees, shrubs, or other plants for transplanting, sale, or for use as stock for grafting.
PERMIT : 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 : The person to whom such permit has been issued.
PERSON : Any person, firm, partnership, association, corporation, company, organization or legal entity of any kind, including municipal corporations, government agencies, or subdivisions thereof.
POLLUTION : The harmful thermal effect or the contamination or rendering unclean or impure of any waters of the Town of Waterford by reason of any waste or other materials discharged or deposited therein by any public or private sewer or otherwise so a s directly or indirectly to come in contact with any waters.
PRUDENT : 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 : Any operation within, or use of, a wetland or watercourse involving removal or deposition of material, or any obstruction, construction, alteration, discharge, pollution, or clearing of such wetlands or watercourses, or any other activity which will impact the wetlands or watercourses, including those activities adjacent to wetlands and watercourses outlined in Section 6 of these Regulations, except as otherwise indicated in Section 4 of these Regulations.
REMOVE : Includes, but shall not be limited to, drain, excavate, mine, dig, dredge, suck , bulldoze, dragline, or blast.
RENDERING UNCLEAN OR IMPURE : Any alteration which diminishes quality of the physical, chemical, or biological properties of any of the waters of the Town of Waterford, including but not limited to, change in color, odor, turbidity, taste, acidity, or chemical composition.
SIGNIFICANT IMPACT ACTIVITY : Activities, including, but not limited to, the following activities which may have a major effect or significant impact.
a. Any activity involving a deposition or removal of material which will or may have a substantial adverse effect on the inland wetlands or watercourse system.
b. Any activity which substantially changes the natural channel or may inhibit the natural dynamics of a watercourse system.
c. 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 re creation or open space; or perform other functions.
d. Any activity which would result in degrading the water quality of a wetland, watercourse, or groundwater. Such degradation to be measured by standards of the Water Compliance Division of the Connecticut Department of Environmental Protection, where applicable.
e. Any activity which is likely to cause or has the potential to cause substantial turbidity, siltation or sedimentation in a wetland or watercourse.
f. Any activity which causes a substantial diminution of flow of a natural watercourse or groundwater levels of inland wetlands and watercourses.
g. Any activity which is likely to cause or has the potential to cause pollution of a wetland or watercourse.
h. Any activity which damages or destroys unique wetland or watercourse areas or such areas having demonstrable scientific or educational value.
SOIL SCIENTIST : An individual duly qualified in accordance with standards set by the Federal Office of Personnel Management.
SWAMP : An area with a water table at or near the surface of the ground throughout most of the year and containing vegetation dominated by an association of trees and/or shrubs recognized as swamp species. Typical examples of swamp species are listed in the booklet entitled Inland Wetland Plants of Connecticut (May, 1973).
SUBMERGED LANDS : Those lands which are inundated by water on a seasonal or more frequent basis.
TOWN : The Town of Waterford, State of Connecticut.
UPLAND REVIEW AREA : A non-wetland or non-watercourse area in which certain types of activities, as further defined in the wetland regulations herein, are regulated activities.
WASTE : Sewage or any substance, liquid, gaseous, solid or radioactive which may pollute or tend to pollute any of the waters of the Town of Waterford.
WATERCOURSES : Rivers, streams, brooks, waterways, lakes, ponds, marshes, swamps, bogs, and all other bodies of water, natural or artificial, public or private, mapped or unmapped, vernal, intermittent, or perennial, which are contained within, flow through, or border upon the Town of Waterford or any portion thereof, not regulated pursuant to Sections 22a-28 to 22a-35, inclusive, of the Connecticut General Statutes, as amended. 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 : Land, including submerged land, not regulated pursuant to Section 22a-28 to 22a-35 inclusive, of the Connecticut General Statutes as amended, which consists of any of the soil types designated as poorly drained, very poorly drained, alluvial, or flood plain by the National Cooperative Soils Survey, as may be amended from time to time, of the Natural Resources Conservation Service of the U.S. 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 Soil Survey and are generally shown for informational purposes only on a map entitled "Designated U.S. Department of Agriculture Soil Conservation Service Soil Survey, Town of Waterford" on file in the Office of the Town Clerk. In each instance, however, the actual character of the soil shall determine whether the land in question is subject to regulation.