ACT means the Inland Wetlands and Watercourses Act, Sections 22a-36 through 22a-45 of the General Statutes, as amended.
CLEAR-CUTTING means the harvest of timber in a fashion which removes all trees down to a two inch diameter at breast height or removal of vegetation in a manner which significantly alters the natural or indigenous character of the regulated area.
COMMISSION means the Inland Wetlands Commission of the Town of Wilton.
COMMISSION MEMBER means a member of the Inland Wetlands Commission of the Town of Wilton.
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.
DAYS are calendar days, except as otherwise noted.
DEPOSIT includes, but shall not be limited to fill, grade, dump, place, discharge or emit.
DESIGNATED AGENT means an individual(s) designated by the Commission to carry out specific functions and purposes subject to the Commission's review.
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 LAND means that the activity will significantly alter regulated areas by removal or deposition of material, clearcutting, alteration or obstruction of water flow, or will result in the pollution of the wetland or watercourse.
EMERGENCY pertains to an event, circumstance or condition which, in the opinion of the Commission or its designated agent, endangers the public health and safety or the health and safety of one or more residents of the Town of Wilton, as certified in writing by one or more of the following Town agencies: the Department of Environmental Affairs, the Department of Public Works, the Department of Environmental Health, the Police Department or the Fire Department.
ESSENTIAL TO THE FARMING OPERATIONS means that the activity proposed is necessary and indispensable to sustain farming activities on an existing farm.
FARMING means use of property for the purpose of raising or harvesting any agricultural or horticultural commodity that is subject to and previously documented by the filing of a farm business declaration with the Internal Revenue Service of the federal government.
FEASIBLE means able to be constructed or implemented consistent with sound engineering principles.
GRUBBING means the digging out and uprooting of stumps, roots, and other below ground vegetative material.
INTERMITTENT WATERCOURSE means those waterways which are characterized by non-persistent flow. For purposes of these regulations, intermittent watercourses are delineated by a defined permanent channel and banks and two or more of the following characteristics:
1. Evidence of scour or deposits of recent alluvium or detritus.
2. The presence of standing or flowing water for a duration longer than a particular storm incident. Ordinarily, the presence of water is supported by a component, however small, of groundwater outflow or exfiltration.
3. The presence of hydrophytic vegetation.
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 Wilton, Fairfield County, Connecticut.
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 under the authority of the Inland Wetlands Commission.
PERMITTEE means the person to whom such 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 wetlands or watercourses of the Town of Wilton 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 wetlands or watercourses. 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 and watercourses, but shall not include the specified activities in section 4 of these Regulations.
Furthermore, any clearing, grubbing, filling, grading, paving, excavating, construction, depositing or removal of material and discharging of stormwater on the land within fifty (50) feet of a wetland or within one hundred (100) feet of a watercourse is a regulated activity. The Commission 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 activities" are considered Minor, Intermediate and Significant as defined below:
1. "Minor Regulated Activity" means those activities which would result in no greater than a minimal impact on any wetland or watercourse. Additionally, the following shall apply:
a. No activity shall be considered Minor Regulated Activity unless it occurs solely within the regulated area exclusive of a wetland or watercourse.
b. No septic installation or activity requiring the deposition or removal of more than 100 cy of material shall be considered a Minor Regulated Activity.
2. "Intermediate Regulated Activity" means:
a) Any operation within or use of a wetland, watercourse, or regulated area within the Town of Wilton involving removal or deposition of less than 100 cy of materials, placement of any obstruction, construction, alteration or pollution of such wetlands, watercourses or regulated area, but shall not include the activities specified in Section 4 of these regulations;
b) Locating any waste disposal system or any portion thereof including, without limitation, curtain drains, berms and fill within regulated areas;
c) Permanent outdoor or underground storage of petroleum based products in excess of 100 gallons for residential, commercial or industrial uses within the regulated areas; and
d) Clearcutting or grubbing in a wetland or regulated area, except as permitted in Section 4 of these Regulations.
3. "Significant Regulated Activity" means any activity including, but not limited to, the following activities, which may have a substantial effect on any regulated area.
a) Any activity involving a deposition or removal of material which will or may have a substantial effect on any regulated area, inland wetland or watercourse. Any activity involving more than 100 cy will be considered a Significant Regulated Activity. In cases where excavation is proposed for the purpose of constructing a foundation, the applicant shall only consider 50% of the excavated volume for portions of the foundation more than 25 feet from a wetland and/or 50 feet from a watercourse; or
b) Any activity which substantially changes the natural channel or may inhibit the natural dynamics of a watercourse system; or
c) Any activity which substantially diminishes the natural capacity of an inland wetland, watercourse, or regulated area to provide flood control, to support desirable fisheries, wildlife, or other biological life; or to supply water, assimilate waste, facilitate drainage, provide recreation or open space; or to perform other functions; or
d) Any activity which causes substantial turbidity, siltation or sedimentation, and or thermal pollution in a wetland, watercourse or regulated area; or
e) Any activity which causes a substantial change of flow of a natural watercourse or the groundwater levels of the regulated area; or
f) Any activity which causes or has the potential to cause pollution of a wetland, watercourse or regulated area; or
g) Any activity which destroys unique wetlands, watercourses, or regulated areas having demonstrable scientific or educational value.
REGULATED AREA means any activity or operation within or use of a wetland, watercourse or regulated' area; as defined herein.
1. All wetlands and watercourses in the Town of Wilton as defined in these regulations;
2. Area immediately adjoining wetlands and watercourses in the Town of Wilton as this area is needed to provide protection from the adverse impacts of unregulated land uses. The minimum distance is fifty (50) feet from wetlands, and one hundred (100) feet from the edge of watercourses. These distances may be expanded at the commission's discretion when activities beyond these minimum distances may impact or affect the wetland or watercourse;
3. All slopes or portions thereof, with a grade in excess of 20% within 50 feet of a wetland or within 100 feet from a watercourse. This regulated area includes all land measuring from the toe of the slope to the point on the slope where the grade drops to 10% or less for a distance of at least fifty (50) feet.
REMOVE includes, but shall not be limited to, drain, excavate, mine, dig, dredge, suck, grub, clearcut timber, bulldoze, dragline or blast.
RENDERING UNCLEAN OR IMPURE means any alteration of the physical, chemical or biological properties of any regulated area, including, but not limited to, change in odor, color, turbidity or taste.
SOIL SCIENTIST means an individual duly qualified in accordance with standards set by the Federal Office of Personnel Management.
SUBMERGED LANDS means those lands which are inundated by water on a seasonal or more frequent basis.
TOWN means the Town of Wilton, Connecticut.
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 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 of the General Statutes, as amended. Examples of bog, marsh, and swamp species are listed in the booklet entitled "Inland Wetland Plants of Connecticut," W.A. Niering and R.H. Goodwin (May 1983), The Connecticut Arboretum, Connecticut College, New London, CT, on file in the office of this Commission. The following are general descriptions of these watercourses:
1. "Bogs" are areas distinguished by evergreen trees and shrubs underlain by peat deposits, poor drainage, and highly acidic conditions.
2. "Marshes" are areas with soils that exhibit aquic moisture regimes that are distinguished by the absence of trees and shrubs and are dominated by soft-stemmed herbaceous plants. The water table in marshes is at or above the surface throughout the year, but seasonal fluctuations are encountered and areas of open water six inches or more in depth are common.
3. "Swamps" are areas with soils that exhibit aquic moisture regimes and are dominated by wetland trees and shrubs.
WETLANDS means land, including submerged land as defined in Section 2.1 ff. of these regulations, not regulated pursuant to Sections 22a-28 through 22a-35, inclusive, of the Connecticut General Statutes, 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 it 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.
APPLICANT : The person proposing a subdivision or resubdivision.
APPLICATION : An application for the approval of a proposed subdivision or resubdivision submitted in accordance with these Regulations. Such application shall be signed by the owner of record of the property to be subdivided.
BOARD OF SELECTMEN : The Board of Selectmen of the Town of Wilton.
COMMISSION : The Planning and Zoning Commission of the Town of Wilton.
EASEMENT : Authorization by a property owner for the use by another, and for a specified purpose, of any designated part of his property.
ENGINEER : A Professional Engineer licensed by the State of Connecticut.
LOT . A parcel or plot of land which is either (a) owned separately from any adjoining parcel as evidenced by fee conveyance recorded in the Land Records of the Town of Wilton and is occupied or capable of being occupied by one principal building and uses customarily incidental to it; or (b) a parcel of land designated as a "lot" on a Record Subdivision Map approved by the Planning and Zoning Commission and filed in the Office of the Wilton Town Clerk.
STANDARD LOT : A lot meeting the minimum area and yard requirements for the zoning district in which the lot is located, as set forth in Section 29-5.D of the Wilton Zoning Regulations.
CONSERVATION LOT : A lot meeting the minimum area and yard requirements in conservation developments set forth in Section 29-5.A.5 of the Wilton Zoning Regulations.
CONSERVATION SUBDIVISION : A subdivision or resubdivision approved in accordance With Section V of these Regulations.
MAPS AND PLANS : All applications, maps, plans, documents and data required by these Regulations in connection with a proposed subdivision shall be in such form as required by these Regulations and acceptable to the Commission. The following maps and plans required by these Regulations shall have the following meanings:
GRADING. SEDIMENT AND EROSION CONTROL PLAN The necessary documentation submitted in compliance with Section 3.6 of these Regulations and prepared in accordance with the technical standards of the U.S.D.A. Natural Resource Conservation Service.
RECORD SUBDIVISION MAP The plan of the subdivision submitted in compliance with Section 3.3 of these Regulations and upon the approval of the Commission and endorsement by its Chairman shall be considered the official document filed on the Land Records of the Town of Wilton.
OWNER : The owner of record in the Land Records of the Town of Wilton.
PASSIVE SOLAR ENERGY TECHNIQUES : Site design techniques which maximize solar heat gain and minimize heat loss which shall include, but not be limited to: (a) house orientation; (b) street and lot layout; (c) vegetation; (d) natural and man-made topographical features; and (e) protection of solar access within the development.
PERSON : Any individual(s), firm, corporation, or other legal entity.
PLAN OF CONSERVATION AND DEVELOPMENT : The land use plan for the Town of Wilton adopted in accordance with the provisions of Section 8-23 of the Connecticut General Statutes, as amended, and as the same may, from time to time, be amended and including any part of such plan separately adopted and any amendment to such plan or parts thereof.
PREAPPLICATION PLAN : A plan submitted, at the option of the applicant, to provide a basis for the informal discussion of the general preliminary design of the subdivision and to afford the applicant the opportunity to save undue time and expense in the submission and redesign of his final plan.
STREET : (a) an existing State "highway" as defined by Section 13a-1(a) of the Connecticut General Statutes, as amended; (b) an existing public highway, street or road accepted by the Town of Wilton pursuant to Section 13a-48 of the Connecticut General Statutes, as amended; (c) a proposed highway, street or road in a subdivision or resubdivision for which a Record Subdivision Map has been approved by the Commission; (d) streets laid out in accordance with Section 13a-61 of the Connecticut General Statutes, as amended; and (e) a way shown on a plat duly filed and recorded in the Office of the Wilton Town Clerk prior to July 6, 1951 but not including private driveways or rights-of-way.
STREET, DEAD END OR CUL-DE-SAC : A street or portion of a street with only one (1) vehicular traffic outlet.
STREET, ARTERIAL : A street which is used primarily as a route for traffic between communities or large sections of the town as shown on the Wilton Plan of Conservation and Development.
STREET, RIGHT-OF-WAY : The area between property lines reserved for use of any street. Its width shall be measured at right angles to the centerline of the street.
STREET, COLLECTOR : A street which collects or will collect traffic from local streets and which carries or will carry through from surrounding areas as shown on the Wilton Plan of Conservation and Development.
STREET, SECONDARY : A local street as shown on the Wilton Plan of Conservation and Development which serves a residential development and which connects with a collector street.
STREET, TERTIARY : A local street as shown on the Wilton Plan of Conservation and Development serving not more than ten (10) lots, which is not designed to be extended or serve as a connection between two (2) public streets.
SUBDIVISION : The division of a tract or parcel of land into three (3) or more parts or lots for the purpose, whether immediate or future, of sale or building development expressly excluding development for municipal, conservation or agricultural purposes, and including resubdivision. Resubdivision 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.
For the purpose of definition of "subdivision" any lot, parcel, tract or acreage owned separately from an adjoining lot, parcel, tract or acreage on July 6, 1951 as evidenced by deed or deeds recorded in the office of the Wilton Town Clerk, on or prior to that date, is considered to be a "tract" or parcel. When the total of such division of a tract or parcel equals three (3) in number, from and after July 6, 1951 and occurring over any period of time and in any sequence, a subdivision has been made, within the meaning of Chapter 126, and is subject to these Regulations.
When the word "subdivision" is used in these Regulations it shall be deemed to include the word "resubdivision."
SITE DEVELOPMENT PLANS : The plan submitted in accordance with Section 3.2 of these Regulations showing the existing land conditions in relation to the modifications to the land necessary to accommodate the development of a proposed subdivision.
GENERAL PROCEDURE : The Commission, in reviewing any proposed subdivision, and the applicant, shall follow the procedures hereinafter specified. The Commission shall not approve any subdivision unless it conforms to the standards hereinafter specified.
APPROVAL : All subdivisions shall be approved only by majority vote of the membership of the Commission present and voting. Approval may be granted by the Commission subject to conditions and safeguards necessary to carry out the purpose and intent of these Regulations and to protect the public health, safety and welfare and property values. No Record Subdivision Map of a subdivision shall be endorsed by the Commission to permit filing in the Office of the Wilton Town Clerk until all conditions of approval, other than construction conditions, have been met.
EFFECTIVE DATE : The date of the Planning and Zoning-Commission approval shall be as specified in Section 8-25 of the Connecticut General Statutes, as amended.
TRAIL : A path from one point to another created by historical or current usage or delineated in the Wilton Plan of Conservation and Development.
UTILITIES : In the case of subdivisions to which water, sewers, fire hydrants and street lighting are to be provided from a public source, all necessary mains, branch offsets to each lot, fire hydrants and street lighting equipment shall be installed in accordance with the specifications of the public utility having jurisdiction and the Town Engineer and the Director of Public Works and shall be installed without cost to the Town.
RESERVE STRIP : The Commission shall not approve any proposed division of land which would create a parcel (i.e. strip) of land between the boundary line of the tract and the end of a proposed through street. The applicant shall not control access to land dedicated or to be dedicated to public use. This section shall not be so construed as to prohibit the creation of a building lot between the boundary of the tract and the end of a proposed permanent dead end street. This requirement shall be applicable to those streets proposed for immediate construction and those rights-of-way dedicated for future street extensions. Such reserved rights-of-way shall be transferred to the Town with all other land dedications and shall include sloping rights where appropriate and deemed necessary. Lots adjoining these rights-of-way shall be so laid out that access to any house or any accessory building shall not be over the reserved right-of-way.
IMPROVEMENT OF EXISTING TOWN STREETS : Where a subdivision, in the opinion of the Commission, requires large and/or untimely expenditures by the Town to improve its streets leading to or abutting the proposed subdivision so that they conform to the minimum requirements of the Street Regulations of the Town of Wilton, the Commission shall disapprove the application for said subdivision until the Board of Selectmen and the Board of Finance have recommended and approved such expenditures; or, in the alternative, the Commission may approve said application subject to the condition that the applicant make said improvements to conform to minimum requirements of said Street Regulations and said improvements be covered in a bond satisfactory to the Board and Commission and in a form approved by the Commission's Counsel.
AUTHORIZATION OF CONSTRUCTION : Construction and installation of roads, drainage or other improvements on any tract of land proposed for subdivision shall not be authorized and shall not be commenced until an application for such subdivision has been approved by the Commission and the Record Subdivision Map filed in the Office of the Town Clerk.
SUPERVISION OF CONSTRUCTION : All construction and installation of roads, drainage and other improvements required by these Regulations shall be carried out under the supervision of the Planning and Zoning Commission or its authorized agent.
PENALTIES : Any person making a subdivision of land without approval from the Wilton Planning and Zoning Commission shall be subject to the penalties provided in the Connecticut General Statutes, as amended and the Town and the Commission may seek other remedies as provided by the laws of the State of Connecticut.
CERTIFICATION : A signed, written approval by the Planning and Zoning Commission or its designated agent that a soil erosion and sediment control plan complies with the applicable requirements of these Regulations.
DEVELOPMENT : In connection with a Control Plan any construction or grading activities to improved or unimproved real estate.
DISTURBED AREA : Any area where the ground cover is or will be destroyed or removed leaving the land subject to accelerated erosion.
EROSION : The detachment and movement of soil or rock fragments by water, wind, ice or gravity.
GRADING : Any excavating, grubbing, filling or stockpiling of earth materials or any combination thereof, including the land in its excavated or filled condition.
SEDIMENT : A solid material, either mineral or organic, that is in suspension, is transported, or has been moved from its site of origin by erosion.
SOIL : Any unconsolidated mineral or organic material of any origin.
SOIL EROSION AND SEDIMENT AND CONTROL PLAN : A scheme that minimizes soil erosion and sedimentation resulting from development and includes, but is not limited to, a site plan map and narrative.
ADULT DAY CARE CENTER : An establishment which offers or provides a program of supplementary care for adult persons outside their own home for a part of the 24 hours in one or more days in the week.
AFFORDABLE HOUSING : A housing development (A) which is "assisted housing" as defined in the Connecticut General Statutes Section 8-30g(a)(3): or (B) in which not less than twenty percent (20%) of the dwelling units will be conveyed by deeds containing covenants or restrictions which shall require that such dwelling units be sold or rented at, or below, prices which will preserve the units as affordable housing, as defined in the Connecticut General Statutes Section 8-39a, for persons or families whose income is less than or equal to eighty percent (80%) of the area median income, for at least twenty years after the initial occupation of the proposed development.
AFFORDABLE HOUSING UNIT : Housing for which persons and families pay thirty percent (30%) or less of their annual income, where such income is less than or equal to 80% of the area median income for the Town of Wilton, as determined by the U.S. Department of Housing and Urban Development.
ALTERATION : As applied to a building or structure: (1) a change or rearrangement in the structural parts; (2) an enlargement or reduction, whether horizontally or vertically; or (3) the moving from one location or position to another.
ANTENNA : A device used to collect, transmit and/or receive telecommunications or radio signals. Examples include panels, microwave dishes and single pole devices.
AQUIFER : A geologic unit capable of yielding usable amounts of potable water.
AQUIFER PROTECTION ZONE : An area designated on the map entitled "Wilton Planning and Zoning Commission Aquifer Map" as a primary recharge area for an aquifer yielding usable amounts of water for existing or potential water supplies.
ASSISTED LIVING : A form of housing for persons who have difficulty performing daily tasks including but not limited to preparing meals, bathing, dressing, taking medication, housekeeping, laundry and/or transportation due to physical and/or mental impairment. Such persons shall not require continuous skilled nursing care. Such housing shall be for persons 62 years of age or older and/or handicapped persons under 62 years together with spouses or others providing care to such individuals.
AUTOMOTIVE REPAIR AND SERVICE FACILITY : Any building, place or location primarily providing automotive repairs or installation of automotive-related components, including but not limited to mufflers, transmissions, brakes, lubrication, body work, and sound systems.
BASE FLOOD : The flood having a one percent (1 %) chance of being equaled or exceeded in any given year, (100 year flood) as set forth in the Flood Insurance Study, Town of Wilton, Fairfield County, Connecticut; by the Federal Emergency Management Agency.
BASEMENT : A portion of a building located partly underground but having less than onehalf of its clear floor-to-ceiling height below the average finished grade of the adjoining ground and with a floor-to-ceiling height of not less than seven and one-half feet. [See Appendix A, Figure A-1). For the purposes of Section 29.9-F, Development in Floodplain Areas, a basement shall be any area of a building having its floor subgrade on all sides.
BAZAAR : A sale of miscellaneous articles to benefit some charity, cause, organization etc.
BED AND BREAKFAST ACCOMMODATIONS : An establishment offering transient lodging accommodations to the general public operated by a resident manager, with a maximum of five guest rooms, with the serving of meals limited to breakfast for guests.
BUFFER, BUFFER AREA OR BUFFER STRIP : A strip of land free of any building, structure or use other than natural woody growths, landscaping, fencing or screening designed to shield or block noise, lights or other nuisances.
BUILDING : A structure having a roof supported by columns or walls and intended for the shelter, housing, or enclosure of any persons, animals or chattel.
BUILDING, ACCESSORY : A building subordinate to the principal building on the same lot, and used for purposes customarily incidental to that of said. principal building.
BUILDING COVERAGE : The percentage of the total area of the lot covered by the ground floor area of all buildings and structures thereon, both principal and accessory, measured by the exterior dimensions of such building. (See Appendix A, Figure A-2)
BUILDING HEIGHT : The vertical distance to the level of the highest point of the roofs surface if the roof is flat, or to the mean level between the eaves and the highest point of the roof if any other type, measured from the average elevation of the finished grade adjacent to the exterior walls of the building. Where such finished grade is established by filling, however, its average elevation shall not be taken to be more than five feet above the average elevation of the outer perimeter of required yard spaces around the building. [See Appendix A, Figure A-3]
BUILDING, PRINCIPAL : A building in which is conducted the primary or principal use of the lot on which said building is situated.
CELLAR : A portion of a building located partly or wholly underground and having one-half or more of its clear floor-to-ceiling height below the average finished grade of the adjoining ground. [See Appendix A, Figure A-1]
CHANGE OF USE : Any proposed use which substantially differs from the existing use of a building, structure or lot, by having different zoning requirements or is otherwise categorized differently in the zoning regulations.
CHANNEL ENCROACHMENT LINES : Lines established along any waterway or flood-prone area, in accordance with Section 22a-342 of the General Statutes, by the Commissioner of Environmental Protection, beyond which, in the direction of the waterway or flood-prone area, no obstruction shall be placed unless authorized by the Commissioner of Environmental Protection.
CHILD DAY CARE CENTER : An establishment which offers or provides a program of supplementary care to more than 12 related or unrelated children outside their own homes on a regular basis for a part of the 24 hours in one or more days in the week.
CLUB : A building, structure or use operated by a nonprofit recreational, fraternal, political, benevolent or athletic organization on a not-for-profit basis for its members or guests accompanying them.
COMMERCIAL : Interchange of goods or commodities, including the offering and/or sale of personal and professional services.
COMMERCIAL USE : Activity carried out for pecuniary gain.
COMMUNITY FACILITY : A building or structure occupied by a public or nonprofit private organization or group for recreational, social or civic purposes, and containing no dwelling units, sleeping accommodations, or public merchandising facilities, other than where the proceeds accrue to the nonprofit organization.
CONGREGATE HOUSING : A form of housing consisting of independent living assisted by on-site congregate meals, housekeeping and personal services for persons 62 years of age or older and/or handicapped persons under 62 together with spouses or others providing care to such individuals.
CURB CUT : The opening along the curb line of a street at which point vehicles may enter or leave the roadway.
CURB LEVEL : The permanently established grade of a street at the edge of pavement or at the base of the curb; in front of a lot.
DECIBEL : A unit of measurement of intensity of sound (the sound pressure level).
DECK : A porch-like structure or portion of a structure, usually constructed of wood, with structural supports.
DEPOSIT : For the purpose of these Regulations with respect to the movement of earth material, shall include, but shall not be limited to, fill, grade, dump, place, discharge or emit.
DESIGNATED AQUIFER : A geologic unit capable of yielding usable amounts of water and designated on a map entitled "Wilton Planning and Zoning Commission Aquifer Map."
DEVELOPMENT : Any man-made 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 or storage of equipment or materials.
DIRECT RECHARGE : The process by which precipitation replenishes a stratified-drift aquifer by natural infiltration through the unsaturated zone to the water table.
DRAINAGE : The controlled removal of surface water or groundwater from land by drains, grading or other means which include runoff controls to minimize erosion and sedimentation during and after construction or development, to maximize groundwater recharge, and to prevent or alleviate flooding.
DUST : Solid particulate matter capable of being air or gas borne.
DWELLING : A building designed or used exclusively as living quarters for one or more families. The term shall not be deemed to include automobile courts, motels, hotels, rooming houses, boarding houses, camping trailers, mobile home trailers, tourist homes or tents.
DWELLING, ATTACHED : A building containing two or more dwelling units attached to each other by continuous vertical party walls, without openings except for utilities, which walls extend from basement or cellar to roof.
DWELLING, DETACHED : A dwelling surrounded on all sides by yards and which does not have any roof, wall or floor in common with any other dwelling unit.
DWELLING, MULTI-FAMILY : A building containing two or more dwelling units, but excluding dwellings with accessory dwelling units.
DWELLING, SINGLE-FAMILY : A dwelling containing one dwelling unit only.
DWELLING UNIT, ACCESSORY : A separate dwelling unit, whether or not it contains cooking facilities, which is in conjunction with, and accessory to, a single-family dwelling, including but not limited to, an in-law apartment, a guest cottage, a studio, or a cabana.
EARTH : Any material of which the ground is composed, including but not limited to soil, loam, sand, gravel, rock, stone, and clay.
EDUCATIONAL RESIDENTIAL FACILITIES : A residential facility operated by a charitable organization that provides food, shelter, and personal guidance to no more than ten (10) students enrolled full time in Wilton Public Schools and two persons who care for them.
EROSION : The detachment and movement of soil or rock fragments or the wearing away of the land surface by water, winds, ice or gravity.
EXCAVATION : The digging out, extraction, regrading, or removal of earth, whether exposed or covered by water, so as to alter its contour.
FAMILY : One person, or a group of two or more persons related by blood, marriage, legal adoption or legal guardianship, or a group of not more than four unrelated persons, living and cooking together as a single housekeeping unit, including domestic help but excluding boarders or roomers.
FAMILY DAY CARE HOME : A private family home caring for not more than six children, including the providers own children not in school full-time, where the children are cared for not less than three nor more than 12 hours during a 24-hour period, where care is given on a regularly recurring basis, and where the principal provider of the service resides on the premises. During the regular school year, a maximum of three additional children who are in school full-time, including the provider's own children, shall be permitted, except that if the provider has more than three children who are in school full-time, all of the provider's children shall be permitted.
FARM : A parcel of land used for the purpose of producing agricultural, horticultural, floricultural, vegetable or fruit products of the soil, including the raising of horses and other domestic farm animals. Riding academies, livery stables, animal kennels, the breeding, raising or habitation of fur-bearing animals, pigs or goats, commercial poultry farms, stands for the sale of produce, or the commercial processing of the products of the farm, shall not be included.
FENCE : A structure designed of any material or combination of materials erected to enclose, separate, screen or buffer areas of land.
FILLING : The process of depositing clean fill such as soil, sand, gravel, rock or clay.
FINISH STRIPPING ESTABLISHMENT : A business or enterprise engaged in the removal of paint, varnish or other finishes from wood, metal or plastic articles through the use of a chemical process.
FLOODPLAIN, 100 YEAR : Areas of flood hazard having a one percent chance or greater of being partially or completely inundated by flood waters in any given year as identified as Flood Zones A, AI-30 and AE on the "Flood Insurance Rate Map (FIRM), Town of Wilton, Connecticut, Fairfield County, effective date February 18, 1998"; or the floodway and floodway fringe as designated on the "Flood Boundary and Floodway Maps, Town of Wilton, Connecticut, Fairfield County, effective date February 18, 1998" and associated flood insurance study or any revision thereto, as prepared by the Federal Emergency Management Agency.
FLOODWAY : The channel of a watercourse and 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, are designated on the "Flood Boundary and Floodway Map, Town of Wilton, Connecticut, Fairfield County, effective date February 18, 1998" or any revision thereto, as prepared by the Federal Emergency Management Agency.
FLOOR AREA, GROSS (GFA) : The sum of the gross horizontal areas of every floor of a building, measured from the exterior face of outside walls or, where appropriate, from the centerline of a common wall separating two buildings, and including hallways, stairs, closets, columns, the thickness of walls and other features, but not including attached or built-in garages, porches or terraces.
FLOOR AREA, NET (NFA) : For the purposes of these Regulations, 85 percent of Gross Floor Area.
FLOOR-AREA-RATIO : The gross floor area of all buildings on a lot divided by the lot area.
FRONTAGE : The length measured along that side or sides of a lot abutting on a public street.
FREQUENCY : The number of oscillations per second of a vibration.
FUNERAL HOME : A building used for the preparation of the deceased for burial and the display of the deceased and ceremonies connected therewith before burial or cremation.
GARAGE, PRIVATE : An accessory building or portion of a principal building used for the parking and storage of motor vehicles and not available to the general public.
GARAGE, PUBLIC : A building or portion thereof, other than a private garage or carport, or any area above or below grade used for the parking and storage of motor vehicles and available to the general public.
GRADE, AVERAGE FINISHED : The mean of the highest and lowest finished grade at the base or foundation of the structure.
GRADE, FINISHED : The final elevation of the ground surface after the completion of grading.
GRADING : Any excavating, grubbing, filling (including hydraulic fill) or stockpiling of earth, or any combination thereof, which results in a change of contour or elevation.
GREENHOUSE : A building constructed mainly of glass or other transparent material, and used as a conservatory for the growing and protection of flowers or plants, and for the propagation and culture thereof.
GROUNDWATER : Water in the subsurface area beneath the water table in which all open spaces are filled with water.
GROUNDWATER RECHARGE AREA : That area from which water is added to the saturated zone by natural processes, such as infiltration of precipitation, or artificial processes, such as induced infiltration.
GROUP HOME, COMMUNITY CARE FACILITY : A residential facility which provides food, shelter, personal guidance and, to the extent necessary, continuing health-related services to mentally retarded or autistic persons.
GROUP DAY CARE HOME : An establishment which offers or provides a program of supplementary care to not less than seven nor more than 12 related or unrelated children on a regular basis for a part of the 24 hours in one or more days in the week.
HANDICAPPED PERSONS : As applied to the congregate housing regulations herein, persons who have been determined to have physical impairments which: (1) are expected to be of long continued and indefinite duration; (2) substantially impede the ability to live independently; and (3) are of such a nature that the ability to live independently could be improved by more suitable housing conditions.
HAZARDOUS WASTE : Waste material which may pose a present or potential hazard to human health or the environment when improperly stored, transported or disposed of or otherwise managed, including, without exception, hazardous waste identified and listed in accordance with Section 3001 of the Resource Conservation and Recovery Act of 1976.
HOME OFFICE, HOME OCCUPATION : A commercial enterprise operated by the resident of a dwelling unit as an accessory use to the residence.
HOTEL OR MOTEL : An establishment offering transient lodging accommodations to the general public and which may provide additional services such as rooms for public assembly, the serving of food, and recreational facilities.
IMPERVIOUS SURFACE COVERAGE : The percentage which the ground floor area of all buildings and structures, specified building appurtenances and the pavement on a lot bears to the lot area.
INTERIOR LIVING AREA : Any space, finished or unfinished, which has a potential ceiling height of not less than seven and a half feet, including a basement or cellar where the ceiling is five feet or more above the adjoining grade along any wall for a depth of fifteen feet or more. Any structure built in a DRD, THRD, or CRA-10 zone, previous to the date of this amendment, (March 1997) shall be considered-a conforming building in terms of maximum interior living area.
JUNK YARD : More than 50 square feet of area used for the storage, collection, processing, purchase, sale, abandonment or accumulation of wastepaper, rags, scrap metal or other scrap or discarded goods, materials, machinery or other types of junk.
KENNEL : An establishment operated as a commercial use in which, are kept, boarded, bred, shown, trained, groomed, housed, or sold.
KITCHEN : A room, place or space within a structure equipped for the preparation and/or cooking of food, containing at a minimum a sink, stove and refrigerator.
LIVESTOCK : Animals kept, raised or offered for sale on a farm.
LOADING SPACE : An off-street area or berth for the loading or unloading of commercial vehicles.
LOT : A parcel of land occupied or capable of being occupied by a principal building, structure or use and the accessory buildings and uses customarily incidental thereto.
LOT OF RECORD : A lot, which is either part of an approved subdivision recorded in the office of the Town Clerk or described. by metes and bounds, which has been recorded in the land records of the Town prior to July 6, 1951, including those lots subject to "free cuts".
LOT AREA : The total area within the lot lines of a lot, excluding any street rights-of-way.
LOT, CORNER : A lot which abuts two or more streets at their intersection, or which abuts two parts of the same street forming an interior angle of less than 135 degrees. [See Appendix A, Figure A-4]
LOT, INTERIOR : A lot abutting only one street. [See Appendix A, Figure A-4]
LOT, REAR : A lot located to the rear of another lot and served by an access way owned in fee by the owner of the rear lot. [See Appendix A, Figure A-4]
LOT, THROUGH : A lot which abuts two parallel streets, or which abuts on two streets which do not intersect at the boundaries of the lot. [See Appendix A, Figure A-4]
LOT LINE : A line bounding the area of a lot.
LOT LINE, FRONT : The line separating the lot from the street right-of-way.
LOT LINE, REAR : The lot line which is generally opposite the front lot line; if the rear lot line is less than ten feet in length, or if the lot comes to a point at the rear, the "rear lot line" shall be deemed to be a line parallel to the front lot line, not less than ten feet long, and lying wholly within the lot and farthest from the front lot line.
LOT LINE, SIDE : Any property line extending from the front lot line to the rear lot line.
LOT WIDTH AND DEPTH : The horizontal distance of each side of the largest square that can be formed entirely within the lot or parcel.
LOWEST FLOOR : The lowest floor of the lowest enclosed area (including basement).
MANUFACTURING : The making, processing, fabrication or assembling of goods or wares by manual labor or by machinery.
MOTOR VEHICLE SERVICE STATION : Any area of land, including structures thereon, or any building or part thereof that is used for the sale of motor fuels and which may include the sale of motor vehicle accessories and facilities for lubricating, washing or otherwise servicing motor vehicles, but not including body work, major repair or painting thereof by mechanical means.
MULTI-USE BUILDING : A building containing two or more different uses, or two or more different commercial occupants.
NON-CONFORMING LOT : A lot of record of which the size and dimensions was lawful at the time of creation, but which by revision, adoption or amendment of regulations, fails to conform to the present size or dimensional requirements of the zoning district in which it is located.
NON-CONFORMING STRUCTURE OR BUILDING : A structure or building of which the size, dimensions or location was lawful at the time of adoption or amendment of these Regulations but which by reason of such adoption or amendment fails to conform to the present location, bulk or dimensional requirements of the zoning district in which it is located.
NON-CONFORMING USE : A use or activity which was lawful at the time of adoption or amendment of these Regulations, but which by reason of such adoption or amendment fails to conform to the present uses permitted in the zoning district in which it is located.
NURSERY : Land devoted to the commercial raising and sale of trees, plants, flowers, or shrubs and which may include greenhouses.
OFFICE, GENERAL : A room or group of rooms used for conducting the affairs of a business, profession, service, industry or government but excluding those associated with the medical profession or the sale or leasing of real estate.
OFFICE, MEDICAL : A room, group of rooms, or facilities used for conducting the affairs of those associated with the medical profession.
OPEN SPACE : A space not occupied by a building or structure on the same lot as the principal building or use.
PARKING AREA : Any public or private land area designed and used for parking motor vehicles including parking lots, garages, private driveways and legally designated areas of public streets.
PARKING LOT : An off-street, ground level area used for the temporary parking of more than four motor vehicles and available to the general public, whether for free or for compensation, or to accommodate employees, clients, customers or residents, but not including private driveways:
PARKING SPACE, OFF-STREET : The area designed or intended for the temporary parking of a motor vehicle, not including aisles and driveways giving access thereto, located in other than a public street or other public way and having a permanent means of access to a public street without requiring passage through another parking space.
PARTICULATE MATTER : Any finely divided liquid or solid matter, including smoke, capable of being air or gas borne.
PERSONAL SERVICE BUSINESS : Businesses primarily engaged in providing services involving the care of a person or his or her apparel, such as barbershop, beauty salon, shoe repair, dry cleaning, tailoring or dressmaking, optician, clothing rental, photographic studio and other similar services.
PET : An animal that is domesticated and usually kept in the home for personal use or enjoyment.
PLACE OF WORSHIP : A building which is intended for the conduct of religious services and which is maintained and controlled by a religious body organized to sustain public worship and recognized as such for nonprofit status by the Internal Revenue Service.
PORCH : A structure, with or without a roof, projecting out from the wall or walls of a building, including a deck.
PREMISES : A lot, parcel or tract of land together with the buildings and structures thereon.
PRIMARY RECHARGE AREA : That area immediately overlying the stratified-drift aquifer and adjacent areas of stratified drift that may not have a sufficient saturated thickness to be part of the aquifer. The boundary of the primary recharge area is the contact between the stratified drift and adjacent till or bedrock.
PRIVATE : Confined to, or intended, only for the person or persons immediately concerned.
PRIVATE SCHOOL : Any building or group of buildings the use of which meets the State's requirements for primary, secondary or higher education and which is not operated by the Town or State.
PUBLIC : Belonging, or available, to all the people.
PUBLIC AND SEMI-PUBLIC USE : A nonprofit or quasi-public use or institution such as a place of worship, library, post office, hospital, school or facility of the Town, State, or Federal Government.
PUBLIC SCHOOL : Any building or group of buildings the use of which meets the State's requirements for primary, secondary or higher education and which is operated by the Town or State.
QUANTITY : For the purpose of measuring the intensity of light, the amount of brightness, glare or luminescence for which these Regulations establish acceptable limits in terms of foot-candles for a point source and for an area source.
RECREATION FACILITY : A place designed and equipped for the conduct of sports, leisure time activities and other customary and usual recreational activities.
RECREATIONAL VEHICLE : A portable vehicle built on a chassis, which can be towed, hauled or driven and primarily designed to be used as temporary living accommodations for travel, camping and recreational purposes, including but not limited to campers, travel trailers and motor homes but excluding manufactured homes. Recreational vehicles shall not be stored in special flood hazard areas. Recreational vehicles and similar transportable structures placed on a site for 180 consecutive days or longer shall be anchored down and elevated to or above the base flood elevation.
RESEARCH AND DEVELOPMENT LABORATORY : Any laboratory engaged exclusively in the pursuit of scientific research and development, including the research and development of manufactured, processed or compounded products.
RESIDENCE : A dwelling unit or group of dwelling units.
RESTAURANT, SIT-DOWN : An establishment or use whose principal business is the preparation and serving of food for consumption on the premises, primarily served by a waiter or waitress at tables, booths or similar sit-down accommodations within the restaurant building.
RESTAURANT, FAST FOOD : An establishment or use whose principal business is the sale of pre-prepared or rapidly prepared foods, frozen desserts or beverages to the customer in a ready-to-consume state, primarily served in paper, plastic or other disposable containers, for consumption within the restaurant building, elsewhere on the premises, or for carry-out or delivery for consumption off the premises.
RIDING STABLE : A place where more than one horse per one-half acre of lot area or a total of three horses whichever is less, are kept, ridden, boarded, bred, shown, trained, groomed, housed or sold.
RIGHT-OF-WAY, STREET : The area of a public or private street, between the two opposing street lines of that street.
RINGELMANN SMOKE CHART : A chart for determining the density of smoke, issued by the Federal Bureau of Mines.
SEDIMENT : Solid material, either mineral or organic, that is in suspension, is transported, or has been moved from its site of origin by erosion as per 29-9.A.
SENIOR CITIZEN HOUSING : Dwelling units solely for use and occupancy by person(s) at least 62 years of age, or a spouse, sibling(s), child(ren) or one nurse or companion of same.
SEWAGE EFFLUENT : The waste content found in septic tanks.
SETBACK LINE : The line measured from a property line, as established by the minimum yard requirements of these Regulations, behind which buildings and structures may be legally erected.
SEXUALLY ORIENTED BUSINESS : A nightclub, bar, restaurant, or similar establishment that regularly features live performances that are characterized by the exposure of specified anatomical areas or by specified sexual activities, or any business that features, sells or rents films, motion pictures, video cassettes, slides, books, magazines, newspapers or other forms of visual or audio presentations in which more than ten percent (10%) of the total presentation time or more than ten percent (10%) of the stock material is devoted to the showing of material that is characterized by any emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.
SIGN : Any structure or part thereof, or any device attached thereto or painted thereon, or any material or thing, illuminated or otherwise, which displays or includes any numeral, letter, emblem, device, trademark or other representation used as an announcement, designation, direction or display, to advertise or promote any person, firm, group, organization, commodity, service, event, profession or enterprise, when said display is placed out-of-doors or placed in a window intended for view by the people outside the establishment, but not including the following: the flag or insignia of any government or governmental agency; the flag of any civic, political, charitable, religious, patriotic, fraternal or similar organization which is hung on a flagpole or a mast; or any Christmas or other seasonal holiday decorations which do not contain commercial lettering, wording, designs, symbols or other devices.
SITE COVERAGE : That portion of the total area of a lot covered by buildings, structures, parking, drives, pavement or impervious surface treatment. .
SLOPE TREATMENTS : Stabilization methods, for a man-made or altered slope, to include but not limited to; riprap, boulder stabilization, gabions or any other surface treatment other than vegetation.
SMOKE : Any emission into the open air from any source, except emissions of an uncontaminated water vapor.
SMOKE UNIT : A measure of the quantity of smoke being discharged, which is the number obtained by multiplying the smoke density in the Ringelmann Smoke Chart by the time of emission in minutes - For example, the emission of Ringelmann Smoke Chart No. 1 for one minute equals one "smoke unit".
SOIL : Any unconsolidated mineral or organic material of whatever origin.
SOIL EROSION AND SEDIMENTATION CONTROL PLAN : A plan that indicates necessary land treatment measures, including a schedule for installation, which effectively minimizes soil erosion and sedimentation.
SOLID WASTE : Unwanted or discarded materials, including solid, liquid or contained gaseous materials.
SOUND LEVEL METER : An instrument, standardized by the American Standards Association, used for measurement of the intensity of sound and calibrated in decibels.
SPECIFIED ANATOMICAL AREA : The section of the body less than completely and/or opaquely covered including human genitals, pubic region, buttock, female breast below a point immediately above the top of the areola and human male genitals in a discernibly turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES : Human genitals in a state of sexual stimulation or arousal, acts of human masturbation, sexual intercourse or sodomy, or fondling or other erotic touching of human genitals, pubic regions, buttocks or female breasts.
STOOP : Any raised building entrance platform with one or more steps leading up to it.
STORE, GROCERY : Store selling primarily foodstuffs for preparation and consumption off the premises.
STORY : That portion of a building including between the surface of any floor and the surface of the floor next above it, or, if there is no floor above it, then the space between the floor and the ceiling next above it. A basement shall be counted as a "story" if its ceiling is more than five feet above the elevation from which the height of the building is measured.
STORY, ONE-HALF : A portion of a story directly above or below the story, as herein defined, in the same building and accessible by interior stairway or elevator from the said story, provided the floor area, as defined herein, of the said "half-story" does not exceed 50 percent of the floor area of the said story.
STREET : An existing state or town highway, or a way shown upon a subdivision plat approved by the Planning and Zoning Commission, as provided by law, or a way shown on a plat duly filed and recorded in the office of the Town Clerk prior to July 6, 1951, but not including private driveways or rights-of-way.
STREET LINE : A common line between a lot and a street right-of-way.
STRUCTURE : Anything constructed or erected, the use of which requires (1) location on, in or under the ground or water or, (2) attachment to something having location on the ground or water, including but not limited to: buildings, swimming pools, tennis courts, towers, paddle or platform tennis courts, docks, balconies, open entries, porches, decks, handicap ramps, signs, permanent awnings, a gas or liquid storage tank that is principally above ground, ground-mounted antennas, ground-mounted solar panels and satellite dishes, and fences or walls-more than six feet in height, other than retaining walls.
STRUCTURE, ACCESSORY : A structure, the use of which is customarily incidental and subordinate to that of the principal building, structure or use on the same lot.
STRUCTURAL ALTERATION : Any change in or addition to the supporting members of a structure or building such as bearing walls, columns, beams or girders or other such work requiring a building permit under the State Building Code.
STUDY : A room located in an apartment, in addition to the living room, bedrooms, kitchen, dining room and baths, which is not used primarily for sleeping.
SWIMMING POOL : A water-filled structure, permanently constructed or portable, having a depth of more than 24 inches and a water surface area of more than 60 square feet, designed, used, and maintained for bathing or swimming.
TAG SALE : The public sale of personal household goods by the owner thereof in conjunction with the cleaning out or vacating of residential premises. It does not encompass the sale of any goods brought to the premises for the purposes of public sale. "Tag sale" shall also include "garage sale", "barn sale", "yard sale" and other similar activities.
TEMPORARY STRUCTURE : A structure without any foundation or footings and which is removed when the designated time period, activity or use for which the temporary structure was erected has ceased.
TEMPORARY USE : A use established for a fixed period of time with the intent to cease such use upon the expiration of the time period.
TERRACE OR PATIO : A level, landscaped and/or surfaced area located on the ground with no structural supports other than subsurface base material and retaining walls. A terrace or patio located at grade or ground level shall not be deemed a structure.
TOWER : A structure, whether freestanding or attached to a building or another structure, that is used to support equipment used to collect, transmit and/or receive telecommunications or radio signals. Examples include monopoles and lattice construction steel structures.
TRAILER : Any vehicle which is, has been, or may be mounted on wheels designed to be towed or propelled by 'another vehicle which is self-propelled, and may or may not be equipped with sleeping or cooking accommodations, or afford traveling accommodations, or for the transportation of goods, wares or merchandise.
USE : The specific purpose for which land, water or any structure is designed, arranged, intended or occupied.
USE, ACCESSORY : A use which is customarily incidental and subordinate to the principal use on a lot, and located on the same lot therewith.
VEHICLE, COMMERCIAL : Any motor vehicle with commercial license plates or with lettering, markings, racks or other apparent accessories indicating it is intended for use other than personal and/or recreational transportation.
VEHICLE STORAGE AREA : An area accessory to an automotive sales and service business limited to the parking and storage of vehicles awaiting sale; not to be used for public parking.
VETERINARY HOSPITAL : A building for the medical and/or surgical care of sick or injured animals.
WATERCOURSES : As defined in Section 22a-38 of the Connecticut General Statutes.
WATER TABLE : The interface between the saturated zone and the unsaturated zone.
WETLANDS : As defined in Section 22a-38 of the Connecticut General Statutes.
YARD : An open space on the same lot with a building or group of buildings, which open space lies between the building or group of buildings and the nearest lot line, and is unoccupied and unobstructed from the ground upward, except for permitted accessory uses and structures. In measuring a yard, as required by these regulations, the line of building shall be deemed to mean a line parallel to the nearest lot line, drawn through the closest point of the building or group of buildings nearest to such lot line, and the measure shall be taken at right angles from the line of the building, as defined herein, to the nearest lot line.
YARD, FRONT : An open space extending across the full width of a lot and lying between the front lot line and the nearest facing wall of a building. [See Appendix A, Figure A-5]
YARD, REAR : An open space extending across the full width of a lot and lying between the rear lot line and the nearest facing wall of a building on the same lot. [See Appendix A, Figure A-5]
YARD, SIDE : An open space between the side line of a lot and the nearest facing wall of a building, and extending from the front yard to the rear yard, or in the absence of either of such yards, to the front and rear lot line, as the case may be. [See Appendix A, Figure A-5]
YARD, REQUIRED : An open space between a lot line and the permitted buildable area within which no structure- shall be located except as specifically permitted by these Regulations.
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 land line 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 busy 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 (STEALTH) : 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 transmit and/or receive electromagnetic telecommunication or radio signals. Examples include panels, satellite dish Antennas, parabolic (microwave) dishes and monopoles.
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 : See Licensed Carrier.
CO-LOCATION : The use of a single Mount on the ground by more than one Licensed Carrier (vertical Co-Location) and/or several Mounts on an existing building or structure by more than one Licensed Carrier.
DBM : A measure of radio frequency signal power referenced to 1 milliwatt that indicates the relative amount of power 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. Elevation shall be measured in such a manner as to include the highest portion of a Tower or Antenna, whichever structure is higher.
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 batteries and electrical equipment are housed.
FACILITY : Equipment, towers, mounts, antennae to be used by a licensed carrier for the provisions of personal wireless services.
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 provide Personal Wireless Services.
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.
MUNICIPAL TOWER : A Tower designated and. constructed primarily for the purpose of supporting communications equipment utilized by the Town of Wilton.
OMNI-DIRECTIONAL (WHIP) ANTENNA : A thin rod that beams and receives a signal in all directions. These Antennae 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 Antennae 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 Licensed Carrier wireless exchange access services. These services include: cellular services and personal communication services (PCS).
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.
RADIO FREQUENCY (RF) SIGNAL COMBINING : Systems that combine the RF common Antenna.
REGULATED FACILITY, SERVICE AND/OR SITE : The equipment, Towers, Mount, Antennas and other telecommunication structures and sites 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.
ROAMING : In the context of this regulation means the brief use of other Licensed Carriers' services as a phone user moves through the town.
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 extraterrestrial or terrestrial sources.
SATELLITE AND MICROWAVE DISH ANTENNAE : A parabolic-shaped Antenna device used for receiving or transmitting radio frequencies.
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 Licensed Carrier's array of Antennas and another Licensed Carrier's array.
TELECOMMUNICATION ACT OF 1996 : Telecommunication Act of 1996, 47 U.S.C. Sec. 332 et seq.
TEMPORARY PERSONAL WIRELESS COMMUNICATION FACILITY : A facility that is installed and placed in use for a time period of not more than 30 days. Such facilities shall not have a permanent foundation and must meet the FCC guidelines for RFR levels.
TOWER : Any structure that is designated 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:
a. Guyed Tower: A monopole Tower or lattice Tower that is tied to the ground or other surface by diagonal cables.
b. Lattice Tower: A type of Mount that is self-supporting with multiple legs and cross bracing of structural steel.
c. Monopole Tower: The type of Mount that is self-supporting with a single shaft of wood, steel, fiberglass concrete or other material, and panel Antennas arrayed at the top.
HOUSING OPPORTUNITY UNIT means a dwelling unit for which the maximum rent or price is calculated and maintained in accordance with Conn. Gen. Stat. § 8-30g, and § 8-30g-1 et seq. of the Regulations of Connecticut State Agencies.
CERTIFICATION . A signed, written approval by the Commission that a Control Plan complies with the applicable requirements of this section.
DEVELOPMENT . In connection with a Control Plan, any construction or grading activities to improved or unimproved real estate.
DISTURBED AREA . An area where the ground cover is destroyed or removed leaving the land subject to accelerated erosion.