ACCESSORY BUILDING OR USE Accessory building or use is one subordinate and customarily incidental to the principal building and/or use on the same lot. A building attached to the principal building by a covered passageway or having a wall or a part of wall in common with the principal building shall be considered an integral part of the principal building and not an accessory building and shall be governed by the height and yard requirements applicable to the principal building. A detached private garage shall be deemed an accessory building. A house for the occasional use of bona fide nonpaying transient guests of the occupants of the principal building on a lot shall be deemed an accessory building.
ABUTTING/ADJOINING Separated by no intervening private property and sharing a common boundary or land which is separated only by a public street or private right of way.
ADDITION An extension or increase in floor area or height of a building or structure or an increase in total ground coverage.
AGRICULTURE The primary production of products of the sod, involving the cultivation of the land and raising and harvesting of these products, including, but not limited to, nurseries, horticulture, forestry, livestock and poultry
ALTERATION As applied to a building or structure, a change or rearrangement in the structural parts thereof, the movement of all or any part thereof, or the substantial reconstruction thereof, so as to produce a substantial change in the appearance, character, or construction, an enlargement, whether by increasing the height, coverage, volume of floor area As applied to a use, a change or enlargement in the character, area occupied by, intensity, or scope of the use, including, but not limited to, the extension of the hours of operation, the addition of other activities, equipment, functions, or processes, or the extension into additional land or building area
ANTENNA Any system of wires, poles, rods, reflecting discs, or similar devices used for the transmission or reception of electromagnetic waves
ANTIQUES Any work of art, piece of furniture, decorative object, or the like, created and produced in a former period
AQUIFER Land having course grained stratified drift deposits bearing water and capable of sustaining a public or private water supply
ARCADE Any building or premises which contains three (3) or more electronic and/or mechanical, pinball and/or video machines or games
ASSISTED LIVING FACILITY A managed residential community that is restricted, to extent allowed by state and federal law, to persons who are 55 or more years of age, and that provides assistance with activities of daily living to the residents so that they may maintain a maximum of level of independence Services provided by the facility are provided on a 24-hour bass and include assistance with activities of daily living to include bathing, dressing, ambulating, toileting, medication monitoring, and meal preparation Services are also provided in the following areas linen service, recreation, security, transportation, off-site shopping assistance, and housekeeping Assisted living facilities may also provide for the daily living needs of memory impaired residents
AWNING A roof-like cover that is temporary or permanent that projects from the wall of a building for the purpose of shielding an area, doorway or window from the other elements
BAZAAR A sale of miscellaneous articles to benefit some charity, cause, organization, etc
BOARD OF APPEALS The Zoning Board of Appeals of Woodbury, Connecticut
BUFFER Land area without buildings, structures, or parking, used to visibly separate the use from another or to block noise, lights, or other nuisances, generally through the use of landscaping, fences and/or vegetation
BUILDING Any structure having a room and intended for the shelter, housing or enclosure of persons, animals or materials
BUILDING AREA/BUILDING COVERAGE The area of the ground beneath a building (i e dripline), including the area of all covered porches, eaves, and similar roofed portions of the building
BUILDING HEIGHT The greatest vertical distance as measured from the sill line to the ridge line of a building or structure, including roof top service structures housing mechanical equipment, but excluding exposed portions of a foundation
BUILDING LINE The rear limits of the minimum front yard, the line between which and the street no structure may be erected
BUILDING OFFICIAL The Building Official, also known as the Building Inspector, of the Town of Woodbury, Connecticut
BUILDING PERMIT A permit for construction issued by the Building Official
BULK : The size and shape of buildings, structures or other site improvements; the physical relationships of their exterior walls or their relation to lot lines and other buildings or other walls of the same building, and all open spaces required in connection with a building Bulk Regulations include regulations that deal with floor area, building height, lot area per dwelling unit, lot frontage, lot width, required yard areas, spacing between buildings on a single lot or development and length of buildings in a row.
CALIPER, TREE : The diameter of a tree trunk, measured six (6) inches above the ground
CONVALESCENT HOME/NURSING HOME : A dwelling in which more than two persons, other than members of the family of the person owning or renting said dwelling, suffering from abnormal physical conditions or the infirmities of old age are provided with lodging and furnished with meals and nursing care for hire
ELDERLY HOUSING : Dwelling units designed especially for the elderly or disabled persons, restricted, in perpetuity, for the occupancy of such persons
HEALTH CARE FACILITY : A building or group of buildings composed, at a minimum, of residences or sleeping quarters and common dining facilities, and offering limited medical care, all functioning in an integrated manner
HOSPITAL : A place for the diagnosis, treatment or care of human ailments including, without limitation, a sanitarium, convalescent home, but not including correctional institutions or places to which persons may be involuntarily committed
CARNIVAL : A traveling amusement show including, but not limited to, games and rides
CEMETERY : Land used for the burial of the dead, and dedicated for cemetery purposes, excluding columbariums, mausoleums, and mortuaries, established and operated by an ecclesiastical society or cemetery association
CERTIFICATE OF OCCUPANCY/USE : A certificate permitting the occupancy or use of a building, structure or land and attesting to the applicant's having met all requirements of these regulations and other applicable laws Such certificate may be issued only after a final inspection by the Building Official and a certificate of zoning compliance by the Zoning Enforcement Officer
CERTIFICATE OF ZONING COMPLIANCE : A certificate issued by the Zoning Enforcement Officer stating that a specified use or structure is in conformance with all these regulations or is a valid nonconformity
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.
CHURCH : An institution intended for the primary use of conducting religious services, meetings and like activities.
CIRCUS : A traveling show of acrobats, clowns, trained animals and other entertainment often performed m the open or under a tent
CLUB : An organization of persons which is the owner, lessee, or occupant of an establishment operated principally for a recreational, social, partriotic, benevolent, or athletic purpose, but not for profit, and includes the establishment so operated A club shall cater exclusively to its members and their guest accompanying them A member of a club is a person who, whether as a charter member or admitted in agreement with the bylaws or rules of the club, has become a bona fide member thereof, who maintains membership by the payment of dues in a bona fide manner in accordance with such bylaws or rules and whose name and address are entered on the official list of club membership
COMMERCIAL USE : Any activity carried out for pecuniary gain.
COMMISSION : The Zoning Commission of Woodbury, Connecticut
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
CONCERT : A public performance of music or dance.
CORRAL : A fenced enclosure for containing livestock
CURB CUT : The opening along the curb line of a street at which point vehicles may enter or exit the roadway
ADULT DAY CARE CENTER : An establishment which offers or provides a program of supplementary care for adult persons outside their home for part of the 24 hours m one or more days in the week.
CHILD DAY CARE CENTER : Offers or provides a program of supplementary care to more than twelve related or unrelated children outside their own homes on a regular bass for a part of the twenty-four hours in one or more days in the week.
FAMILY DAY CARE HOME : A private family caring for not more than six children, including the provider's own children not in school full time, where the children are cared for not less than three nor more than twelve hours during a twenty-four hour period and where care is given on a regularly recurring bass 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 the provider's children shall be permitted.
GROUP DAY CARE HOME : Offers or provides a program of supplementary care to not less than seven children nor more than twelve related or unrelated children on a regular bass for a part of the twenty-four hours in one or more days in the week.
DANCE STUDIO : A place in which instruction of all forms of dance such as classical, ballet, tap, jazz, etc along with aerobic exercise, gymnastics and karate.
DENSITY : The maximum number of dwelling units permitted per acre of developable acreage or the maximum number of items per a given defined area
DEVELOPMENT : Any man-made change to improved or unimproved real estate, including, but not limited to the construction of buildings, or other structures, mining, dredging, filling, grading, paving, excavation, or drilling operations, or permanent storage of materials.
DISTURBED AREA : An area where the ground cover is destroyed or removed leaving the land subject to erosion
DISTRIBUTION CENTER : An establishment engaged in the receipt and distribution of goods, products, -cargo and materials including trans shipment of goods, products, cargo and materials by motor vehicle but excluding bulk storage of materials that are inflammable or explosive or that create hazardous or commonly recognized offensive conditions
DRIVE-IN : A use or an establishment designed or operated for such use, where a patron is served while seated in an automobile parked m an off-street or on-street parking area
DWELLING : A building designed or used as the living quarters for one or more persons
DWELLING, SINGLE FAMILY : A single detached building on one lot used for residential purposes for one family only.
DWELLING, TWO FAMILY : A single detached building on one lot used for residential purposes designed and/or used for occupancy by two families living independently of each other
DWELLING, MULTI-FAMILY : A dwelling or group of dwellings on one lot, containing separate dwelling units for two or more families but which may have joint entrances, services and facilities other than kitchen and bathroom facilities.
DWELLING UNIT : One room, or rooms connected together, constituting a single separate, independent housekeeping establishment for owner or renter occupancy, and containing independent cooking, sleeping, and toilet facilities
EASEMENT : A right. established in a deed or other legal document, of one party to use land of a second party for a special purpose
ENLARGEMENT, OR TO ENLARGE : Any addition to the floor area of an existing building, an increase in size of any other structure, or an increase in that portion of a tract of land occupied by an existing use `To enlarge' is to make an enlargement.
EROSION : The detachment and movement of soil or rock fragments by water, wind, ice or gravity
EXTENSION : An increase or amplification, as distinguished from establishment or inception "Extension' shall be deemed to include any increase in the normal days or hours of operation, change in the character of the operation or any increase in the scope of services offered, of any nonconforming, nonresidential use of land, buildings, or structures
FAIR : A gathering or public exhibition at which products or crafts are sold, displayed or judged competitively and/or at which amusements are provided for public enjoyment
FARM : Any tract of land for which the principal use is dairying, or the raising of agricultural products, forest products, livestock, or poultry, and any uses accessory thereto, but excluding dog kennels, cattle feed lots, rendering plants, commercial nurseries, commercial greenhouses, pig farms, slaughter and/or packing houses, and other similar commercial and/or industrial operations which do not directly relate to the production of raw, unprocessed agricultural products
FIRE MARSHALL : The legally designated individual known as the Fire Marshall.
FENCE : Any artificially constructed barrier of any material or combination of materials erected above grade to enclose or screen areas of land.
FLOOR AREA : For purposes of determining floor area, those parts of a building which are part of the heated interior, with a minimum headroom of seven feet (floor to ceiling vertically), at ground floor level or accessible from the ground floor level by interior permanent stairway Rooms partially below grade may be counted only if there is window area entirely two feet or more above grade equal to 1/8 or more of the floor space in each room, and 45% or more of such window area can be opened Open or enclosed porches, verandas, garages or other attached structures, basement rooms, cellars and rooms for heating equipment shall not be counted
COUNTRY INN/RESTAURANT : A building, a portion of which is occupied by the owner thereof as a permanent residence, and which building is designed or used for the short term rental of more than four (4) rooms and not more than twelve (12) rooms and a total of twenty-four (24) transient guests Country Inn/Restaurant shall not include any cooking facilities in rooms, but may include meals served by the owner to guests and the general public A Country Inn/Restaurant shall be designed so that normal access and egress are from a centralized point, as distinguished from a motel.
DELI : A commercial enterprise whose principal business is the serving of freshly prepared foods, such as sandwiches and related food items and beverages for consumption on or off the premises along with the sale of other grocery or food items
ICE CREAM PARLOR/SHOP : A commercial enterprise where ice cream, soda and ice cream related products are the primary sold, provided customers are served only when inside the building, and further provided there are seats located inside the building for use by customers
RESTAURANT : A commercial enterprise whose primary function is the direct sale of food to the general public for consumption on the premises, with food service primarily to customers seated at tables or at counters in enclosed buildings Music and entertainment may be provided as an accessory use provided an area set aside for such entertainment may not exceed five percent of the gross floor area of the restaurant A restaurant shall not include drive-m, window service, or other outdoor service other than outdoor tables
RESTAURANT, DINER : A commercial enterprise whose principal business is the serving of meals for consumption primarily on the premises, where the area devoted to such use does not exceed 2,000 square feet and where table service is provided. As an accessory use, a diner may also sell baked goods such as cakes, donuts, pies and other similar products for off site consumption
RESTAURANT, FAST FOOD : A commercial enterprise whose principal business is the sale of pre-prepared or rapidly prepared food sold directly to the customer in a ready to consume state packaged in disposable containers or wrapping, with two or more of the following features. menu boards, central ordering area, microphone or headsets, unavailability of beer, wine or alcoholic beverages, visible cooking facilities or unavailability of table service
FUNERAL HOME : A building used for the preparation of the deceased for burial and/or the display of the deceased and ceremonies connected therewith before burial or cremation Shall not include a crematorium
GARAGE, PRIVATE : A detached or accessory building or a portion of a main building for the parking and storage only of automobiles belonging to the occupants of the premises.
GARAGE, PUBLIC : A building other than a private garage used for the maintenance and repair of motor vehicles or for the storage of five or more motor vehicles
GARDEN APARTMENTS : A residential structure containing not less than four (4) dwelling units, or a group of such buildings
GAS/SERVICE STATION : A building and required accessories needed to provide fuel, lubrication, and/or minor motor vehicle repairs, excluding activities pursuant to a general repairs license.
GRADING : Any excavating, grubbing, filling or stockpiling of earth materials or any combination thereof, including the land in its excavated or filled condition.
GREENHOUSE : An agricultural structure constructed primarily of glass or other translucent material and used for the production of crops, nursery stock or similar agricultural product.
HAZARDOUS MATERIALS OR WASTES : Any element, compound mixture, solution, substance or combination thereof, which, because of quantity, concentration, or physical, chemical, or infectious characteristics, poses a significant present or potential hazard to water supplies or to human health if disposed of into or on any land or water in the Town of Woodbury. "Hazardous materials or wastes" includes, but is not limited to, any substances regulated as a "hazardous waste," "hazardous material," or "hazardous substance" under any federal, state or local law, including, but not limited to, CGS 22a-115(1), 22a-448 through 22a-457, CGS 29-336 through 29-341, 42 United States Code Section 6903(5), and 42 United States Code Section 9601(14), as amended from time to time
HEALTH OFFICER : The legally-designated health authority of the Town of Woodbury or its authorized representative(s)
HOME OCCUPATION : A nonresidential use not otherwise permitted in residential districts, which is clearly accessory and secondary to the residential use of the property Any occupation entailing substantial patronage in excess of five (5) appointments per hour or which create nuisances, noise, glare or odor shall not be considered "Home Occupations"
HOUSEHOLD PET : A cat, dog or other animal which usually kept as a companion and housed with human occupants m a residential building.
ILLEGAL USE OF LAND, BUILDING OR STRUCTURE : Any uses, whether of a building or other structure, or of a tract of land, or, the erection of any building or structure, in/on which a violation of any provision of these Regulations has been committed or shall exist, or which use is not specifically listed as permitted in these Regulations Such violation shall be determined as of the date of establishment of such use, as nearly as the same may be determined.
IMPROVEMENT : Any change or alteration to the existing conditions of a site for the purpose of complying with these Regulations or rendering the site more suitable for development and/or habitation As used m these Regulations, improvements include, but are not limited to, paved streets, curbs, gutters, sidewalks, utilities, street signs, monuments, shade trees, drainage facilities, erosion and sediment control measures, fire ponds, sewer and water systems, buildings, earth filling or removal, seeding, and grading.
INDUSTRIAL PARK : A tract of five or more acres of land which is planned in conformity with the comprehensive plan as the site for one or more industries
INTENSIFICATION OR TO INTENSIFY : A change m the degree of a use that (a) reflects the nature and purpose of the original use, (b) does not change the character, nature and kind of use; and (c) does not effect a substantial difference upon the neighborhood Intensification shall be deemed to include an improved technology or instrumentality that does not constitute a marked departure from the original use
INTERMITTENT : The periodic recurrence of a use on the same property, provided such use is held no more frequently than every 27 days up to a maximum of four times m any one calendar year
JUNK YARDS : Any land or building used in whole or in part for the collecting, storage, and/or sale of waste paper, rags, scrap metal, or other similar material and including an automobile junk yard as defined m the Connecticut General Statutes, but not including Town refuse disposal areas and/or transfer stations
KENNEL, COMMERCIAL : A kennel maintained as a business for boarding or grooming dogs, including a veterinary hospital boarding or grooming dogs for nonmedical purposes
KENNEL, HOBBY : One pack or collection of animals, not to exceed five adult animals, kept under one ownership on a single premise bred for pleasure, show, sports or sale
LANDSCAPED BUFFER : The portion of the lot within the front, rear or side yard upon which there shall be no construction except for a driveway or sign and within which must be planted a combination of grass, trees and shrubs, to shield construction on-site from adjacent properties.
LAND CUTTING : The removal of trees, shrubs, or undergrowth with the intention of preparing real property for nonagricultural development.
LIVE- STOCK : All animals except household pets.
BED AND BREAKFAST : An owner-occupied private residence in which lodging and breakfast is provided for not more than eight transient paying guests and shall not utilize more than four rooms.
COUNTRY INN : A building, a portion of which is occupied by the owner thereof as a permanent residence, and which building is designed or used for the short term rental of more than four rooms and not more than 12 rooms and a total of 24 transient guests. Country Inn shall not include any cooking facilities in rooms, but may include meals served by the owner to registered guests. A Country Inn shall be designed so that normal access and egress are from a centralized point, as distinguished from a motel.
HOTEL : A building designed to be used as the more or less temporary abiding place of nine or more persons, or providing-six or-more-sleeping-rooms; in-which-lodging-is provided for compensation with or without meal service including the general public.
MOTEL : Any structure or group of structures having sleeping rooms, with separate outside entrance for each room or suite of rooms, in which lodging is provided for transient guests for compensation.
LOT : A plot or parcel of land under the same ownership occupied or capable of being occupied by one principal building and the accessory buildings and uses customarily incident to it, including such yards and areas as are required by these Regulations in the case of public institutions, commercial or industrial buildings, a group of buildings under the same ownership may be considered as occupying the same lot A lot may, but need not be delineated by, a recorded deed or map
LOT AREA : The area of horizontal plane bounded by the front, side, and rear lot lines.
LOT, CORNER : A lot situated at the intersection of two streets which meet at an angle of not more than 135 degrees.
LOT COVERAGE : The ratio between the Building Area and the Lot Area, expressed as a percent
LOT, MINIMUM SIZE : In an O.S. zone, the minimum lot size shall be
OS-60 60,000 square feet
OS-80 80,000 square feet
LOT, THROUGH : A lot having both front and rear yards abutting on a street
LOT, WIDTH OF : The distance between the side lines of a lot measured ether along the front street line or the building line
MANUFACTURING : Any process whereby the nature, size, or shape of an article is changed or where articles are assembled or packaged in quantity
MINIMUM SQUARE : A square with sides of the length designated for a zone in which it is being applied and which must be capable of being drawn entirely within the boundaries and behind the minimum front yard setback line of a lot in said zone.
MOTOR VEHICLE : Any vehicle as defined m Connecticut General Statutes Section 14.1
NIGHT CLUB : A commercial enterprise whose primary function is to provide music or entertainment or both and which may provide food and/or beverages for on-site consumption
NONCONFORMING BUILDING : A building legally existing on the effective date of these Regulations, which met all requirements of the Zoning Regulations then in force, if any there were, on said effective date, but does not meet the current requirements of these Regulations; or a building legally existing on the effective date of any amendment hereto which caused such building to cease to meet the requirements of these Regulations
NONCONFORMING LOT : A Lot of Record, subject to the requirements of Section 4.3 1 of these Regulations
NONCONFORMING USE : The actual use of land, buildings, or premises which is not a use permitted by these Regulations, but which lawfully existed prior to the effective date of these Regulations or any amendment hereof or change in zoning classification which created the nonconformity
NONPROFIT ORGANIZATION : An organization exempt from Federal Income Tax under Section 501 (c) or successor provision of the Internal Revenue Code
NURSERY : The growing of flowers, plants, shrubs, or trees as the principal activity on the property Commercial activities shall be limited to the sale of products grown on the premises and shall not include a retail outlet selling garden supplies or operation of a landscape service business or the storage of equipment related thereto
NURSERY SCHOOL : A place. providing daytime care or instructions for not more than 15 children, five years of age or younger, inclusive but not more than four of whom shall be less than two years of age.
OCCUPY : To take possession or enter upon for the purpose of using When applied to a trailer or camper coach/travel to use for sleeping dwelling purposes
OPEN SPACE : All land not used for the construction of dwellings, parking area, vehicular circulation, or private yards within a development shall be considered open space. The use of the land for agriculture, athletic, or passive recreational shall be permitted after approval by the Commission. Open spaces may contain such auxiliary structures and improvements as are necessary to or desirable for the proper use and maintenance of the open space.
OUTDOOR VENDORS : individuals seeking to sell wares, produce, crafts, or any merchandise from a nonpermanent location on a private open dot, or other location not in a public street or on a public sidewalk.
OWNER OF RECORD : The owner whose name is recorded on the most recent Grand List of Real Estate or field card maintained by the Tax Assessor Office of the Town of Woodbury.
PARADE : A public procession held on a festive or ceremonial occasion.
PARK : An area of land and/or water, primarily in its natural state, except for man-made recreation facilities or other improvements related to the purpose of promoting health and enjoyment of the public as hereafter stated, and dedicated and used for nonprofit recreation, scenic, leisure, conservation, historic, or ornamental purposes, owned and operated by a public or nonprofit entity. A park as used herein does not include an 'amusement park' or any type of park with mechanical rides; games; arcades; or a like; for profit or gain, either directly or indirectly.
PARKING AREA : An area other than a street used for the temporary parking of five or more automobiles.
PARKING SPACE :
a. Standard Space: An off-street space of not less than 9 x 20 feet, having direct access to a street, available for the parking of one motor vehicle.
b Handicapped Space: A handicapped space shall be 15 x 20 feet and shall be located as near as possible to a building entrance or walkway, or as amended by Connecticut General Statutes.
c. Compact Space: A compact car space shall be 8.5 x 17 feet, available for the parking of one compact car.
Truck loading space, passageways and driveways shall not be included when computing area available for parking spaces.
PATIO/TERRACE : A level, landscaped and/or surfaced area located on the ground with no structural supports other than subsurface base material and retaining wails. A patio or terrace located at grade level shall not be deemed a structure.
PAVING : Where used in these Regulations the term "paving" shall mean any type of all-weather surfacing such as crushed stone, traprock, macadam, asphalt, and concrete.
PERSON : An individual, firm, partnership, joint venture, association, dub, corporation, estate, trust, receiver, syndicate, or other entity or combination thereof.
POLLUTION : Any alteration of the natural environment including air, soil, or water by reason of deposition, discharge or storage of any hazardous material or operation of equipment that after the physical, chemical or biological properties of the natural environment.
PORCH : A structure, with or without a roof, projecting out from the wall or walls of a building, including a deck.
PREMISES : Any lot or combination of contiguous lots held in single ownership, together with the development including all buildings, structures and uses located on a lot constitutes one premises.
PRINCIPAL BUILDING : A building, other than a barn, in which a use permitted by these Regulations, other than an accessory use, is or may be carried on.
PRIMARY/PRINCIPAL USE : The primary purpose or function for which a premises is used, designed, or intended to be used.
PRIVATE SCHOOL : Any boarding, day, or night school or college, except one conducted by the Town or State, in which full time academic instructions are offered for one or more grades.
PROFESSIONAL OFFICE : An office for recognized professions such as doctors, dentists, lawyers, architects, engineers, artists, musicians, designers, teachers, and others, who through training or experience are qualified to perform services of a professional as distinguished from a business nature.
PROJECTIONS : Any structure attached to a principal or accessory building and extending behind the face of a building foundation wall, including roofs, cornices, chimneys, bay windows, shading devices, balconies, fire escapes, outside stairways, steps, and open porches.
PUBLIC : Used or controlled exclusively by any department or branch of a governmental unit; excludes dubs, associations, and other private entities which may serve the public purpose.
PUBLIC FACILITIES AND SERVICES : Any activity or use, carried out by the Town of Woodbury or its duly authorized agents, such as public utilities, refuse disposal areas, schools, pollution control plants, highway garages, Town Halls, Town Office Buildings and other similar uses.
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.
RECYCLING : Is the processing of concrete, refuse, pavement, solid waste, and other junk material to reclaim or remanufacture the resource material into a reusable state
REFUSE : Waste, junk, garage, debris, rubbish or trash, but not including sewerage collected or disposed of in facilities duly licensed by the State of Connecticut or any agency thereof
RESORTS : Buildings, structures, and land designed, arranged, and used or to be used for recreational, athletic, educational, or social activities on a nonprofit or profit basis A resort may include, as accessory buildings and uses, restaurants, banquet facilities, stables, meeting rooms, pavilions, houses of worship, lodging for transients, or other similar facilities for the use of persons attending principal resort activities. A resort shall not include carnivals, fairs, circuses, live concerts or shows, gambling, horse or car racing, or other special events advertised and open to the public at large, except as a Special Exception in accordance with these Regulations
RETAIL BUSINESS : A commercial enterprise, a company that is engaged in on site stocking and sales of commodities in small or large quantities to the ultimate consumer.
RIGHT OF WAY : A servitude imposed by law or by convention, and by which one has a right to pass through the real property of another.
SALVAGE YARD : Any lot, land, parcel, building, or structure or part thereof, used for the exchange, storage collection, processing; purchase; sale; reclamation; or-disposal-of unwanted or discarded material A salvage yard does not include a municipal operated transfer station in accordance with Connecticut General Statute.
SCHOOL : An institution whose primary function is the instruction of academic subjects to adults or children, and the word school shall not be deemed to include an institution which is primarily a summer or winter camp, whose main function is the enjoyment of physical activities with or without instruction nor other institution which has a primary function of providing recreational facilities
SELF-STORAGE STORAGE FACILITY : A facility consisting of a building or group of buildings in a controlled-access compound that contains varying sizes of individual, compartmentalized and controlled-access stalls or lockers for the dead storage of customer's goods and wares.
SERVICE BUILDING : A building housing separate toilet and bathing facilities for men and women and also may have laundry facilities and a slop water closet
SETBACKS : The distance that buildings and/or other structures are set back from front, rear, or side property lines as required by these Regulations
SITE DEVELOPMENT PLAN : Site Development Plan shall mean the plan(s) that are required to be filed by Sections 5 4, 5.6, 5 6A, 5 7, 5 9, 5.12, 5 13 and Section 10 and by Section 10.2.2 of these Regulations, the form and content of which is prescribed by Section 9.2.14 of these Regulations
STABLE, COMMERCIAL : A stable maintained as a business for boarding or hiring horses, including riding schools
STABLE, NONCOMMERCIAL : A stable used solely for horses owned by the resident-occupant which may board up to five horses not owned by the resident-occupant
STORY : That portion of a building above the basement included between any floor and the ceiling or roof above it.
STORY, HALF : Any place under a gable, hip, or gambrel roof, the floor of which is not more than two feet below the plate
STREET : Any town or state highway, except a limited access state highway, and any street shown on a subdivision map approved by the Woodbury Planning Commission and filed in the land records of the Town of Woodbury
STREET LINE : The dividing line between the street and the lot Where such line has not been established, it is deemed for purposes of these Regulations to be a line parallel to and 25 feet distant from the center line of the traveled surface
STRUCTURE : Anything constructed or erected which requires location on the ground or is attached to something having a location on the ground
TAG SALE : The temporary use of land or the building thereon for the purpose of the public sale of personal household goods by the owner or the resident thereof in conjunction with the cleanout or vacating of the residential premises In no way does the term "tag sale" shall not encompass the sale of goods brought to the premises for the purpose of public sale at one location The term "tag sale" shall include garage sale, yard sale, barn sale, attic sale and similar term or activity
TEMPORARY STRUCTURE : A structure without any foundation or footings which is removed when the designated time period, activity or use for which the temporary structure was erected has ceased.
TENT/SIDEWALK SALE : The temporary use of land or a building thereon for the purpose of public sale of commercial retail goods by a store owner in conjunction with the operation of an existing business located on the premises
TOTAL GROUND COVERAGE : The portion of the lot, expressed as a percentage of the total lot area that is covered by impervious surfaces This shall include buildings, walkways, paved parking and drive areas, outside storage areas and all other areas that due to the development of the parcel or lot, render those portions impervious
TOWER : A structure that is intended to support equipment for receiving and/or transmitting electromagnetic waves for provision of commercial wireless communications services Design examples of towers include self-supporting lattice, guyed, and monopole towers and support structures for satellite dish antennas
TRAILERS/RECREATIONAL VEHICLES
CAMPER COACH OR TRAVEL TRAILERS : Any self-propelled or portable unit, whether or not currently operable, originally designed and constructed to be mounted on wheels and to be used for recreation, travel camping, vacationing, temporary construction office, or other shelter for one or more persons
PICKUP COACH : A structure designed primarily to be mounted on a pickup or truck chassis and with sufficient equipment to render it suitable for use as a temporary dwelling for travel, recreational uses
RECREATIONAL VEHICLE : A portable vehicle, built on a chassis, designed to be used as a temporary dwelling for travel, camping, recreation, and vacation uses, and a body width not exceeding eight feet It shall be eligible to be registered, licensed, and insured for general use on the roadways The term shall include a camper coach, pickup coach, and travel trailer
TRAILER : A vehicle or construction (whether on temporary or permanent supports) designed to be drawn by or carried on a motor vehicle that transports boats, construction equipment or goods of any sort
TRAILER PARK : Any plot of land or any contiguous plots of land owned or controlled by an individual or group of individuals upon which two or more camper coaches, pickup coaches, travel traders, or recreational vehicles are located for dwelling or sleeping purposes
TRAVEL WAY : The portion of a street right of way in which the pavement or gravel traffic lanes are located as measured between the curbs
USE : The specific purpose for which land or a building is designed, arranged, intended, or for which it is or may be occupied and maintained The term "permitted use" or its equivalent shall not be deemed to include any nonconforming use
VETERINARY CLINIC/HOSPITAL : A commercial facility where animals are brought in for medical treatment and may remain for observation, further treatment or recuperation
WAREHOUSE/WAREHOUSING : A building primarily used for the storage of goods and materials
WATER COURSES : Rivers, streams, brooks, waterways, lakes, ponds, marshes, swamps, bogs, and all other bodies of water, natural or artificial, public or private, which are contained within, flow through or border upon the Town of Woodbury or any portion thereof
WETLANDS : Land, including submerged land, which consists of any of the soil types designated as poorly-,d rained, very poorly drained, alluvial, and flood plain by the National Cooperative Soils Survey, as may be amended from time to time, of the Soil Conservation Service of the United States Department of Agriculture
WIRELESS COMMUNICATION FACILITY : The antennas, satellite dish antennas, telecommunications equipment, communication towers, monopoles, and/or support structures used in conjunction with the provision of commercial wireless communication services These services may include, but are not limited to cellular communications, personal communication services, specialized mobilized radio, and paging
YARD : The open unoccupied space on the same lot with a building, extended along the entire length of a street or of an interior lot line, in which there shall be no structures other than permitted fences and permitted signs
YARD, FRONT : The open, unoccupied space across the full width of a lot from the street line to the nearest edge of the principal building or any covered porch which projects from the principal building
YARD, REAR : The open, unoccupied space across the full width of a lot between the rearmost structure and the rear lot line
YARD, SIDE : The open, unoccupied space between the side lines of a lot and any building and extending from the minimum front yard to the minimum rear yard The minimum side yard includes both a minimum for each side, and a minimum for the two sides combined
CARNIVAL : A traveling amusement show including but not limited to games and rides
CIRCUS : A traveling show of acrobats, clowns, trained animals and other entertainment often performed in the open or under a tent
CONCERT : A public performance of music or dancing.
EVENT : A public occasion or activity that is reasonably expected to attract in excess of 400 persons; or 200 vehicles
FAIR : A gathering or public exhibition at which products or crafts are sold, displayed or judged competitively and/or at which amusements are provided for public enjoyment
INTERMITTENT : The periodic recurrence of a use on the same property, provided such use is held no more frequently than every 28 days up to a maximum of four times in any one calendar year
PARADE : A public procession held on a festive or ceremonial occasion
BASE FLOOD : The 100-year flood, the flood having a 1 % chance of being equaled or exceeded in any given year
BASE FLOOD ELEVATION : The elevation of the 100-year flood shall ho known: as the base flood elevation as determined by the U S Army Corps of Engineers and the U S Soil Conservation Service Indicated in the *Flood Insurance Study" for the Town of Woodbury, dated February 1976, and any revisions thereto.
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, excavating or drilling operations located within the special flood hazard area
FLOOD HAZARD BOUNDARY MAP : An official map of the Town of Woodbury on which the Federal Insurance Administration has delineated the 100-year and 500-year flood boundaries
FLOOD INSURANCE RATE MAP : An official map of the Town of Woodbury on which the Federal Insurance Administration has delineated the areas of special flood hazards and the risk premium zones applicable to the Town, as well as base flood elevations at selected locations
FLOOD INSURANCE STUDY : The official report provided by the Federal Insurance Administration. The report contains flood profiles, water surface elevation of the base flood and includes the Flood Boundary and Floodway Map and Flood Insurance Rate Map.
FLOOD PLAIN DISTRICT : A zoning district, constituting the areas of special flood hazard delineated by the Federal Insurance Administrator on the Flood Insurance Rate Maps dated January 5, 1978 and October 20, 1978 or any revision thereto The Flood Plain District is indicated on the official "Zoning Map" of the Town of Woodbury, Connecticut
FLOODWAY : The channel of a river or other 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
SPECIAL FLOOD HAZARD AREA : The land that is m the flood plan of a community and subject to a 1% or greater chance of flooding in any given y ear The Special Flood Hazard Area includes all zones A and A1 - A30 as designated on the Flood Insurance Rate Map, and all lands within the Flood Plain Zone
SUBSTANTIAL IMPROVEMENT : Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure (as determined by the cost approach to value) ether. 1) before the improvement or repair is started, or 2) if the structure has been damaged an d is being restored, before the damage occurred For the purposes of this definition substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure The term does not, however, include either: 1) any project for improvement of a structure to comply with existing State or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions, or 2) any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historical Places
LOWEST FLOOR : Lowest floor means the lowest floor of the lowest enclosed area (including basement) An unfinished or floor 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
MEAN SEA LEVEL : Mean sea level means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced
START OF CONSTRUCTION : (For other than new construction or substantial improvements under the Coastal Barrier Resources Act P.L 97-348), includes substantial improvement, and means that date the Building Permit w as issued, provided the actual start of construction, repair, reconstruction, o r 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 filling nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers and 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
WATER SURFACE ELEVATION : The height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929, (or other datum, where specified) of floods o f various magnitudes and frequencies in the flood plains of coastal or riverine areas
MANUFACTURED HOME : 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 t o be improved property.
AQUIFER : A geologic formation capable of yielding usable amounts of water to wells.
AQUIFER PROTECTION AREA : The area encompassed by the AP District as referred to in 5.13 above and containing the following sub-area:
1. Wellfield: The area within 200 feet of an existing or potential well and the region where the groundwater supply is most vulnerable to contamination. Wells, for the purposes of this definition, are limited to public wells or community wells.
HAZARDOUS WASTES/MATERIALS : Material which poses a present or potential hazard to human health or the environment when improperly us ed, stoned, transported, disposed of, or otherwise managed including but not limited to substances as defined by Title III Superfund Amendments and Reorganization Act as amended.
STRATIFIED DRIFT : Unconsolidated, sorted sediment composed of layers of sand, gravel, silt and/or clay.
ANIMATED SIGN : Any sign that uses movement or change of lighting to depict action or create a special effect or scene
BALLOON SIGN : Any inflatable device, greater than one cubic foot, that is intended to attract attention
BANNER SIGN : Any sign containing a commercial message that is constructed of lightweight fabric or similar material, including a pennant that is mounted on a pole, rope, wire or similar material or is mounted to a building by a frame at one or more edges
BEACON : Any light with one or more beams directed into the atmosphere or directed at one or more points not on the same lot as the light source; also, any light with one or more beams that rotate or move.
BILLBOARD : A freestanding or building sign that advertises products, services or businesses at locations other than where the sign is located.
BUILDING SIGN : A sign attached or painted on the wall of a building.
CANOPY SIGN : A sign that is part of or attached to an awning, canopy or other fabric, plastic, or structural protective cover over a door, entrance, window, or outdoor service area
FESTOON : String of ribbons, tinsel, small flags or pinwheels
FLAG SIGN : A sign constructed of cloth or fabric/material that has letter relating to the operation of a commercial business on it
FREESTANDING SIGN : Any sign supported by structures or supports that are placed on or anchored in the ground that is independent from any building or structure Pole, Post and Arm, Monument signs, and Sandwich Boards are freestanding signs:
1. Pole Sign: A freestanding sign with the base of the actual sign area at least five feet above the ground supported by one or more vertical poles.
2. Post & Arm Sign: A freestanding sign comprised of a vertical post to which a perpendicular arm is attached and from which the sign hangs
3 Monument Sign: A freestanding sign either with or without abase affixed to the ground, the overall height no greater than four feet
4 Sandwich Board Sign: A freestanding sign that stands on its own supports i n the shape of an "A", also commonly referred to as an A frame
HANGING OR PROJECTING SIGN : A sign which is attached to a wall or a building in such a manner that its leading edge extends more than six inches beyond the surface to which it is affixed or which is suspended from an architectural feature, pole or frame
INTERNAL SIGN : A sign within a building that is not visible from the outside
INTERNALLY LIT SIGN : A sign that is illuminated from sources inside the sign
MAILBOX : Official or approved receptacle for receiving mail or newspapers.
PORTABLE SIGN : Any sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, whether on its own trailer, wheels or otherwise. Such signs include signs attached to or painted on vehicles parked and visible from public right-of way, unless said vehicle is used in the normal day-to-day operations of the business
POSTER : A paper, or cardboard sign affixed to trees, roadside vegetation, or on its own support
ROOF SIGN : Any sign erected and constructed wholly on and over any roof of a structure
UMBRELLA SIGN : Any visual message or advertisement on an umbrella
VEHICULAR SIGN : Any visual message or advertisement panted or affixed to the side of a vehicle
WALL SIGN : A sign or message (including individual letters) that is painted on or attached directly to the outside wall of a building
WINDOW SIGN : A sign visible from a sidewalk, street or public place, affixed or painted on glass or other window material which is intended to be read from outside the building Graphics in connection with customary window display of products is not considered a window sign
AGRICULTURAL SIGN : A freestanding or building sign advertising roadside stands, farm stores and agricultural products
APARTMENT SIGN : A sign identifying the apartment complex.
BUILDING MARKER : Any sign indicating the name of a building and date and incidental information about its construction, which sign is cut into masonry surface or made of bronze or other permanent material and attached to the building or made a permanent part of it.
BUSINESS SIGN : Any sign that has a message relating to a commercial enterprise
CONSTRUCTION/REPAIR SIGN : A freestanding provisional sign pertaining to and du ring construction or repair of property on which the sign is located
DIRECTORY SIGN : A freestanding or building sign which lists names and locations of occupants or uses of a building or shopping area.
EVENT SIGN : A sign publicizing an event being sponsored by civic, community, or institutional organization
FARM SIGN : A freestanding or wall sign that identifies the farm. The farm must be listed as a farm m the Tax Assessor's office
GAS STATION SIGN :
1. Identification Sign: A freestanding or building sigh that identifies the company or brand
2 Price Sign: A freestanding or building sign that displays the prevailing price of the petroleum products
HISTORIC DISTRICT SIGN : A sign that identifies the start of a Historic District.
HISTORICAL SIGN : A sign that identifies or describes a historic event or place and has been approved by a duly constituted local, state or federal authority.
HOME OCCUPATION SIGN : A freestanding or building sign located in a residential zone which identifies a permitted Home Occupation which exists on t he property where the sign is located
INCIDENTAL SIGN : A sign, informational in nature, such as 'No Parking," " Parking in Rear," "Loading," "Building 'A'," "Entrance," "Exit," and " Deliveries," etc No sign identifying a specific business or with a commercial message shall be considered incidental.
INSTITUTIONAL SIGN : Any sign that identifies a public or private institution such a s schools, churches, hospitals, or other public facilities
POLITICAL SIGN : Any sign promoting the candidacy of an individual for political office or for expressing an opinion on a subject
PRIVATE PROPERTY SIGN : Any sign with a message that intends to identify private property, provide a warning to others and/or to keep others from trespassing. These signs include, but are not limited to, 'No Hunting,' 'No Fishing," "No Trespassing," 'No Swimming,' 'Keep Out," "Posted,' and " Beware of Dog '
PUBLIC AUCTION SIGN : A sign that publicizes or identifies a public auction on the property upon which the sign is placed
REAL ESTATE SIGN :
1 Marketing Sign: A freestanding or building sign pertaining to the impending sale, lease or rental of property on which it is located
2. Open House Sign: Signs to direct clients to an open house.
RECREATIONAL SIGN : A sign that identifies a state, town or nonprofit recreational area.
RESIDENCE SIGN : Any sign that identifies a residence
SHOPPING CENTER/MALL SIGN : A freestanding sign that identifies the commercial area which is characterized as a structure or a number of structures exhibiting a unified architectural theme, with an associated common parking area, and containing a variety of commercial establishment and generally managed as a unit.
SUBDIVISION SIGN :
1 Identification Sign: A sign identifying the subdivision.
2. Marketing Sign: A sign used to market the subdivision properties
TAG SALE SIGN : A sign advertising the sale of previously owned personal goods
VENDING MACHINE SLAG : Sign integral to vending machines.
STANDARD PARKING SPACE : A space in such shape as to contain a rectangle not less than nine feet in width and 20 feet in length and having access and slope as to accommodate an automobile having an overall length of 20 feet.
HANDICAPPED PARKING SPACE : A space of such shape as to contain a rectangle not less than 15 x 20 feet and located as near as possible to a building entrance or walkway, or as amended by Connecticut State Statutes.
COMPACT PARKING SPACE : A space of such shape as to contain a rectangle not less than 8.5 x 17 feet and having access and slope as to accommodate an automobile having an overall length of 15 feet.
LOADING SPACE : A space of such shape as to contain a rectangle not less than 12 feet in width and 55 feet in length and having a vertical clearance of not less than 15 feet and such access and slope as to accommodate a truck having an overall length of 55 feet.
EXCAVATE : shall mean to sever from the earth's surface or to remove from the ground soil, loam, sand, gravel, clay, rock, topsoil (all of which, together with any other natural physical composition m the ground, are herein referred to as " earth materials)
DEPOSIT : shall mean to fill or alter with earth materials existing swamps, wetlands, water courses, or other bodies of water, or to change, by filling or grading, pre-existing contours and elevations
PERMIT AREA : shall mean the limits of the area within the premises for which a permit is requested
PREMISES : shall mean the entire area of land owned by the owner and identified as one piece of property by the Woodbury Assessor's Office within which the permit area is proposed
WORK AREA : shall mean one contiguous area of not more than five acres within the permit area which is disturbed at any time while a permit is valid
STORAGE AREA : shall mean an area within the permit area in which the applicant proposes to stockpile excavated materials and/or to locate any equipment and structures which will not be m the work area
CERTIFICATION : A signed, written approval by the Zoning Commission that a soil erosion and sediment control plan complies with the applicable requirements of these Regulations.
COMMISSION : The Zoning Commission of the Town of Woodbury, Connecticut
COUNTY SOIL AND WATER CONSERVATION DISTRICT : The Litchfield County Soil and Water Conservation District established under Subsection (a) of Section 22a-315 of the Connecticut General Statutes.
EVELOPMENT : Any construction or grading activities to improved or unimproved real estate
DISTURBED AREA : A disturbed area is any area where the ground cover is or will be destroyed or removed thereby 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 (including hydraulic fill) or stockpiling of earth materials or any combination thereof, including the land in its excavated or filled condition.
INSPECTION : The periodic review of sediment and erosion control measures shown on the certified plan
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 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.
APPLICANTS : The term "applicant" refers to the person proposing a subdivision or resubdivision.
APPLICATION : The term "application" shall mean an application for the approval of a proposed subdivision or resubdivision submitted in accordance with these Regulations.
BOARD : The term "Board" refers to the Woodbury Board of Selectmen.
COMMISSION : The term "Commission" refers to the Woodbury Planning Commission.
FORM 814 : The term "Form 814" refers to a document entitled "State of Connecticut, Department of Transportation: Standard Specifications for Roads, Bridges and Incidental Construction, Form 814" and incorporates any subsequent amendments or revisions thereto.
LOT : The term "lot" shall mean a parcel or plot of land which is either
(a) owned separately from any adjoining parcel as evidenced by fee conveyance and is recorded in the Land Records of the Town of Woodbury and is occupied or capable of being occupied by one principal building and uses and open spaces customarily incident to it; or
(b) a parcel of land designated as a "lot" on a Record Subdivision Map approved by the Planning Commission and filed in the office of the Woodbury Town Clerk.
STANDARD LOT : The term "standard lot" shall mean a lot meeting the minimum area and yard requirements for the zoning district in which the lot is located, as set forth in Section 4.2 of the Woodbury Zoning Regulations.
OPEN SPACE LOT : The term "open space lot" shall mean a lot meeting the minimum yard requirements in the open space subdivisions as set forth in Section 4.2.1 of the Woodbury Zoning Regulations.
OPEN SPACE SUBDIVISION : The term "open space subdivision" shall mean a subdivision or resubdivision planned and approved in accordance with Section 5 of these Regulations.
MAPS AND PLANS : The following maps and plans required by these Regulations shall have the following meanings:
GRADING, SEDIMENT AND EROSION CONTROL PLAN : shall mean the necessary documentation submitted in compliance with Section 2.3.6 and 3.5 of these Regulations and prepared in accordance with the technical standards of the U.S.D.A. Soil Conservation Service.
RECORD SUBDIVISION MAP : shall mean the plan of the subdivision submitted in compliance with Section 2.3.4 and 3.3 of these Regulations and upon the approval of the Commission and endorsement by its Chairman or Secretary considered the official document to be filed on the Land Records of the Town of Woodbury.
SITE DEVELOPMENT PLAN : shall mean the plan submitted in accordance with Section 2.3.3 and 3.2 of these Regulations showing the existing land conditions in relation to the proposed modifications to the land necessary to accommodate the development of the subdivision.
OWNER : The term "owner" shall mean the owner of record in the Land Records of the Town of Woodbury.
PERSON : The term "person" shall mean any individual (s), firm, corporation, or other legal entity.
PLAN OF DEVELOPMENT : The term "Plan of Development" shall mean the land use plan for the Town of Woodbury 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. A copy of said Plan is recorded in the office of the Woodbury Town Clerk.
RESERVED RIGHT OF WAY : The term "reserve right of way" shall include areas for which future public use is intended for street connections and for street or pedestrian ways giving access to land dedicated to public use.
SANITARY INSPECTOR : The term "Sanitary Inspector" shall refer to the agent of the Director of Health in all matters relating to sewerage disposal and water supply systems as well as on other matters authorized by the Director of Health.
STREET : The term "street" shall mean
(a) an existing "state highway" as defined by Section 13a-1 of the Connecticut General Statutes, as amended and as the same may, from time to time, be amended;
(b) an existing public highway, street or road accepted by the Town of Woodbury by user or pursuant to Section 13a-48 of The Connecticut General Statutes, as amended and as the same may, from time to time, be amended; and
(c) a proposed public highway, street or road in a subdivision or resubdivision for which a Record Subdivision Map has been approved by the Commission and
(d) streets laid out in accordance with Section 13a-61 of the Connecticut General Statutes.
STREETLINE : shall mean the line separating the public right of way from adjoining properties.
SUBDIVISION AND RESUBDIVISION : The terms "subdivision" and "resubdivision" shall have the meanings set forth in the Connecticut General Statutes, as amended and as the same may, from time to time, be amended, which are at the present time as follows:
a. SUBDIVISION : means the division of a tract or parcel of land into three 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.
b. 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 building lot, if any of the lots shown thereon have been conveyed after the approval or recording of such map.
c. For the purpose of definition of SUBDIVISION :, any lot, parcel, tract, or acreage owned separately from an adjoining lot, parcel, tract or acreage on March 14, 1956, as evidenced by deed or deeds recorded in the office of the Woodbury Town Clerk, on or prior to said date, is considered to be a "tract" or parcel.
d. Any division of such tracts or parcels by recording or conveyance of filing of maps in the office of the Town Clerk is considered to be an act of subdivision.
e. When the total of such division of a tract or parcel equals three (3) in number, from and after March 14, 1956 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 the Subdivision Regulations.
f. The initial division of a tract or parcel into two (2) parts for the purpose, whether immediate or future, or sale of building development, is not a subdivision under Chapter 126 and these Regulations but any additional division of either of such two (2) parts is subject to these Regulations.
g. The recorded Record Subdivision Map need show only the part which is the third or any subsequent division of the tract. It is recommended, however, that all divisions, to the degree practical, be shown on the Record Subdivision Map in order to clarify land records and property assessment records and to build up the available survey data in the Town.
h. Whenever the word "subdivision" is used in these Regulations it shall be deemed to include the word "resubdivision".
SOLAR ACCESS : The access to unobstructed direct sunlight required by a solar collector for its efficient operation. Solar access will be considered adequately available if the south wall of a proposed building has unobstructed access to sunlight for 75% of the time between 8:34am and 3:08pm local time on December 21 st.
BUILDING ORIENTATION : The relationship of a building's longest axis to the true south compass point. Optimal building orientation for detached housing usually occurs when the building's longest axis is east to west (90 from true south) with acceptable variations of 30 to the northwest and 30 to the southwest.
PASSIVE SOLAR ENERGY TECHNIQUES : The utilization of
(1) house orientation;
(3) vegetation;
(4) natural and man-made topographical features and
(5) the protection of solar access within the subdivision as tools for maximizing solar heat gain, minimizing heat loss and providing thermal storage within a building during the heating season and for minimizing heat gain and providing for natural ventilation during the cooling season.
TOWN : The term "Town" shall mean the Town of Woodbury.
CERTIFICATION : A signed, written approval by the Planning Commission that a soil erosion and sediment control plan complies with the applicable requirements of these Regulations.
COMMISSION : Planning Commission of the Town of Woodbury, Connecticut.
COUNTY SOIL AND WATER CONSERVATION DISTRICT : The Litchfield County Soil and Water Conservation District established under Subsection (a) of Section 22a-315 of the Connecticut General Statutes.
DEVELOPMENT : Any construction or grading activities to improved or unimproved real estate.
DISTURBED AREA : A disturbed area is any area where the ground cover is or will be destroyed or removed thereby 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 (including hydraulic fill) or stockpiling of earth materials or any combination thereof, including the land in its excavated or filled condition.
INSPECTION : The periodic review of sediment and erosion control measures shown on the certified plan.
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 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.
AGENT : The Board of Selectmen can designate an agent to be responsible for the inspection and supervision of construction as carried out under these Regulations and who would be responsible for the issuance of permits and performance of duties under the direction of the Board.
FORM 814 : Form 814 shall mean a document entitled "State of Connecticut, Department of Transportation, Standard Specifications for Roads, Bridges, and Incidental Construction," and any subsequent revisions or issues and is made part of these Regulations.
STREET : The term "street" shall mean:
a) an existing "state highway" as defined by Section 13a-1 of the Connecticut General Statutes, as amended;
b) an existing public highway, street or road accepted by the Town of Woodbury by user or pursuant to Section 13a-48 of the Connecticut General Statutes, as amended; and
c) a proposed public highway, street or road in a subdivision or resubdivision for which a Record Subdivision Map has been approved by the Planning Commission.
ARTERIAL STREETS : shall mean all state numbered routes within the Town of Woodbury,
COLLECTOR STREETS : shall mean a street that carries or will carry vehicular traffic generally through more than one section of Town to an adjacent town or to an arterial street, as determined by the Board of Selectmen and the Planning Commission.
LOCAL STREET : shall mean a street that carries or will carry vehicular traffic, usually for a short distance, to a primary or secondary collector street as determined by the Board of Selectmen and the Planning Commission.
CENTERLINE SURVEY : The layout of linear construction, such as roads or sewers, in a traverse that does not terminate at the point of origin is called a center line survey.
DATUM : A point of known or assumed elevation is referred to as the datum, or benchmark or control point.
DEFLECTION ANGLE : The difference between two horizontal tangents to be connected by a horizontal curve is called the deflection angle, interior angle or central angle.
GRADE STAKE : A grade stake is a field indication of the proposed finished elevation at a specific point.
GRADIENT : The inclination of the grade line to the horizontal plane is called the gradient or rate of grade generally expressed as a percentage of rise and fall.
HORIZONTAL CURVE : The circular arc that connects two horizontal tangents having different directions is called a horizontal curve.
OFFSET HUB : A survey reference point, not part of the survey transverse, required to locate after survey points is called an offset hub.
OFFSET STAKE : A grade stake located at a specific distance away from the actual construction is called an offset stake.
POINT OF CURVATURE : The point entering a curve from a tangent is called the point of curvature (PC).
POINT OF TANGENCY : The point leaving a curve to the tangent is called the point of tangency.
STAKE SHEET : An "in-progress" drawing identifying locations of grade stakes, offset stakes, hubs and other reference data is called a stake sheet.
STATIONS : A series of points used in positioning linear construction starting at a commencement point and proceeding in a direction that construction would take place or in a direction that would otherwise be logical.
TANGENT OF HORIZONTAL CURVE : Straight sections of a road are called tangents or tangent sections. Where two tangent sections meet is called the point of intersection (PI).
TANGENT OF VERTICAL CURVE : The sections of a road that have a uniform gradient are called tangents. Where two tangents meet is called the point of vertical intersection (PVI).
VERTICAL CURVE : The circular arc that connects two vertical tangents having different gradients is called a vertical curve.
AERIAL MARKER : A commercial grade balloon three (3) feet or greater in diameter used to provide a visual reference point in the air.
BASAL RATE : A measurement of the tree cover area consisting of the stand of trees computed in square feet per acre. The stock to be measured includes healthy trees six (6") inches or greater in diameter with the measurement taken at a point three (3') feet above grade, evenly distributed over the area.
CALIPER, TREE : The diameter of the a tree trunk, measured three (3) feet above the ground.
SIGHT CONE : A cone shaped area, defined in plan measurement by feet and degrees, used to define the limits of vegetation removal for the purpose of gaining increased views from the site.
VIEW SECTOR PLAN : A plan showing vegetation on a lot that will be altered to provide for a sight cone to increase the line of sight from the lot to surrounding areas.
VISUAL IMPACT OBSERVATION POINT : A point located along an arterial or collector street as defined in the 1988 Plan of Conservation and Development, as amended, or at a place of significant public assembly that provides visual access to the proposed development.
VISUAL IMPACT AREA : An area or areas located within the subdivision site that will be significantly more noticeable as the result of the alteration of vegetation or construction of structures, roads. driveways, and other man-made features.
AGENCY : means the Woodbury Inland Wetlands Agency;
BOG : means a poorly drained area as shown on the map entitled "Inland Wetlands and Water Courses of the Town of Woodbury" or an area containing an accumulation of organic material and characterized by an association of plants recognized as bog species. Some examples of bog species are listed in Niering, W. and Goodwin, R., 1973, Inland Wetland Plants of Connecticut;
CLEAR CUTTING : means the harvest of timber in a fashion which removes all trees down to a 2" diameter at breast height;
DEPOSIT : includes, but shall not be limited to fill, grade, dump, place, discharge or emit;
DISCHARGE : means the emission of any water, substance or material into water courses or wetlands of the Town of Woodbury whether or not such substance causes pollution;
DISTURBING THE NATURAL AND INDIGENOUS CHARACTER OF THE LAND : means that the activity will significantly alter the inland wetlands and water courses by reason of removal or deposition of material, clear cutting, alteration or obstruction or water flow, or will result in the pollution of the wetland or water course;
FARMING : means use of land for the growing of crops, raising of livestock or other agricultural use;
GARDENING : means the tilling of soil, planting, cultivating and harvesting of vegetable matter;
GRAZING : means using any tract of land to feed or supply farm animals with grass or pasture, to tend farm animals, or feeding or growing silage and herbage;
HARVESTING OF CROPS : means gathering plants or animals or plant or animal products which have been grown to be harvested;
LICENSE : means the whole or any part of a 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 Water Courses Act, C.G.S. Sections 22a-36, et. seq., as amended;
MARSH : means a poorly drained area as shown on the map entitled "Inland Wetlands and Water Courses of the Town of Woodbury" or an area normally covered with shallow water, subject to seasonal variations, that contains an association of herbaceous, soft-stemmed plants recognized as marsh vegetation. Some examples of marsh species are listed in Inland Wetland plants of Connecticut. The water table in marshes is at or above the surface throughout the year, but seasonal fluctuations are encountered and areas of open water 6" or more in depth are common;
MATERIAL : means any substance, solid or liquid, organic or inorganic, including but not limited to soil, sediment, aggregate, earth, gravel, clay, bog, mud, debris, sand, refuse, or waste;
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 or the Inland Wetlands and Water Courses Act;
PERSON : means any person, firm, partnership, association, corporation, company, organization or legal entity of any kind, including municipal corporations, government agencies or subdivisions thereof;
POLLUTION : means harmful thermal effect or the contamination or rendering unclean or impure of any waters of the Town of Woodbury by reason of erosion or any waste or other materials discharged or deposited therein by any public or private Sewer or otherwise So as directly or indirectly to come in contact with any waters;
REGULATED ACTIVITY : means any operation within or use of a wetland or water course involving removal or deposition of material, or any obstruction, construction, alteration or pollution, of such wetland or water course, or any operation within or use of any land which has or may have the effect of removal or deposition of material, or obstruction, construction, alteration or pollution of such wetland or water course. Any excavation, deposition of polluting material, or location of a waste disposal system within one hundred (100) feet of a wetland or water course shall be deemed a regulated activity;
REGULATED AREA : means any geographical area of the Town of Woodbury consisting of present or future wetlands or water courses, any geographical area where the activity thereon may disturb the natural and indigenous character of a wetland or water course, or any geographical area included within a one hundred foot (100) setback pursuant to Section 14.1 hereof;
REMOVE : includes, but shall not be limited to drain, excavate, mine, dig, dredge, suck, bulldoze, drayline or blast;
RENDERING UNCLEAN OR IMPURE : means any alteration of the physical, chemical or biological properties of any of the waters of the Town of Woodbury, including but not limited to change in color, odor, turbidity, temperature or taste;
SIGNIFICANT IMPACT OR MAJOR EFFECT : means
a. Any activity involving a deposition of material which will or may have a substantial adverse effect on the regulated area or on another part of the inland wetland or water course system or
b. Any activity involving a removal of material which will or may have a substantial adverse effect on the regulated area or on another part of the inland wetland or water course system or
c. Any activity which substantially changes the natural channel or may inhibit the natural dynamics of a water course system or
d. Any activity which substantially diminishes the natural capacity of an inland wetland or water course to support desirable biological life, prevent flooding, supply water, assimilate waste, facilitate drainage, and/or provide recreation and open space or
e. Any activity which would result in degrading a water course or the surface and/or ground water of an inland wetland, such degradation to be measured by standards of the Water Compliance Division of the Connecticut Department of Environmental Protection, where applicable.
f. Any activity which causes substantial turbidity, siltation, or sedimentation in a wetland or water course or
g. Any activity which causes a substantial diminution of flow of a natural water course, or groundwater levels of the regulated area, or
h. Any activity which causes or has the potential to cause pollution of a wetland or water course, or
i. Any activity which results in the loss of unique areas of wetlands having demonstrable scientific or educational value.
SOIL SCIENTIST : means an individual duly qualified in accordance with standards set by the United States Office of personnel Management and certified by the society of soil scientists of southern New England;
SUBMERGED LAND : means those lands which are inundated by water on a seasonal or more frequent basis;
SWAMP : means a poorly drained area as shown on the,map entitled "Inland Wetlands and Water Courses of the Town of Woodbury" or 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. Some examples of swamp species are listed in Inland Wetland Plants of Connecticut. Swamps may develop through the gradual invasion of marshes by woody species or directly as in poorly drained depressions;
WASTE : means sewage or any natural or manmade substance, liquid, gaseous, solid or radioactive, which may pollute or tend to pollute any of the waters of the Town of Woodbury;
WATER COURSES : means rivers, streams, brooks, waterways, lakes, ponds, marshes, swamps, bogs, and all other bodies of water, natural or artificial, public or private, vernal, intermittent, which means coming or going at intervals, Or continuous, which are contained within, flow through or border upon the Town of Woodbury or any portion thereof;
WETLANDS : means land, including submerged land which consists of any of the soil types designated as poorly drained, very poorly drained, alluvial, and flood plain by the National Cooperative Soils Survey, as may be amended from time to time, of the Soil Conservation Service of the United States Department of Agriculture, as shown on a map on file in the Office of the Town Planner, entitled "U.S.D.A. Soil Conservation Service, Town of Woodbury, Litchfield County Inland Wetlands and Water Courses". The map or regulated areas delineates the general location and boundaries of inland wetlands and the general location of water courses. The map is available for inspection in the Office of the Town Planner. In each instance the precise location of regulated areas shall be determined by the actual character of the land, vegetation, the distribution of wetland soil types, and locations of water courses. Such determinations shall be made by field inspection and testing conducted by a soil scientist where soil classifications are required, or where vegetation or water course determinations are required, by other qualified individuals deemed acceptable to the Agency. The Agency may amend its map from time to time as information becomes available relative to more accurate delineation of wetlands and water courses within the Town;
FEASIBLE : means able to be constructed or implemented consistent with sound engineering principles;
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.