ABUTTING . Separated by no intervening private property; properties separated by a public or private street shall be deemed to be abutting. [added effective 8/1/96]
ACCESSORY BUILDING OR STRUCTURE . A building or structure, in addition to the principal building, which is clearly subordinate to, and customarily incidental to, and located upon the same lot as, the principal building or on a contiguous lot under the same ownership. Any accessory building physically attached to a principal building shall be deemed to be a part of such principal building in applying the Bulk Regulations to such building. [* see end note]
ACCESSORY USE . A use, in addition to the principal use, which is clearly subordinate to, and customarily incidental to, and located upon the same lot as, the principal use or on a contiguous lot under the same ownership. [* see end note]
ACRE . An acre shall be defined for these Regulations as an area of 43,560 continuous square feet of land. [added effective 8/1/96]
ALTER, ALTERATION . As applied to a building or structure, means 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 appearance, character, or construction; also means an enlargement, whether by increasing in height, coverage, volume or floor area. As applied to a use, means a change or enlargement in the character, area occupied by, intensity, or scope of the use, including, but not limited to, the extension of hours of operation, the addition of other activities, equipment, functions, or processes, or the extension into additional land or building area. [added effective 8/1/96]
AQUIFERS . A geologic formation or deposit that contains a considerable amount of obtainable groundwater; in particular, stratified drift areas having a saturated thickness greater than ten (10') feet which are located near large surface water bodies capable of supplying water to the aquifer by induced filtration.
AQUIFER PROTECTION/GROUNDWATER RECHARGE AREA . An area designated on the map entitled Groundwater Recharge Area on file in the Office of the Willington Town Clerk, which area is in the direct recharge area for a favorable known aquifer yielding volumes of water suitable for existing or potential public water supplies. A direct recharge area consists of: those areas immediately overlying an aquifer and adjacent areas of stratified drift that may not have significant saturated thickness to be part of the aquifer but from which groundwater flows directly into the aquifer; and those areas of adjacent till and bedrock from which groundwater flows directly into the stratified drift deposit. [* see end note]
AWNING . A roof-like cover that is temporary and collapsible in nature and that projects from the wall of a building for the purpose of shielding a doorway or window from the elements. [added effective 8/1/96]
BASEMENT . That portion of a building having its floor level partly or wholly below the adjacent finished grade, and which has, at any point, more than half its interior height measured from floor to rough ceiling above the finished grade of the ground adjoining the building. Compare to "Cellar". [* see end note]
BED AND BREAKFAST . See "Tourist Home". [added effective 8/1/96]
BILLBOARD . See "Sign, Advertising".
BOARD . Wherever the term "Board" shall appear in these Regulations, it shall refer to the Willington Zoning Board of Appeals.
BOARDING HOUSE . A building where lodging and/or meals for no more than two (2) persons are provided to long-term (i.e., non-transient) residents only, for compensation, utilizing one central kitchen facility. A boarding house shall be occupied by the owner of the building, and all elements of the boarding house use shall be confined to the principal building on the lot. [added effective 8/1/96]
BUILDING . Any structure having a roof and intended for shelter, housing or enclosure of persons, animals, or materials. The connection of two (2) or more buildings by means of a porch, breezeway, passageway, carport, or other such roofed structure shall be deemed to make them one building. [* see end note]
BUILDING, ACCESSORY . See "Accessory Building".
BUILDING AREA/BUILDING COVERAGE . The area of the ground beneath a building (i.e., drip line), including the area of all covered porches, eaves, and similar roofed portions of the building, but excluding awnings. [added effective 8/1/96]
BUILDING HEIGHT . The greatest vertical distance between the finished grade elevation at any point of consideration along the perimeter of the building's drip line and the highest point of the building, including rooftop service structures housing mechanical equipment. [from former definition, "HEIGHT"]
BUILDING LINE . A Line combined from the offsets of the Front Lot Line and the Street Center Line that provides for Street Width and Front Yard. See Sheet A-2, Appendix A.
BUILDING, NON-CONFORMING . See "Non-Conforming Building".
BUILDING OFFICIAL . The Building Official, also known as the Building Inspector, of the Town of Willington. [added effective 8/1/96]
BUILDING PERMIT . A permit for construction issued by the Building Official pursuant to the Willington Building Code and these Regulations. [added effective 8/1/96]
BUILDING, PRINCIPAL . See "Principal Building".
BULK . The size and shape of buildings, structures and use areas and the physical relationships of their exterior walls or spatial limits with lot lines and other buildings, structures and uses; or with the other walls of the same building, or other portions of the same structure or use. Bulk also includes the relationship of buildings, structures and uses with all yards and open spaces required by these Regulations; and also includes provisions of these Regulations dealing with floor area ratio, building height, lot area per dwelling unit, lot frontage, lot width, required yards, courts, usable open space, spacing between buildings on a single lot, length of building in a row, and all other similar provisions of these Regulations dealing with the relationship between land and the improvements or uses located, or to be located, thereon. [* see end note]
CAMP GROUND . A plot of ground used for recreational purposes which can accommodate two (2) or more tents, travel trailers or camper coaches with travel width not exceeding eight and 6/10ths (8.6') feet, and accessory buildings. [added effective 8/1/96]
CANOPY . A building consisting of a roof-like cover, and having no side walls, that is permanent in nature for the purpose of shielding an area from the elements. [added effective 8/1/96]
CELLAR . That portion of a building having its floor level partly or wholly below the adjacent finished grade, and which has, at no point, more than half its interior height measured from floor to rough ceiling above the finished grade of the ground adjoining the building. Compare to "Basement". [* see end note]
CEMETERY . Land used for the burial of the dead, and dedicated for cemetery purposes, excluding columbariums (vaults for urns containing ashes of the dead), crematories, mausoleums and mortuaries, established and operated by an ecclesiastical society or cemetery association. [added effective 8/1/96]
CHILD DAY CARE CENTER/SERVICES . See "Day Care Center", "Group Day Care Home", and "Family Day Care Home".
CLUB . Land, buildings and facilities owned or operated by a non-profit entity for a recreational, social, patriotic, political, benevolent or athletic purpose, but not for pecuniary gain, nor to render a service which is customarily carried on as a business. A "club" shall cater only to its members or guests accompanying them. A "member of a club" shall be a person who, whether as a charter member or admitted in accordance with the by-laws of the club, has become a bona-fide member thereof; who maintains his membership by the payment of his dues in accordance with such by-laws; and whose name and address are entered on the list of membership of the club. [added effective 8/1/96]
COMMISSION . The Planning and Zoning Commission of the Town of Willington. [* see end note]
COMMUNITY RESIDENCE FOR MENTALLY ILL ADULTS . See, the definition set forth in Connecticut General Statutes Section 19a-507a, as the same may be amended from time to time. [added effective 8/1/96]
COMMUNITY RESIDENCE FOR MENTALLY RETARDED ADULTS . See, the definition set forth in Connecticut General Statutes Section 19a-464c(e), as the same may be amended from time to time. [added effective 8/1/96]
CO-LOCATED WIRELESS TELECOMMUNICATIONS FACILITY - a wireless telecommunications facility that utilizes existing towers, buildings or other structures for the placement of antennae or other appurtenances that blends with the architecture of the structure and does not require the construction of a new tower. A co-located wireless telecommunications facility may include accessory structures to house associated telecommunications equipment. No co-located wireless telecommunications antennas or other facilities shall extend above the existing structure with the exception of flat roof structures where they may project up to six (6) feet. A "wireless telecommunications facility" means the mount, including any antenna or other appurtenances, for the provision of wireless telecommunication services, including but not limited to those services defined in the Telecommunications Act of 1996.
CONVALESCENT HOME . A medical institution providing shelter, clothing and food to resident patients, and meeting the definition of a Skilled Nursing Facility, as that term is defined in applicable State and Federal law. "Convalescent Home" does not include "Rest Home". [added effective 8/1/96]
COUNTY SOIL AND WATER CONSERVATION DISTRICT . The Tolland County Soil and Water Conservation District established pursuant to Connecticut General Statutes Section 22a-315, et. seq., as amended. [* see end note]
CUL-DE-SAC . A proposed street, or any extension of an existing street, or any combination or pattern of streets or extensions thereof, having only one outlet to a through State or Town road. [added effective 8/1/96]
DAY CARE CENTER . A use of land or buildings which offers or provides a program of supplementary care for compensation to more than twelve (12) related or unrelated children, or any number of adults, outside their own homes on a regular basis for a part of the twenty-four (24) hours in one or more days in the week. "Day Care Center" does not include services which are: administered by a public or private school system which is in compliance with Connecticut General Statutes Section 10-188; recreation operations such as, but not limited to, boys' and girls' clubs, church-related activities, scouting, camping or community-youth programs; informal arrangements among neighbors or relatives in their own homes; drop-in supplementary child care operations where parents are on the premises for educational or recreational purposes and the child receives such care infrequently.
"Day Care Center" includes "Child Day Care Center" as defined in Section 19a-77 of the Connecticut General Statutes, but does not include a "Family Day Care Home" or "Group Day Care Home" as defined in said Section. [added effective 8/1/96]
DECK . An Accessory Structure consisting of one or more horizontal surfaces attached to and extending from the Dwelling and used for Accessory residential uses. A Deck may not be covered by any roof, awning, or other surface, nor shall it be enclosed in any manner. A Deck's floor shall be no more than six (6') feet higher than the highest point of the finished grade adjacent to the Dwelling. For Decks extending into required Yards in the R-80 Zone, see Section 7 (Accessory Uses, Buildings and Structures).
DEVELOPMENT . Any man-made change to real estate, including but not limited to, the construction of buildings or structures, mining, dredging, filling, grading, paving, excavation or drilling operations; but excluding the tilling of soil as part of a bona fide farming or gardening operation. [* see end note]
DISTRICT . See "Zone".
DRIVE-INS . A use, or an establishment designed or operated for such use, where a patron is served while seated in an automobile located in an off-street or on-street parking area, driveway, or similar area. [added effective 8/1/96]
DRIVEWAY . Any access from a public highway used, designed, or intended to be used for vehicular ingress and egress to any building, structure, use or lot. [* see end note]
DRIVEWAY, COMMON . A driveway serving more than one (1) residential lot. [added effective 8/1/96]
DRIVEWAY, LOOP . A driveway intersecting the street at two (2) or more points and serving more than one (1) residential lot. [added effective 8/1/96]
DUSTLESS SURFACE . For permanent uses: Adequately covered with concrete, asphalt, or bituminous products. For temporary uses: Screenings, stone, or gravel adequately treated with water, calcium chloride, or similar dust-inhibiting substances and maintained in good condition at all times. [* see end note]
DWELLING . Any building designed and/or used for human habitation erected on a closed solid foundation, using permanent weather-proof exterior materials, constructed with ceilings and walls finished on the interior with lath and plaster or some comparable material; with facilities which are used or intended to be used for living, sleeping, cooking and eating; connected to a safe water supply with adequate sanitary sewerage disposal facilities; and equipped with at least one (1) furnace or other customary form of heating apparatus which, in conjunction with proper insulation, is capable of maintaining a healthful interior room temperature of sixty-nine (69 ) degrees Fahrenheit, with healthful ventilation, when the outside temperature is zero (0 ) degrees Fahrenheit or lower. [from "DWELLING UNIT", amended effective 8/1/96]
DWELLING, ONE-FAMILY . A single detached dwelling on one (1) lot designed and/or used for residential purposes for one (1) family only. One or more rooms in a one-family dwelling which are arranged or used for separate occupancy by a person or persons related by blood or marriage to the occupant(s) of the dwelling shall be considered as an accessory use, and shall not constitute a separate dwelling, provided, however, that such room(s) contain no provisions for cooking, eating, or dish washing, and provided further that no compensation is paid for such occupancy. [from "RESIDENCE, SINGLE FAMILY", amended effective 8/1/96]
DWELLING, TWO-FAMILY . A single detached dwelling on one (1) lot used for residential purposes designed and/or used for occupancy by two (2) families living independently of each other, having two(2) kitchens and separate, independent entrances. [added effective 8/1/96]
DWELLING, MULTIPLE FAMILY . A single detached dwelling on one (1) lot used for residential purposes designed and/or used for occupancy by three (3) or more families living independently of each other, having separate or joint entrances, services and facilities. [from "RESIDENCE, HIGH DENSITY", amended effective 8/1/96]
DWELLING UNIT . Any room or group of rooms located within a residential building and forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking and eating by one (1) family. [* see end note]
EASEMENT . A right, established in Deed or other legal means, of one party to use a designated portion of a second party's land for a specific limited purpose. [added effective 8/1/96]
ENLARGEMENT, OR TO ENLARGE . Any addition to the floor area of an existing building, an increase in the 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. [added effective 8/1/96]
EXTEND, OR TO MAKE AN EXTENSION . An increase or amplification, as distinguished from establishment or inception. "Extension" shall be deemed to include the expansion in the seasons or periods of use of a Non-Conforming seasonal use, or of a seasonal dwelling on a Non-Conforming lot; and any increase in the normal days or hours of operation, or any increase in the scope of services offered, of any Non-Conforming, non-residential use of land, buildings, or structures. [added effective 8/1/96]
FAMILY . (a) Any number of individuals related by blood, marriage, or adoption, living together as a single housekeeping unit; or (b) A group of not more than three (3) persons, not so related by blood, marriage, or adoption, living together as a single housekeeping unit. [* see end note]
FAMILY DAY CARE HOME . A dwelling in which care is provided for compensation to not more than six (6) children, including the provider's own children not in school full-time, where the children are cared for not less than three (3) nor more than twelve (12) hours during a twenty-four (24) hour period, and where care is given on a regularly recurring basis. "Family Day Care Home" does not include services which are: administered by a public or private school system which is in compliance with Connecticut General Statutes Section 10-188; recreation operations such as, but not limited to, boys' and girls' clubs, church-related activities, scouting, camping or community-youth programs; informal arrangements among neighbors or relatives in their own homes; drop-in supplementary child care operations where parents are on the premises for educational or recreational purposes and the child receives such care infrequently.
"Family Day Care Home" includes "Family Day Care Home" as defined in Section 19a-77 of the Connecticut General Statutes, but does not include "Group Day Care Home" or "Child Day Care Center" as defined in said Section. See, the definition of "Home Occupation". [added effective 8/1/96]
FARM . Any tract of land no less than five (5) acres in area 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: Commercial dog kennels; commercial propagation and growing of flowers, plants, nursery stock, and berries, when combined with on- site sales to the general public; commercial greenhouses; commercial livery and boarding stables; commercial veterinary hospitals; cattle feed lots; rendering plants, 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. [* see end note]
FENCE . A structure for enclosure or screening, including a wall. [added effective 8/1/96]
FIRE MARSHAL . The legally designated Fire Marshal of the Town of Willington or his authorized representative(s). [added effective 8/1/96]
FLEA MARKET . The use of land or buildings, or any combination thereof, for the commercial sale of new or used products by one or more vendors on a continuous, regular, or intermittent basis. A flea market shall be deemed to be a commercial activity and shall comply with all provisions of these Regulations applicable to such uses. The isolated sale by the occupants of one or more dwellings, or by clubs, non-profit religious, educational, charitable, and other similar organizations, of used household articles, baked goods, household crafts, and similar items, shall not be considered a "Flea Market", provided such activity complies with the definition of "Accessory Use" contained in these Regulations. [added effective 8/1/96]
FLOOD (OR FLOODING) . See, Section 4.17 (Flood Hazard Regulations). [added effective 8/1/96]
FLOOD PLAIN . Those areas subject to flooding at base flood as designated Zones A, A7, A8, A10 and A12 on the Willington Federal Insurance Rate Maps (FIRM) dated June 15, 1982, and the accompanying Willington Flood Insurance Study, as the same may be amended from time to time, and on file in the Office of the Town Clerk. [* see end note]
FLOOR AREA, GROSS . The sum of the gross area (horizontal) of every floor of a building, as measured by the exterior faces of the walls or from the centerline of party or common walls separating two buildings, dwellings, or distinct and separate non-residential uses having no common exterior access.
"Floor Area, Gross" shall include: basement space; attic space whether or not a floor has been laid, over which there is structural headroom of 7-feet or more; floor space used for mechanical equipment with structural headroom of 7-feet or more; roofed porches, breezeways, interior balconies and mezzanines; any roofed-over space not located in a basement such as a garage or carport for off-street parking accessory to a dwelling.
"Floor Area, Gross" shall not include: cellar space; except that any such space used for a non- residential use shall be included for the purpose of calculating the required off-street parking spaces for such use; elevator shafts and stairwells, accessory water tanks and cooling towers; and patios, terraces, unroofed open porches/decks, and outside uncovered steps.
FLOOR AREA, LIVABLE . That portion of the Gross Floor Area on a Dwelling which is adequately provided with heat, light and ventilation so as to be suitable for residential use and occupancy. "Floor Area, Livable" shall include: Finished basement or attic spaces and enclosed porches; but shall exclude: Garage space; cellar space; terraces/patios, unroofed open porches, steps, and similar unenclosed or unfinished spaces; and stairways and halls serving more than one (1) dwelling unit. See, Section 7. [* see end note]
FLOOR AREA RATIO . The Gross Floor Area in square feet of all buildings on a Lot, divided by the area of such Lot in square feet. [* see end note]
GOVERNMENTAL SERVICES . Any activity or use, carried out by a public agency or its duly authorized agents, such as police stations, refuse disposal areas, schools, pollution control plants, highway garages, town halls, town office buildings, fire departments, non-commercial ambulance and other emergency services, and other similar uses. [added effective 8/1/96]
GROSS FLOOR AREA . See "Floor Area, Gross".
GROUP DAY CARE HOME . A use of land or buildings which offers or provides a program of supplementary care for compensation to not less than seven (7) nor more than twelve (12) related or unrelated children outside their own homes on a regular basis for a part of the twenty-four (24) hours in one or more days in the week; "Group Day Care Home" does not include services which are: administered by a public or private school system which is in compliance with Connecticut General Statutes Section 10-188; recreation operations such as, but not limited to, boys' and girls' clubs, church-related activities, scouting, camping or community-youth programs; informal arrangements among neighbors or relatives in their own homes; drop-in supplementary child care operations where parents are on the premises for educational or recreational purposes and the child receives such care infrequently.
"Group Day Care Home" includes "Group Day Care Home" as defined in Section 19a-77 of the Connecticut General Statutes, but does not include "Family Day Care Home" or "Child Day Care Center" as defined in said Section. [added effective 8/1/96]
GUEST HOUSE . A separate building on a residential lot which would meet the definition of a "Dwelling", provided, however that such building shall contain no provisions for cooking, eating, or dish washing, and provided further that no compensation is paid for such occupancy, and provided further that such building shall comply with all provisions of these Regulations for Accessory Buildings and Uses. [added effective 8/1/96]
HEALTH OFFICER . The legally designated health authority of the Town of Willington or his authorized representative(s). [added effective 8/1/96]
HELISTOP . A landing and take-off pad for the pickup and discharge of passengers by helicopter for the exclusive use of the owner of the lot upon which the helistop is located, and excluding passenger service to the general public. A Helistop shall be accessory to the principal use of the lot or building upon which it is located. See, Section 11.11 (Helistops). [added effective 8/1/96]
HOME FOR THE AGED . See "Rest Home". [added effective 8/1/96]
HOME OCCUPATION . Accessory uses conducted for compensation by the occupant(s) of a residential building or lot which complies with the applicable provisions of Section 11.01 (Special Regulations) of these Regulations. Home occupations shall not include restaurants, tea rooms, or other eating or drinking places; dog kennels, animal hospitals; barber shop or beauty parlor having more than one (1) sink with one chair for cutting hair; or automotive service, supply sales or repairs except for vehicles registered in the name of family members residing in the dwelling. [* see end note]
Home occupations include, but are not limited to: The preparation and sale of those products customarily produced in the home or garden, and actually produced in the subject home or garden, such as baking and home preserves; the preparation and sale of the products of arts and crafts actually prepared on the subject premises, such as sewing, painting, wood carving, cabinet making, ceramics, writing, sculpture, ornamental glass and metal working; the workshops of skilled craftsmen such as watchmakers, plumbers, electricians, carpenters, house painters, paperhangers, and radio and television repairmen; and the offices of architects, accountants, engineers, psychotherapists, real estate and insurance agents, and other recognized professionals; Group Day Care Homes. See, Section 11 (Special Regulations). [* see end note]
HOTEL-INN . A building, designed and used primarily for temporary accommodations for six (6) or more transients, exclusive of employees residing on the premises, and which may include, as accessory uses, the serving of food and drink and the provision of rooms for public assembly. [added effective 8/1/96]
ILLEGAL USE OF LAND, BUILDING OR STRUCTURE . Any use, 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. [added effective 8/1/96]
INLAND WETLAND . Those areas designated and defined as inland wetlands by the Willington Inland Wetlands and Watercourses Agency, pursuant to its Regulations, as the same may be amended from time to time. [added effective 8/1/96]
JUNK YARD . An area of land, with or without buildings, used, either as a principal or accessory use, or occupied by the outdoor storage of used or discarded materials such as waste paper, rags, scrap metal, building materials, house furnishings, machinery, vehicles, or parts thereof, with or without dismantling, processing salvage, sale or other use or disposition of the same. A deposit or the outdoor storage on a lot of two (2) or more wrecked or unregistered vehicles, or vehicles otherwise not in a condition for legal use on public highways, or parts of two (2) or more such vehicles, shall be deemed a junk yard. [* see end note]
KENNEL, DOG . A place, open or enclosed, in which canines are kept for breeding, boarding, grooming, or medical attention. [added effective 8/1/96]
LANDSCAPING . Items such as planters, shrubs, railroad ties, stonewalls, trellises, ornamental structures six (6') feet or less in height, walkways, and the like. The term landscaping shall apply to outdoor items normally used to enhance the aesthetic features of a lot or property. Sight line requirements addressed elsewhere in these Regulations shall not be obstructed by landscaping. [Added 5/29/01, effective 6/12/01]
LIVESTOCK . Includes such domestic animals as horses, cows, goats and sheep, or the like, but excluding mink. [added effective 8/1/96]
LOT . One (1) or more contiguous parcels of land under unified ownership, and separately described in a Deed of record, which is occupied or capable of being occupied by one (1) principal building and the accessory buildings or uses customarily incidental to it, including such open spaces as are required by these Regulations, and which, in addition, meets the minimum area, width, and other applicable requirements of these Regulations for the zone in which such parcel is located, or is a legal Non-Conforming parcel, as defined in these Regulations. In the case of multiple or two-family dwellings, a group of buildings under the same ownership shall be considered as occupying the same lot. The term "lot" includes the terms "plot" and "parcel", but those terms do not include the term "lot". [* see end note]
LOT AREA . The area of a horizontal plane bounded by all lot lines. See, Section 4.04 (Buildable Area); and, also, Section 8 (Area, Yard, and Height Requirements). [added effective 8/1/96]
LOT, CORNER . A lot of which two (2) adjacent sides face a street or streets so that the interior angle of the intersection is less than one hundred thirty-five (135 ) degrees, provided that the corner of any such intersection is not rounded by a curve having an inside radius greater than fifty (50') feet. [* see end note]
LOT COVERAGE . The ratio between the Building Area and the gross area of the Lot. [added effective 8/1/96]
LOT FRONTAGE . The length of the shortest straight line touching both Side Lot Lines, located entirely within the Lot, and touching not less than one point on the Front Lot Line. See Sheet A-1, Appendix A. In the case of a Rear Lot, the Lot Frontage shall be measured at that point closest to the Street from which the Lot derives its principal access, at which point the minimum Lot Width for the subject zone is met. See, Section 4.18 (Rear Lots). [* see end note]
LOT LINE . Any boundary line of a Lot. [* see end note]
LOT LINE, FRONT . That Lot Line being along the Street Line which that Lot abuts. In the case of Rear Lot, that Lot Line being closest to the Street from which the Lot derives its principal access. See Sheet A-1, Appendix A. [* see end note]
LOT LINE, REAR . That Lot Line which is roughly opposite of, and farthest from, the Front Lot Line. See Sheet A-1, Appendix A. [* see end note]
LOT LINE, SIDE . Any Lot Line not a Front Lot Line or a Rear Lot Line that connects from each end of the Front Lot Line to each end of the Rear Lot Line. See Sheet A-1, Appendix A. [* see end note]
LOT, NON-CONFORMING . See "Non-Conforming Lot". [added effective 8/1/96]
LOT, REAR . See, Section 4.18 (Rear Lots). [added effective 8/1/96]
LOT OF RECORD . A lot for which a Deed has been recorded in the Office of the Town Clerk of the Town of Willington, which lot met the requirements of these Regulations and of the Willington Subdivision Regulations, as the same were in force at the time of such recording. See, Section 9.02 (Existing Non-Conforming Lots). [added effective 8/1/96]
LOT, THROUGH . A Lot, other than a Corner Lot, having frontage on two (2) or more Streets. [* see end note]
LOT WIDTH . The minimum distance between the Lot Side Lines, measured at any point between the Lot Frontage Line and the Lot Rear Line.
MANUFACTURING . Any process whereby the nature, size, or shape of articles is changed or where articles are assembled or packaged in quantity.
MOBILE HOME . See "Trailer".
MOTEL . A Building or group of Buildings containing individual sleeping quarters and individual entrances, and designed, altered, intended, or used primarily for rental to transients on a nightly basis. [* see end note]
NON-BUILDING USE . A Principal Use of land to which the Buildings on the Lot, if any, are Accessory; such as, a Trailer, Junkyard, Public Parking Lot, a Flea Market, or open storage yard for materials. [* see end note]
NON-CONFORMING BUILDING OR STRUCTURE . A building or structure 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 or structure legally existing on the effective date of any amendment hereto which caused such building or structure to cease to meet the requirements of these Regulations. See, Section 9.04 (Non-Conforming Buildings and Structures). [* see end note]
NON-CONFORMING LOT . A Lot of Record, subject to the requirements of Section 9.02 of these Regulations. [* see end note]
NON-CONFORMING USE . The actual use of land, buildings, or premises which is not a use permitted by these Regulations for the zone in which such use is occurring, but which was legally existing and conformed to all requirements of the Regulations then in force, if any, on the effective date of these Regulations or on the effective date of any amendment hereto which caused the use to cease to meet the requirements of these Regulations. See, Section 9.03 (Non- Conforming Uses). [* see end note]
NURSERY SCHOOLS . See "Day Care Center". [added effective 8/1/96]
NURSING HOME . See "Rest Home". [added effective 8/1/96]
OCCUPY . To take possession or enter upon for the purpose of using. When applied to a trailer, to use for sleeping and dwelling purposes. [added effective 8/1/96]
OPEN SPACE (as applied to Bulk and Yard Requirements). An unoccupied space open to the sky on the same lot as the subject building or structure. [added effective 8/1/96]
PARCEL . Any contiguous piece of land, including one or more contiguous lots of record, unified under the same ownership, whether or not every said piece of land was acquired at the same time; excluding, however, any parcel which is a "lot", as that term is defined in these Regulations. [added effective 8/1/96]
PARK . An area set apart for recreation of the public, to promote its health and enjoyment, and owned and operated by a public or non-profit agency. [added effective 8/1/96]
PARKING, OFF-STREET . Parking space(s) as required by these Regulations which is/are located outside a public Street right-of-way. [* see end note]
PARKING SPACE . See, Section 18 (Off-street Parking and Truck Loading). [added effective 8/1/96]
PAVED AREA . An area covered with an impervious material such as concrete, asphalt, or bituminous concrete to be used for the storage, passage, or conveyance of motor vehicles or pedestrians, including, but not limited to, streets, parking lots, driveways, loading areas, sidewalks, or impervious surface drainage swales. [* see end note]
PERSON . An individual, firm, partnership, joint venture, association, club, corporation, estate, trust, receiver, syndicate, or other entity or combination thereof. [added effective 8/1/96]
PLEASURE HORSE . A horse or pony maintained solely for the recreational use of the owner's Family. [* see end note]
POULTRY . Chickens, turkeys, pheasants, ducks, and other birds customarily raised for their meat or eggs. [added effective 8/1/96]
PREMISES . A Lot or Parcel and all Buildings, Uses and Structures located thereon. [* see end note]
PREMISES, PERMIT . That portion of any building that has been granted a liquor permit by the State Liquor Control Commission. [added effective 8/1/96]
PRINCIPAL BUILDING . That single building, or inter-related group of buildings, in which is conducted the principal use of the lot on which the building is situated. [added effective 8/1/96]
PRINCIPAL USE . The primary purpose or function for which a premises is used, designed, or intended to be used. [added effective 8/1/96]
PUBLIC . Used or controlled exclusively by any department or branch of a governmental unit; excluding clubs, associations, and other private entities which may serve a public purpose. [added effective 8/1/96]
PUBLIC GARAGE . A Building used for the storage of more than three (3) motor vehicles owned by persons other than the owner or occupants of the Premises, or in which repairs or similar work is performed upon motor vehicles not owned by the owner or occupants of the Premises. [* see end note]
PUBLIC PARKING LOT . A Lot used for the storage of registered motor vehicles with Parking Space(s) available to the general public. [* see end note]
RESTAURANT . The retail 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 an enclosed building. See, Section 11.12. [added effective 8/1/96]
REST HOME . An establishment which is licensed by the Department of Health Services pursuant to Chapter 368v of the Connecticut General Statutes and which furnishes food and shelter to two or more persons unrelated to the proprietor and, in addition, provides services which meet a need beyond the basic provisions of food, shelter and laundry; such services including, but not limited to, assistance in personal hygiene, nutrition, exercise, recreation, and health maintenance. "Rest Home" includes "Home for the Aged" and "Nursing Home", but does not include "Convalescent Home" or "Skilled Nursing Facility". [added effective 8/1/96]
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. [added effective 8/1/96]
SIGN . Any structure, or part thereof, or any device attached to a building or structure or painted or represented thereon which displays or includes letters, words, symbols, trademarks or any other graphic representation which is in the nature of an announcement, direction, advertisement or other device used to attract the attention of the public for commercial purposes or otherwise; similarly, any natural object, such as a tree, stone, or the earth itself, which is painted or arranged so as to represent or display any of the aforesaid graphic representations; any building feature, including roof or other special illumination, special colors or effects, or building or roof lines which serve to identify the use or occupancy of any building or site through a recognized motif or symbol. The term "sign" shall include sculptures and similar works of art designed or intended to attract the attention of the general public to commercial or industrial premises. See, Section 19 (Signs). [* see end note]
SIGN, ADVERTISING . A sign, including that type of sign commonly known as a "billboard", which directs the attention of the viewer to a business, commodity, service, entertainment, or other Use which is conducted, sold, offered, or occurring, either presently or in the future, at a location different from the Lot upon which such sign is displayed, or only incidentally occurring upon such lot. [* see end note]
SIGN AREA OR FACE . The plane defined by one continuous perimeter of that rectangle, triangle, or circle having the smallest area which encompasses all the lettering, wording, design, or symbols together with any background different from the balance of the surface on which it is located, if such background is designed as an integral part of and related to the sign. Such perimeter, however, shall not include any structural elements lying outside the limits of such sign and not forming an integral part of the display. For the purposes of these Regulations, two-sided signs where the sides are back-to-back and located no more than eighteen (18") inches apart and parallel, shall be considered to have only one (1) sign face. See, Section 19 (Signs). [* see end note]
SIGN, BUSINESS . A Sign which directs attention to a business, commodity, service, entertainment, or other Use which is currently conducted, sold, or offered upon the same Lot where such sign is displayed. A "For Sale" or "To Let/For Rent" sign related to the Lot upon which it is displayed shall be deemed to be a business sign. [* see end note]
SIGN, DIRECTIONAL . A Sign on a Premises indicating location of the use or purpose of a Building, Lot, or portion thereof located elsewhere in such Building or on such Lot; but containing no other information. [* see end note]
SIGN, DIRECTLY ILLUMINATED . Any Sign designed to give forth any artificial light directly or indirectly through any transparent, reflective, translucent or similar material, from a source of light contained within, upon, or otherwise structurally integrated into such Sign. [* see end note]
SIGN, GROUND . Any Sign supported by upright structural components, placed or located upon the ground and not attached to any part of any Building. [* see end note]
SIGN, IDENTIFICATION . A Sign on a Premises bearing the name or similar identification of the Use or occupant of a Building, Lot or portion thereof, or a Sign indicating danger or whether a facility is open for business; but containing no other information. [* see end note]
SIGN, INDIRECTLY ILLUMINATED . A Sign illuminated by a light source which is so shielded that no direct rays therefrom are visible elsewhere than on the Sign Face, or the area immediately around it, but in no event visible off the Lot where said Sign is located. If such shielding is defective or fails to conform to the criteria of this definition, such Sign shall be deemed to be a Directly Illuminated Sign. [* see end note]
SIGN, FLASHING . Any Sign in which or upon which artificial light is not maintained stationary and constant in intensity and color at all times; excluding time or temperature signs approved in accordance with Section 19 of these Regulations.
SIGN, MOVING . Any Sign, or any portion of any Sign, which is not fixed or stationary, or which is capable of any movement whatsoever; excluding barber poles and clocks. [* see end note]
SIGN, OUTDOOR ADVERTISING AND/OR OFF-PREMISES . See "Sign, Advertising". [* see end note]
SIGN, OVERHANGING . Any Sign extending at an angle from a Building which is its sole or principal support. [* see end note]
SIGN, POLE . See "Sign, Ground". [* see end note]
SIGN, ROOF OR SKY . Any Sign erected, constructed, or maintained upon the roof of a Building. [* see end note]
SIGN, TEMPORARY . Any Sign which is intended to advertise community or civil projects, construction projects, real estate for sale or lease, or other special events of a temporary nature, and erected on a temporary basis. [* see end note]
SIGN, TRESPASS . Any Sign on a Premises restricting the right to enter such Premises and indicating the private nature of such Premises. [* see end note]
SIGN, WALL . Any Sign painted, posted, or otherwise affixed to any portion of a vertical surface or plane that forms the wall of a Building. [* see end note]
SPRING WATER, RECOVERY OF . Water that appears naturally at the ground's surface and is collected at its natural flow rate without any means of assistance. [added effective 8/1/96]
STREET . An improved right-of-way or fee simple parcel of land dedicated and accepted by the Town or the State of Connecticut for the purpose of public travel by lawful procedure and suitable for vehicular travel; or a proposed street shown on a subdivision plan approved by the Commission in accordance with the applicable provisions of the Willington Subdivision Regulations. [* see end note]
STREET, CENTER LINE . A line equidistant from each Street Line; or if no Street line is established, the center line of the existing pavement; or if the Street is unpaved, the center line of the existing traveled way. [* see end note]
STREET LINE . The line separating a street from the abutting non-public property. [* see end note]
STRUCTURE . Anything which is constructed or erected and the use of which requires more or less permanent location on ground or water areas or attachment to something having permanent location on ground or water areas, not, however, including wheels, an edifice or a building of any kind; any production or piece of work, artificially built up or composed of parts and joined together in some definite manner, including signs, vending machines, fences or walls in excess of six (6') feet in height, a wharf or dock, an above-ground tank, or a detached solar panel or satellite dish. A structure shall not include a flagpole, an ornamental well, landscaping, or a fence or wall six (6') feet or less in height. [revised 5/29/01, effective 6/12/01]
STRUCTURE HEIGHT . The greatest vertical distance between the finished grade elevation at any point of consideration along the perimeter of the structure and the highest point of the structure.
SUBDIVISION . The definition of the term "subdivision" as used in these Regulations shall be the same as that term is defined in the Willington Subdivision Regulations. [added effective 8/1/96]
TAG SALE . The temporary use of land or the buildings thereon for the purpose of the public sale of personal household goods by the owner or resident thereof in conjunction with the cleaning-out or vacating of residential premises. In no way does the term "tag sale" encompass the sale of any goods brought to the premises for the purpose of public sale except where more than one (1) family may cooperatively enter into such a sale at one (1) location. The term "tag sale" shall include garage sale, yard sale, barn sale, attic sale, and any similar term or activity. [added effective 8/1/96]
TAVERN/INN . A building designed and used for combined use as a restaurant and for temporary accommodations for transients, in accordance with Section 11.06 (Hotel/Motel) of these Regulations. [added effective 8/1/96]
TOURIST HOME . A building, or group of buildings, a portion of which is occupied by the owner thereof as a permanent residence, and which building(s) is/are designed or used for the short-term rental of no more than three (3) rooms to transients, and capable of including, as an accessory use, the serving of breakfast only, and exclusively to persons occupying the facility. [* see end note]
TRACT . See "Parcel".
TRAILER . A trailer coach or mobile home, or truck- or semi-trailer, either on or off wheels but not permanently affixed to a foundation, or otherwise capable of relocation or transport. A mobile building shall be included within this definition regardless of whether it contains cooking, bathing, and/or toilet facilities, as long as it is capable of being connected to a water supply and to a sewerage disposal system and is designed for human occupancy on a temporary or permanent basis. [* see end note]
USE . Any purpose for which a building, structure, or premises may be designed, arranged, intended, maintained, or occupied; or, any activity, occupation, business, or operation actually carried on in a building or other structure or on a lot or parcel. [* see end note]
USE, NON-CONFORMING . See "Non-Conforming Use".
VETERINARY HOSPITAL . Any land use, building, or structure where animals are given medical or surgical treatment, and are boarded or cared for overnight, but which does not meet the definition or requirements of Veterinary Outpatient Clinic. [added affective 8/1/96]
VETERINARY OUTPATIENT CLINIC . A use where small animals or pets are given medical or surgical treatment. Such clinic shall be located within a completely enclosed building, soundproofed and mechanically ventilated so as to prevent the emission of objectionable noise, and with no outside facilities or accessory structures for animals. Such clinic shall provide no boarding of animals except as required for medical treatment. Such boarding shall be accessory to the principal Veterinary Outpatient Clinic use, and shall occupy no more than twenty (20%) percent of the total use floor area, and shall provide space for no more than fourteen (14) animals. No structure or use of land shall be considered a "Veterinary Outpatient Clinic" if it has obtained a commercial kennel license from the Connecticut Commissioner of Agriculture in accordance with Chapter 435 of the Connecticut General Statutes. [added effective 8/1/96]
WATERCOURSE . Those areas designated and defined as watercourses by the Willington Inland Wetlands and Watercourses Agency, pursuant to its Regulations, as the same may be amended from time to time. [added effective 8/1/96]
WETLAND . See "Inland Wetland".
YARD, REQUIRED . An open space on the same lot with a Building having those minimum dimensions prescribed by these Regulations. [added effective 8/1/96]
YARD, MINIMUM REQUIRED FRONT . A Yard between any Principal Building and the Lot Frontage Line, extending the full width of the Lot between the Lot Side Lines, measured by the minimum horizontal distance between any such Building and the Lot Frontage Line; or, in the case of a Corner Lot, a similar Yard extending along all streets. At no point shall the required Front Yard be less than the Lot Width required for the subject zone. See, Section 8 (Area, Yard, and Height Requirements). See, also, Section 7 (Accessory Uses, Buildings and Structures). See Sheet A-3, Appendix A. [* see end note]
YARD, MINIMUM REQUIRED REAR . A Yard between any Principal Building and Rear Lot Line, extending the full width of the Lot between the Lot Side Lines, measured by the minimum horizontal distance between any such Building and the Rear Lot Line; or, in the case of a Corner Lot, a similar Yard extending across the side of the Lot opposite the Street on which the principal building has its street address, or is otherwise the designated front of the Lot. See, Section 8 (Area, Yard, and Height Requirements). See, also, Section 7 (Accessory Uses, Buildings and Structures). See Sheet A-3, Appendix A. [* see end note]
YARD, MINIMUM REQUIRED SIDE . A Yard between the Side Lot Line and any Principal Building, extending on both sides of the Lot from the Front Lot Line to the Rear Lot Line; or, in the case of a Corner Lot, a similar Yard extending across the side of the Lot opposite the Street on which such building does not have its street address, or is otherwise not the designated front of the lot. Any Yard not a Rear Yard or a Front Yard shall be deemed to be a Side Yard. See, Section 8 (Area, Yard, and Height Requirements). See, also, Section 7 (Accessory Uses, Buildings and Structures). See Sheet A-3, Appendix A. [* see end note]
ZONE . An area within which certain uses of land and buildings are permitted, certain others are prohibited, and certain others are designated as uses requiring a Special Exception or Special Permit from the Commission or the Board; yards and other open spaces are required; lot areas, building height limits, and other requirements are established; all of the foregoing being identical for all property located within the zone to which they apply. [added effective 8/1/96]
REAR LOT shall be defined as follows: A lot, with less than the required frontage for a particular zone, having a permanent access way to an accepted Town or State road and meeting the requirements of this Section 4.18.
DEVELOPMENT RESTRICTION . A restriction which perpetually prohibits further development or use inconsistent with the enhancement, preservation and protection of a defined area for the benefit of fish, wildlife, plants, or other similar ecosystems, or preserves such areas predominantly in their natural scenic or open condition; but which may, in the sole discretion of the Commission, permit non-profit recreational, and/or agricultural uses which non-profit recreational or agricultural uses do not involve any significant alteration or development of the restricted area in a manner which is inconsistent or inimical to the preservation and protection of the restricted area.
NORMAL LOT SIZE . The lot size, expressed in square feet, normally applicable to the Zone in which the proposed Open Space Subdivision is located (80,000 square feet for the R-80 Zone).
OPEN SPACE . Land within an Open Space Subdivision which is subject to a Development Restriction.
OPEN SPACE SUBDIVISION . A subdivision approved in accordance with this Section 10.
TOTAL AREA . The total area of the proposed Open Space Subdivision expressed in square feet, but excluding any areas not used for detached single-family residential development or Open Space.
UNBUILDABLE AREA . The area, expressed in square feet, within the proposed Open Space Subdivision which is comprised of wetlands, watercourses, Flood Zone A per FEMA maps, existing and proposed streets and highways, easements and rights-of-way for vehicular access and utilities. For purposes of this Subsection, easements and rights-of-way of an undefined width shall be deemed to be twenty-five (25') feet in width.
ANTENNA . Means a device used to receive or transmit electromagnetic waves. Examples include, but are not limited to whip antennas, panel antennas and dish antennas.
APPLICANT . Shall be the licensed carrier (or provider) and land owner, acting jointly.
BASE . Means location where a tower is attached to its foundation.
BASE HEIGHT . Means the maximum building height in the subject zone plus 10 feet.
BASE EQUIPMENT . Means a structure or building at the base of the mount or a box located inside such a structure or building within which are housed service, electrical and back-up power equipment.
CO-LOCATION, OR CO-LOCATED . Means the use of a single mount or site by more than one licensed carrier. Co-location also means locating a wireless telecommunication facility on an existing structure (e.g. water tower) or building provided that the facility does not extend beyond 10 feet above the mount or, for electric transmission tower mounts, that the facility does not extend beyond 15 feet above the mount.
COMMISSION . Means the Planning and Zoning Commission of the Town of Willington; or, for wireless communication facilities which will be reviewed by the Zoning Board of Appeals under the provisions of this Section 11.13, the Board.
FALL ZONE . Means the distance equaling the height of a tower from any property line of the proposed site except in those instances where the antenna is co-located on an existing structure.
HEIGHT OF TOWER . Means the vertical distance measured in feet from the lowest existing ground elevation of such tower base to the topmost point of the tower including any antenna or other appurtenances. The "existing ground elevation" shall mean the actual elevations of the property at the time of the adoption of this Section, or the elevation approved by the Commission in connection with any application filed hereunder.
LICENSED CARRIER (OR PROVIDER) . Means a company authorized by the Federal Communications Commission (FCC) to build and operate the proposed wireless telecommunication facility.
MOUNT . Means the structure or surface upon which antennas are mounted. There are three types of mounts:
11.13.04.10.01 Roof-mounted is mounted on the roof of a building;
11.13.04.10.02 Side-mounted is mounted on the side or facade of a building;
11.13.04.10.03 Ground-mounted is mounted on the ground, including mounting on a tower.
NOT SENSITIVE . Means all areas not categorized as sensitive (see Sensitive below.)
NOT VISIBLE . Means that the base, base equipment and lower 50% of a tower is behind a building of at least one story in height or a stand of trees (the average height of which is not lower than 20 feet and which in the Winter screens at least 80% of the base, base equipment and lower part of a tower), as viewed by an observer from any sensitive area (see VISIBLE below.)
SENSITIVE . Means Historic Areas, Residential Areas, and Other Areas.
11.13.04.13.01 Historic. Areas include any existing Historic District in the Town of Willington, and properties listed on the National Register of Historic Places or areas within 250 feet of such district or properties.
11.13.04.13.02 Residential. Areas include residential zones or areas within 250 feet of such zones.
11.13.04.13.03 Other Areas. Areas include: Village, Riparian Corridors, and Streambelts.
WIRELESS TELECOMMUNICATIONS FACILITY (FACILITIES) . Means the mount including any antennas or other appurtenances for the provision of wireless telecommunications services, including but not limited to those services defined in the Telecommunications Act of 1996.
TOWER . Means a mount structure that is intended solely to support equipment used to receive and/or transmit electromagnetic waves. Design examples of towers include (a) self-supporting lattice, (b) guyed and (c) monopole and (d) structure which blends into neighborhood architecturally but which use is actually for antennas (acting as tower).
VISIBLE . Means that the base, base equipment and lower 50% of a tower is visible to a higher degree than for a tower that is not visible, as viewed by an observer from any sensitive area.
TRAILER . A trailer coach or mobile home, or truck- or semi-trailer, either on or off wheels but not permanently affixed to a foundation, or otherwise capable of relocation or transport. A mobile building shall be included within this definition regardless of whether it contains cooking, bathing and/or toilet facilities, as long as it is capable of being connected to a water supply and to a sewage disposal system, and is designed for human occupancy on a temporary or permanent basis. See, Section 3 (Definitions).
SITE . A parcel of land on which one (1) trailer may be maintained.
COMMERCIAL LOGGING shall be defined as the cutting and removal of forest trees larger than ten (10") inches in Diameter at Breast Height (DBH), with the exception of the following:
11.21.02.01 The cutting or removal of trees on a lot for the purpose of preparing a site for the construction of a subdivision road or other required improvement in an approved subdivision; the construction of a building or structure pursuant to a building permit; or an excavation operation for which a Special Permit has been issued pursuant to these Regulations.
11.21.02.02 The cutting of trees for the personal use of the owner of the lot.
11.21.02.03 The cutting of firewood by the owner (or family members) of the lot personally, without employees or independent contractors, for sale to others.
11.21.02.04 Incidental cutting, girdling, or pruning of trees and shrubs as part of normal property maintenance and forestry management.
11.21.02.05 Harvesting of commercially grown Christmas trees and nursery stock.
EXCAVATION OR EXCAVATION OPERATIONS . The terms "Excavation" or "Excavation Operations" shall include:
-Any operations involving excavating, grading, filling or removal of earth, sand, stone, gravel, soil, minerals, loam, fill, clay, peat moss, and any other earth products in the Town of Willington, and
-The transportation of such products from such operations across private property located in the Town, regardless of whether the operation itself is within the Town or in an adjacent Town.
PERMIT PREMISES . Any portion of a lot or of premises (as defined in these Regulations) upon which a Special Permit in accordance with this Section 15 has been issued, or upon which premises any such Special Permit would be required pursuant to the provisions of this Section 15. [from former Section 4.9.1.C, amended effective 8/1/96]
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 requirement of these Regulations.
DEVELOPMENT . Any man-made change to real estate, including but not limited to, the construction of buildings or structures, mining, dredging, filling, grading, paving, excavation or drilling operations; but excluding the tilling of soil as part of a bona fide farming or gardening operation.
DISTURBED AREA . An area where the ground cover is 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 (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 . 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 (E.S.C.P.) . A scheme that minimizes soil erosion and sedimentation resulting from development and includes, but is not limited to, a map and narrative.
WATERCOURSE . Watercourse shall be defined in accordance with the Willington Inland Wetlands Regulations.
WETLAND . Wetland shall be defined in accordance with the Willington Inland Wetlands Regulations. [preceding from former Section 4.A.2, amended effective 8/1/96]
AQUIFER . A geologic formation, group of formations, or part of a formation that contains saturated permeable materials to yield significant, usable quantities of water to wells and springs. Such a formation is usually composed of rock or sand and gravel.
AQUIFER PROTECTION AREA . That Overlay Zone which consists of the Primary Recharge Area for Aquifers in the Town of Willington. Those Recharge Areas, as believed to exist based on existing data, are illustrated on a map entitled, "GROUNDWATER RECHARGE AREAS CONNECTICUT AREA-WIDE WASTE TREATMENT MANAGEMENT PLANNING BOARD SCALE 1 INCH REPRESENTS 2000 FEET SHEET NO: 25, 26, 40, 41 DATE: MARCH 1980", which map is on file in the Office of the Willington Town Clerk and which map is hereby incorporated as a part of these Regulations. Such map is intended to be illustrative only, and shall not limit or restrict the extent of the Aquifer Protection Area. [from former Section 4.A.1.2, amended effective 8/1/96]
BEDROCK . Solid rock, commonly called "ledge", that forms the earth's crust. It is locally exposed at the land surface, but is more commonly beneath anywhere from a few inches to more than 300 feet of unconsolidated materials.
GLACIAL TILL OR TILL . A predominantly non-sorted, non-stratified sediment deposited directly by a glacier and composed of boulders, gravel, sand, silt and clay, mixed in various proportions.
GROUNDWATER . Water below the land surface, in the saturated zone, i.e. the subsurface zone in which all open spaces between soil particles or bedrock fractures are filled with water under pressure which is equal to or greater than atmospheric pressure.
MOST SIGNIFICANT STRATIFIED DRIFT AQUIFER . The favorable set of geologic and hydro geologic conditions within Stratified Drift deposits that are capable of supporting public water supply wells or well fields. Such favorable conditions are course grained Stratified Drift deposits that have deep saturated subsurface regions containing Groundwater.
PRIMARY RECHARGE AREA . That area immediately overlying a Most Significant Stratified Drift Aquifer, adjacent areas of Stratified Drift that may not have sufficient saturated thickness to be part of the Most Significant Stratified Drift Aquifer, and portions of the till area in which the Groundwater flows directly into the Most Significant Stratified Drift Aquifer. The boundary of the Primary Recharge Area is the contract point between the Stratified Drift and the adjacent Glacial Till or Bedrock. Those Primary Recharge Areas, as believed to exist based on existing data, are illustrated on a map entitled, "GROUNDWATER RECHARGE AREAS CONNECTICUT AREA-WIDE WASTE TREATMENT MANAGEMENT PLANNING BOARD SCALE 1 INCH REPRESENTS 2000 FEET SHEET NO: 25, 26, 40, 41 DATE: MARCH 1980", which map is on file in the Office of the Willington Town Clerk and which map is hereby incorporated as a part of these Regulations. Such map is intended to be illustrative only, and shall not limit or restrict the extent of the Primary Recharge Area.
RECHARGE AREA . That area from which water is added to the Groundwater by natural processes, such as infiltration of precipitation, or by artificial processes, such as induced infiltration.
STRATIFIED DRIFT . Predominantly unconsolidated, sorted sediment deposited by glacial melt water consisting of gravel, sand, silt, or clay in layers of similar grain size.
UNDERLYING ZONE . One of the Zoning Districts set forth in Section 2 of these Regulations, which govern the use of land, buildings and structures in those zones.
AMENDED SUBDIVISION : Any change in a property line or improvement shown on a Subdivision or Resubdivision map which has been approved and filed with the Town Clerk pursuant to these Regulations, other than a new subdivision or a resubdivision.
APPLICANT : Any person, firm, corporation, or partnership who shall apply to the Commission for approval of a subdivision, as herein- after defined, either for himself or as an agent for others.
APPLICATION : A request for approval of a specific subdivision, including an application form as may be prescribed by the Commission, accompanied by all supporting information, documents, reports, and the like which may be required by these Regulations. (See Appendix 1A, Subdivision Application Form; and Appendix 1, Subdivision Regulations Compliance Form.)
BOARD OF SELECTMEN : The Board of Selectmen of the Town of Willington.
COMMISSION : The Planning and Zoning Commission of the Town of Willington.
CUL-DE-SAC : A proposed street, or any extension of an existing street, or any combination or pattern of streets or extensions thereof, having only one outlet to a through State or Town road.
DATE OF RECEIPT : The day of the first regularly scheduled meeting of the Commission immediately following the day of submission of the Application to the Commission, or its agent, or thirty-five (35) days after such submission, whichever is sooner.
DISTURBED AREA : An area where the natural vegetative ground cover is destroyed, moved or removed.
DEVELOPMENT FOR AGRICULTURAL PURPOSES : Development exclusively for use as "agricultural land", as that term is defined in Connecticut General Statutes Section 22-26bb. (See definition of "Subdivision").
DEVELOPMENT PLAN : The Plan of Development of the Town of Willington, as it may be adopted and amended from time to time, in accordance with Chapter 126 of the Connecticut General Statutes, as amended.
DRAINAGE EASEMENT : The right, at any time, to direct the flow of water, whether derived from surface or subsurface sources, across any property owned or proposed to be owned by another. Said right is defined to include direction of the flow of water by any method or means, including but not limited to, unrestricted sheet flows, direction by open ditch or trench, or direction by enclosed conduits. Said right also includes the right to enter upon the property and to maintain said direction of the flow of water in perpetuity.
EASEMENT : A right, established in deed or other legal means, of one party to use a designated portion of a second party's land for a specific, limited purpose.
ENGINEER OR TOWN ENGINEER : The Engineer of the Town of Willington acting personally or through any assistants authorized in writing for such acts by the Engineer.
EROSION : The detachment and movement of soil or rock fragments by water, wind, ice or gravity.
FINAL SUBDIVISION PLAN : The final map, drawings, and all supporting data required by these Regulations upon which the subdivider's plan of subdivision is presented to the Commission for action and which, if approved without modifications, would be submitted to the Town Clerk for recording.
IMPROVEMENT : Any change or alteration to the existing conditions of the subdivision site for the purpose of complying with these Regulations, or any approval granted hereunder, or rendering the site more suitable for development and/or habitation. As used in these Regulations, Improvements include but are not limited to: Construction and installation of roadways, paved streets, curbs, gutters, utilities, street signs, monuments, shade trees, drainage facilities, erosion and sedimentation control measures, buildings, earth filling or removal, seeding and grading.
INLAND WETLANDS AGENCY : The Willington Inland Wetlands and Watercourses Commission, being the agency designated pursuant to Connecticut General Statutes Section~22a-42(c).
HALF STREET : A proposed street, or any extension of an existing street, along and roughly parallel to a property line such that less than the entire required right-of-way and street improvements, longitudinally, would be located on one property.
LOOP STREET : A proposed cul-de-sac, or any extension of an existing cul-de-sac, that curves back to intersect with itself.
LOT : The unit or units into which land is divided or proposed to be divided with the intention of offering such units for sale, lease or other conveyance, either as developed or undeveloped sites.
PLAN AND PROFILE : The drawing(s) depicting respectively the horizontal and vertical design for street construction and drainage, and containing all information required by Chapter IV, Section 3 of these Regulations.
PRELIMINARY LAYOUT : The preliminary drawing(s) and all required supporting data as required by Chapter IV, Section 1 of these Regulations, indicating the proposed manner and layout of the subdivision to be submitted to the Commission for consideration.
PRINT : A blueprint, photostat, lithoprint, or other copy which reproduces exactly the data on the original drawing(s) from which it is made.
RESERVE STRIP : Land controlling public access to an area dedicated or to be dedicated to public use, including streets, street connections, pedestrian ways, parks, or other land dedicated to public use.
RESUBDIVISION : A change in 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 of recording of such map.
SEDIMENT : Solid material, either mineral or organic, that is in suspension, and is transported, or has been moved from, its site of origin.
STANDARD SPECIFICATIONS AND DETAILS : The Standard Specifications and Details for construction and materials dated May, 1975, as the same may have been amended by the Commission from time to time, and which are made a part of these Regulations.
STREET : A street, avenue, lane, or any right-of-way: (a) dedicated and legally accepted by the Town or the State of Connecticut for the purpose of public travel; OR (b) shown on a subdivision duly approved by the Commission and complying with all requirements of these Regulations, recorded in the Office of the Town Clerk, and bonded or constructed in accordance with these Regulations.
STREET LINE : That line separating the public right-of-way of a Street from adjoining properties.
STREET PAVEMENT : The wearing or exposed surface of the roadway used by vehicular traffic.
STREET WIDTH : The distance between Street Lines.
SUBDIVIDER : See, "Applicant".
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 includes resubdivision.
THESE REGULATIONS : The Subdivision Regulations of the Town of Willington, including amendments thereto.
TOWN : The Town of Willington, County of Tolland, Connecticut.
TRAVELED WIDTH : The distance between curb faces, i.e., the width of the Street Pavement.
THE ACT means Section 22a-36 to 45, inclusive, of the Connecticut General Statutes, as amended.
AGENCY means the Willington Inland Wetlands and Watercourses Commission, or its designated agent.
BOGS are areas distinguished by evergreen trees and shrubs underlain by peat deposits, poor drainage, and highly acidic conditions.
CLEAR CUTTING means the harvest of timber products in a fashion which indiscriminately removes all species of trees, down to 2 inches in diameter at breast height.
COMMISSION MEMBER means a member of the Inland Wetlands and Watercourses Agency of the Town of Willington.
COMMISSIONER OF ENVIRONMENTAL PROTECTION means the Commissioner of the State of Connecticut's Department of Environmental Protection.
CONTINUAL FLOW means a flow of water, which persists, for an extended period of time. This flow may be interrupted during periods of drought or during the low flow period of the annual hydrological cycle, June through September, but it recurs in prolonged succession.
DEPOSIT includes, but shall not be limited to, fill, grade, dump, place, discharge or emit.
DESIGNATED AGENT , means an individual(s) designated by the agency to carry out its functions and purposes.
DISCHARGE means the emission of any water, substance or material into waters of the Town whether or not such substance causes pollution.
DISTURB THE NATURAL AND INDIGENOUS CHARACTER OF THE WETLAND OR WATERCOURSE means to alter the inland wetlands and watercourses by reason of removal or deposition of material, clearing the land, altering or obstructing water flow, or pollution.
ESSENTIAL TO THE FARMING OPERATION means that the activity proposed is necessary and indispensable to sustain farming activities on the farm.
FARMING except as otherwise specifically defined, the words "agriculture" and "farming" shall include cultivation of the soil, dairying, forestry, raising or harvesting any agricultural commodity, including the raising, shearing, feeding, caring for, training and management of livestock, including horses, bees, poultry, fur-bearing animals and wildlife, and the raising or harvesting of oysters, claims, mussels, other molluscan shell fish or fish, the operation, management, conservation, improvement or maintenance of a farms and its buildings, tools and equipment, or salvaging timber or cleared land of brush or other debris left by a storm, as an incident to such farming operations; the production or harvesting of maple syrup or maple sugar, or any agricultural commodity, including lumber, as an incident to ordinary farming operations or the harvesting of mushrooms, the hatching of poultry, or the construction, operation or maintenance of ditches, canals, reservoirs or waterways used exclusively for farming purposes; handling, planting, drying, packing, packaging, processing, freezing, grading, storing or delivering to storage or to market, or to a carrier for transportation to market, or for direct sale any agricultural or horticultural commodity as an incident to ordinary farming operations, or, in the case of fruits and vegetables, as an incident to the preparation of such fruits or vegetables for market or for direct sale. The term "farm" includes farm buildings, and accessory buildings thereto, nurseries, orchards, ranges, greenhouses, hoophouses and other temporary structures or other structures used primarily for the raising and, as an incident to ordinary farming operations, the sale of agricultural or horticultural commodities. The term "aquaculture" means the farming of the waters of the state and tidal wetlands and the production of protein food, including fish, oysters, clams, mussels and other molluscan shellfish, on leased, franchised and public underwater farmlands. Nothing herein shall restrict the power or a local zoning authority under chapter 124 of the Connecticut General Statutes.
FEASIBLE means able to be constructed or implemented consistent with sound engineering principles.
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 Act.
MANAGEMENT PRACTICE means a practice, procedure, activity, structure or facility designed to prevent or minimize pollution or other environmental damage or to maintain or enhance existing environmental quality. Such management practices include, but are not limited to: erosion and sedimentation controls; restrictions on land use or development; construction setbacks from wetlands or watercourses; proper disposal of waste materials; procedures for equipment maintenance to prevent fuel spillage; construction methods to prevent flooding or disturbance of wetlands and watercourses; procedures for maintaining continuous stream flows; confining construction that must take place in watercourses to times when water flows are low and fish and wildlife will not be adversely affected.
MARSHES are areas with soils that exhibit aquic moisture regimes and are distinguished by the absence of trees and shrubs and the dominance of soft-stemmed herbaceous plants. The water table in marshes is at or above the ground surface throughout the year and areas of open water six inches or more in depth are common, but seasonal water table fluctuations are encountered.
MATERIAL means any substance, solid or liquid, organic or inorganic, including but not limited to soil, sediment, aggregate, land, gravel, clay, bog, mud, debris, sand, refuse or waste.
MUNICIPALITY means the Town of Willington.
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 similar form of permission which may be required of any person by the provisions of these regulations under the authority of the Inland Wetlands and Watercourses Agency.
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, government agencies or subdivisions thereof.
POLLUTION means harmful thermal effect or contamination or rendering unclean or impure of any waters of the Town by reason of any waste or other materials discharged or deposited therein by any public or private sewer or otherwise so as directly or indirectly to come in contact with any waters, this includes, but is not limited to, erosion and sedimentation resulting from any filling, land clearing or excavation activity.
PRUDENT means economically and otherwise reasonable in light of the social benefits to be derived from the proposed regulated activity provided cost may be considered in deciding what is prudent and further provided a mere showing of expense will not necessarily mean an alternative is imprudent.
REGULATED ACTIVITY , means any operation within or use of a wetland or watercourse or deposition of material, or any obstruction, construction, alteration or pollution of such wetlands or watercourses, and any earth moving, filling, construction, or clear-cutting of trees, or discharging of waters, but shall not include the activities specified in Section 4 of these regulations. Furthermore, any clearing, grubbing, filling, grading, paving, excavating, constructing, depositing or removal of material and discharging of storm water on the land within 100 feet measured horizontally from the boundary of wetlands or watercourses; 150 feet from the Fenton River and its tributaries (including Stiles, Curtis, Eldredge, Fishers, Tinkerville and Kidder Brook) and the Willimantic River and its tributaries (including Roaring, Ruby, Conant, and South Willington Brook); and 250 feet from wetlands and watercourses with adjacent slopes of 15% or greater 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 nonwatercourse area is likely to impact or affect wetlands or watercourses and is a regulated activity.
REGULATED AREA means any wetland or watercourse as defined in these regulations.
REMOVE includes, but shall not be limited to: drain, excavate, mine, dig, dredge, suck, bulldoze, dragline or blast.
RENDERING UNCLEAN OR IMPURE , means any alteration of the physical, chemical or biological properties of any of the waters of the Town, including, but not limited to, change in color, odor, turbidity or taste;
SIGNIFICANT IMPACT ACTIVITY means any activity, including, but not limited to, the following activities, which may have a major effect or significant impact:
1. Any activity involving deposition or removal of material which will or may have a major effect or significant impact on the regulated area or on another part of the inland wetland or watercourse system.
2. Any activity that substantially changes the natural channel or may inhibit the natural dynamics of a watercourse system.
3. Any activity which substantially diminishes the natural capacity of an inland wetland or watercourse to: support desirable fisheries, wildlife, or biological life; prevent flooding; supply water; assimilate waste; facilitate drainage; provide recreation or open space; or perform other functions.
4. Any activity which is likely to cause or has the potential to cause substantial turbidity, siltation or sedimentation in a wetland or watercourse.
5. Any activity which causes a substantial diminution of flow of a natural watercourse or groundwater levels of the regulated area.
6. Any activity which is likely to cause or has the potential to cause pollution of a wetland or watercourse.
7. Any activity which damages or destroys unique wetland or watercourse areas or such areas having demonstrable scientific or educational value.
SOIL SCIENTIST means an individual duly qualified in accordance with standards set by the federal Office of Personnel Management.
SWAMPS are areas with soils that exhibit aquic moisture regimes and are distinguished by the dominance of wetland trees and shrubs.
SUBMERGED LANDS , means those lands which are inundated by water on a seasonal or more frequent basis.
TOWN means the Town of Willington.
UPLAND REVIEW AREA Any area adjacent to a wetland or watercourse where regulated activity will impact or affect the wetland or watercourse.
WASTE means sewage or any substance, liquid, gaseous, solid or radioactive, which may pollute or tend to pollute wetlands or watercourses or any waters of the Town.
WATERCOURSES means rivers, streams, brooks, waterways, lakes, ponds, marshes, swamps, bogs, and all other bodies of water, natural or artificial, vernal or intermittent, public or private, which are contained within, flow through or border upon the Town or any portion thereof not regulated pursuant to sections 22a-28 through 22a-35, inclusive, of the Connecticut General Statutes. A defined permanent channel shall delineate intermittent watercourses and bank and the occurrence of two or more of the following characteristics: (a) evidence of scour or deposits of recent alluvium or detritus, (b) the presence of standing or flowing water for a duration longer than a particular storm incident, and (c) the presence of hydrophytic vegetation.
WETLANDS means land, including submerged land not regulated pursuant to Sections 22a-28 to 22a-35, inclusive, which consists of any of the soil types designated as poorly drained, very poorly drained, alluvial, and floodplain by the National Cooperative Soils Survey, as may be amended from time to time, of the National Resources Conservation Service of the United States Department of Agriculture. Such areas may include filled, graded, or excavated sites which possess an aquic (saturated) soil moisture regime as defined by the United States Department of Agriculture Cooperative Soil Survey.
RESIDENTIAL USES means activities carried out on property developed for permanent housing or being developed to be occupied by permanent housing.
COMMERCIAL USES means activities carried out on property developed for industry, commerce, trade, recreation, or business or being developed to be occupied for such purposes, for profit or nonprofit.
OTHER USES means activities other than residential uses or commercial uses.