COMMISSION - means the Planning and Zoning Commission of the City of Shelton.
COMPREHENSIVE PLAN OF DEVELOPMENT OR PLAN OF DEVELOPMENT - means the Plan for Development of the City as provided in Chapter 126, Section 8-23 of the Connecticut General Statutes.
EROSION - means the process by which the ground surface is worn away by the action of wind or water and material there from is carried, or is likely to be carried, across any property line in significant quantities.
GRADING - means any act by which soil, rock or mineral matter is cut into, dug, quarried, uncovered, removed, displaced or relocated and including the removing of vegetative cover, excavation and land balancing.
INLAND WETLANDS AND WATER COURSES - means land regulated as an inland wetland or watercourse under the provisions of Chapter 40, Connecticut General Statutes.
SPECIAL FLOOD HAZARD AREA - means the land in the flood plain within the Community subject to a one percent or greater chance of flooding in any given year. The area may be designated as Zone A on the City's Flood Hazard Boundary Map. After detailed ratemaking has been completed in preparation of publication of the City's Flood Insurance Rate Map, Zone A is refined into Zones A, A1 - A5, and A 12, A 15, and A 19
SUBDIVISION AND RE-SUBDIVISION : Requirements applicable to subdivisions shall also apply to re-subdivisions. The terms "subdivision" and "re-subdivision" as used in these Regulations are defined in Chapter 126 of the Connecticut General Statutes 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 includes re-subdivision.
b. Re-subdivision - means a change in a map of an approved or recorded subdivision or re-subdivision if such change
(a) affects any street layout shown on such map,
(b) affects any area reserved thereon for public use or
(c) diminishes the size of any lot shown thereon and creates an additional building lot, if any of the lots shown thereon have been conveyed after the approval or recording of such map.
1. Open Space includes, but shall not be limited to: Land left in its natural, undisturbed state; agricultural land for which development rights have been assigned or otherwise permanently alienated; land areas and facilities for non-commercial, non-profit recreation; and similar land use areas for wildlife habitat, passive and active recreation, groundwater recharge, scenic preservation, and the like.
2. Land means all real property, including improvements thereof and thereon, and all estates, interests, and rights therein of any kind or description, including, but not limited to, easements, rights-of-way and water and riparian rights, provided that these interests run with the subject real property.
3. Improvement or Public Improvement means any change or alteration to the existing conditions of the subdivision site:
a) for the purpose of complying with these Regulations, or any approval granted hereunder, or
b) depicted on any Final Subdivision Plan approved hereunder, or
c) 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 and drainage facilities; erosion and sedimentation control measures; buildings; earth filling or removal, seeding and grading, the establishment or construction of parks, playgrounds, recreational buildings, equipment, structures, fields and similar facilities; and facilities designed to detain, redirect, store, or treat storm water discharge.
E. The subdivision is a re-subdivision of a parcel consisting of one or more lots previously included in an approved subdivision for which Open Space land was previously set aside and which is now subdivided into a new configuration of lots. Open Space reservation requirements of this Section 4-19 shall be applicable for any areas of land for which Open Space was not previously reserved or required. Such subdivision and prior dedication of or exemption from Open Space requirements shall be evidenced by such documents as the Commission may require to assure compliance with the intent of these Regulations.
ACCESSORY DWELLING UNIT : An "accessory dwelling unit" is a dwelling unit that is incorporated into and is an integral part of a principal single family detached dwelling but is accessory and subordinate in terms of size and location.
ACCESSORY WAREHOUSING AND STORAGE : "Accessory Warehousing and Storage" is the storage of goods in existing warehouse space designated for such purpose within a portion of an existing building, which interior space has become excess to the needs of the primary permitted uses in such building. "Accessory Warehousing and Storage" is not intended to be a principal, permitted use, except as an accommodation for the adaptive reuse of limited portions of existing warehouse space in sizable, existing buildings. "Accessory Warehousing and Storage" will require approval of a Certificate of Zoning Compliance by the Planning and Zoning Commission upon compliance with all of the following conditions:
a. the existing building must contain at least 100,000 square feet of gross floor area;
b. in no event shall the building be altered to increase the floor space used for such warehousing and storage;
c. not more than 50% of the total gross floor area of said existing building shall be so used for such accessory warehousing and storage not related to the primary permitted use;
d. the minimum floor area of any tenant space so utilized shall be not less than 35,000 square feet;
e. any exterior alteration of the existing building to accommodate such use shall be subject to the submission and approval of a site plan pursuant to SECTION 3 1; and
f. the use of any such space shall be on a tenancy basis and no public warehouse operation as defined in Sec. 41-1 C.G.S. shall be permitted.
AMUSEMENT CENTER : The term "amusement center" shall include any location or establishment which houses three (3) or more mechanical and/or electronic amusement devices.
MECHANICAL AND/OR ELECTRONIC AMUSEMENT DEVICE any machine or device which, upon the insertion of a coin, slug or token or upon payment of a charge, is operated to register a score or tally of any kind or permits a certain amount of "play" for entertainment or score and which shall include but not be strictly limited to such devices as pin-ball or pin-game machines, shuffleboard devices, video and TV-like devices and electronic games.
ANTENNA : A device used to transmit or receive telecommunications or radio signals. Examples include panels, microwave dishes and single pole devices known as whips.
ANTENNA HEIGHT : The vertical distance measured from the base of the antenna support structure at grade to the highest point of the structure. If the support structure is on a sloped grade, then the average between the highest and lowest grade shall be used in calculating the antenna height.
CELL SITE : The equipment and structures involved in receiving telecommunications or radio signals from a mobile radio communication source and transmitting those signals to another cell site or to a central switching computer which connects the mobile unit with land-based telephone lines.
CELL SITE TOWER : A structure that is intended to support equipment used to transmit and/or receive cellular or personal communications services ("PCS") telecommunications signals. Examples include monopoles and lattice construction steel structures.
CO-LOCATED CELL SITES : Cell sites which utilize existing towers, buildings or other structures for the placement of antennas and do not require the construction of a new tower. Any proposed cell site which utilizes a stub tower or other accessory support structure and exceeds the height of the existing structure by more than twenty (20) feet shall not be considered a Co-Located Cell Site and shall be subject to the standards and provisions of SECTION 48.
DWELLING : A "dwelling" is a building containing one or more "dwelling units". One or more buildings may be considered to be a dwelling if designed for occupancy, and so occupied, by only one (1) "family".
DWELLING UNIT : A "dwelling unit" is a building or a part of a building designed for occupancy, and so occupied, by one (1) "family". Accommodations occupied for transient lodging in a hotel or motel shall not be considered to be a dwelling unit.
ONE BEDROOM DWELLING UNIT : A "one bedroom dwelling unit" is a "dwelling unit" in a "Dwelling" containing four (4) or more "dwelling units" and having only one (1) room exclusive of one (1) bedroom, exclusive of bathroom, kitchen, laundry, pantry, foyer, communicating corridors or closets and exclusive of any dining alcove with less than 70 square feet of floor area.
EFFICIENCY DWELLING UNIT : An "efficiency dwelling unit" is a "dwelling unit" in a "dwelling" containing four (4) or more "dwelling units" and having only one (1) room, exclusive of bathroom, kitchen, pantry, communicating corridors or closets and exclusive of any dining alcove with less than 70 square feet of floor area.
ELDERLY DWELLING UNIT : An "elderly dwelling unit" is a "dwelling unit" in a "dwelling" containing four (4) or more "dwelling units", that is specifically designed for and occupied by retired, elderly persons 62 years of age or older, or handicapped or physically disabled as defined under Federal Laws.
FAMILY : A "family" is a person or a group of related persons, plus guests and domestic servants thereof, or a group of not more than six (6) persons who need not be so related, who are living as a single housekeeping unit maintaining a common household. A roomer or boarder to whom rooms are let and/or board is furnished as permitted by these Regulations shall not be considered a member of a "family" for the purpose of this definition.
FITNESS CENTER - FULL SERVICE : is defined to mean a fitness center serving the general public whether on a daily basis or by membership and providing a range of services including body building equipment, aerobic dancing, aerobic machinery, free weights, tanning booths, sauna rooms, steam booths, and child care services. Such centers may also include a refreshment area serving non-alcoholic health drinks and related health foods, retail sale of nutritional supplements, gym clothing and various gym gear. A "massage establishment" as defined in the Shelton City Ordinance shall not be considered a fitness center as herein described, and engaging in the practice of massage, if included, must be clearly accessory to and an insignificant component of the fitness center.
FITNESS CENTER - ACCESSORY USE : is defined to mean a fitness center restricted to serving only the needs of persons employed at the office building, complex or industrial facility wherein it is situated and providing an appropriate range of services from an exercise room to a fully equipped and staffed center.
FLOOR AREA, DWELLINGS : In determining compliance with minimum floor area requirements for "dwellings" and "dwelling units" and compliance with maximum floor area requirements for an office in a "dwelling unit" or a customary home occupation in a "Dwelling unit," only finished livable floor area having a ceiling height of at least seven (7) feet two (2) inches shall be counted and shall exclude garages, terraces, outside vestibules, bay windows, any basement rooms the full walls of which are not above ground level, utility rooms for heating apparatus, attics, open porches, enclosed porches not heated by a central heating system for the "dwelling" and hallways and other space designed for common use by occupants of two (2) or more "dwelling units'. Measurements of floor area for any "dwelling" or "dwelling unit" shall be taken from the inside surfaces of exterior walls or partitions enclosing the floor area. In computing minimum floor area of a split level "dwelling," the upper two (2) levels shall contain the required minimum floor area. Any floor other than a ground floor must have access thereto by a permanent inside stairway to be included in computing floor area.
FLOOR AREA, MAXIMUS : In computing the total floor area of all buildings and other structures on any lot to determine compliance with maximum floor area provisions of Paragraph 24.5 and SCHEDULE B, measurements of floor area shall be taken to the outside surfaces of exterior walls enclosing the floor area.
HEIGHT : The height of a building or other structure shall be measured from the average ground level within 10 feet of the building or other structure to the level of the highest main roof. The provisions of these Regulations pertaining to maximum height shall not apply to spires, towers, silos, chimneys and flagpoles, also such features as tanks, elevator heating, ventilation, air-conditioning and similar equipment when located on the roof of a building and not occupying more than 20% of the area of the roof. Not withstanding the above, the maximum height of Cell Site Towers and other communications facilities shall not exceed 100 feet in any residence district and 150 feet in any non-residence district, except as may be modified in accordance with Paragraph 48.5.5.
HIGH TRAFFIC-ACTIVITY GENERATOR : High traffic-activity generators include, but are not limited to, gas stations, convenience stores, grocery stores and any food service establishment whose principal business is the sale of foods and beverages in a ready-to consume state at a counter for consumption at the restaurant or for take-out, as well as any use which generates more than ten (10) trips per 1,000 square feet of floor area at peak hour (per the latest edition of the Institute of Transportation Engineers Trip Generation reference).
JUNK YARD : The term "junk yard" shall be construed to include any "junk yard," "motor vehicle junk business" and "motor vehicle junk yard" as defined in the General Statutes of the State of Connecticut. The term shall also include any place of storage or deposit, whether in connection with a business or not, for one or more used motor vehicles which are either no longer intended or in condition for legal use on the public highways and shall also include any place of storage or deposit of used parts of motor vehicles and old metals, iron, glass, paper, cordage and other waste materials which on any lot have an aggregate bulk equal to one automobile. In Residence Districts the term shall also include both the outside storage of unregistered motor vehicles for periods longer than 30 days and the outside storage or deposit of parts or bodies of motor vehicles, each in such a manner as to be visible from any street or any other lot.
KENNEL : The term "kennel" shall have the same meaning as defined in the General Statutes of the State of Connecticut as amended from time to time.
COMMERCIAL KENNEL : The term "commercial kennel" shall have the same meaning as defined in the General Statutes of the State of Connecticut as amended from time to time.
LIMITED BUSINESS OFFICE : A "Limited Business Office' is an activity, other than a professional office, conducted for gain and primarily rendering services to customers and clients not on the premises, but to which the public is sometimes invited or expected to visit in the conduct of the activity. The term may include, but is not limited to, real estate offices, accounting offices, insurance offices, travel agencies, stock brokerage firms, employee placement services, data processing firms and other similar service occupations.
LOT - A "lot' is defined as:
(1) a parcel of land meeting the requirements of these Regulations;
(2) a parcel of land which is owned separately from any adjoining lot or lots as evidenced by deed or deeds recorded in the land records of the City of Shelton; or
(3) a building lot shown on a subdivision map approved by the Planning and Zoning Commission.
LOT, CORNER : A "corner lot" is a "lot" having lot lines formed by the intersection of two streets, whether public or private, and where the interior angle of such intersection is less than 135 degrees. A "lot" fronting on a curved street shall also be considered a 'corner lot" if the central angle of the curve is less than 135 degrees.
LOT, INTERIOR : An "interior lot" is a "lot" which has less than the required minimum frontage on a street as required by SCHEDULE B of these Regulations but which complies with the provisions of SECTION 24, Paragraph 24.11.
LOT AREA AND SHAPE : In determining compliance with minimum lot area and shape requirements of these Regulations, land subject to easements for drainage facilities and underground public utilities may be included, but no easement for above ground public utility transmission lines or any part of a public or private street nor any easement which grants exclusive surface use of the property to anyone other than the owner may be included. Each lot shall contain an area of contiguous buildable land, exclusive of steep slope areas, wetlands watercourses, ponds, lakes or marsh, that equals or exceeds the lot area requirement of the district in which it is located, or 40,000 square feet, whichever is less. Such excluded areas may be used for compliance with that portion in excess of 40,000 square feet. "Steep slope area" is defined to be any area having a horizontal width of 50 feet or more with a grade of more than 25%, measured 90 degrees to contours having an interval of not more than two (2) feet.
Said 40,000 square foot minimum area may be reduced to 30,000 square feet if all of the following criteria are satisfied:
a. The lot is served either by public water or municipal sanitary sewers.
b. The 30,000 square feet of contiguous buildable land is appropriately proportioned for siting a structure, required parking, and other normal requirements for the uses allowed in the zone; and
c. Access to such buildable area can be accomplished without traversing a steep slope area; and
d. If the only feasible access to such buildable area requires crossing an inland wetland, such crossing must have the prior approval of the Shelton Inland Wetlands Commission; and
e. Allowing such reduction will not be detrimental to wetlands, watercourses and/or other valuable natural features.
Land in two or more Zoning Districts may be used to satisfy a minimum lot area requirement provided that the requirement of the District requiring the largest lot area is met, but no land in a Residence District shall be used to satisfy a lot area requirement in any other District.
OFF-STREET PARKING AND LOADING SPACE : See Paragraph 42.2 of SECTION 42.
PROPERTY LINE, REAR : A "rear property line" is any property line which is parallel to or within 45 degrees of being parallel to a street line, except for a lot line that is itself a street line, and except that in the case of a "corner lot", only one lot line shall be considered a rear property line.
PROPERTY LINE, SIDE : A "side property line" is any property line which is not a "rear" property line" or a " street Line".
SELF - STORAGE FACILITY : A self-storage facility is defined to mean a facility that offers individually-accessed, mini warehouse/storage units for rent or lease to the general public for the storage of personal and household effects and for the dry storage of office or business effects or products. Such effects or products shall specifically exclude the storage of any materials or waste products deemed hazardous (See 23.2.3). All such individual units shall be accessed only from interior, common hallways. Access to said common hallways shall be provided with electronic monitoring and on-site management during normal hours of operation.
SIGNS : See Paragraph 44.2 of SECTION 44.
STORY : A "story" is that portion of a building between the surface or any floor and the surface of the floor, ceiling or roof next above. Attics not used for human occupancy shall not be considered a story. When the ceiling of a basement is five (5) feet or more above the average ground level within 10 feet of the building, the basement shall be considered a "story".
STREET : A "street" shall mean any City or State Highway, except limited access State Highway, or any street shown on a subdivision map approved by the Planning and Zoning Commission and filed in the land records of the City of Shelton. In determining compliance with minimum frontage on a "street" for a lot located in Industrial Districts or Light Industrial Park Districts, a "street" shall also mean a private street, right-of-way or easement of vehicular access, 50 feet or more in width, approved by the Planning and Zoning Commission and shown on a map filed in the land records of the City of Shelton.
STREET LINE : The term "street line" shall mean the right-of-way easement or taking line or any public or private street, except limited access State Highway, or of any easement of vehicular access or private right-of-way 25 feet or more in width.
STREET, WIDTH : The "width" of a street shall mean the distance between the right-of-way easement or taking line of any public or private street, easement of vehicular access or private right-of-way.
TELECOMMUNICATIONS FACILITY : The antennas, telecommunications equipment, communications towers and/or other support structures used together in connection with the provision of wireless communications service. These services may include, but are not limited to, cellular communications, personal communications services and paging.
TRAILER : The term "trailer' shall include mobile home and shall also include any vehicle which is used, or suitable for use, as a dwelling, and which is or may be mounted on wheels and which is or may be propelled either by its own power or by another power driven vehicle to which it may be attached.
TRAILER PARK : The term "trailer park" shall. mean any "lot" or adjoining "lots" where land is rented, leased or made available or occupancy by two (2) or more "trailers".
SWIMMING POOL : A swimming pool, above ground or below ground with a gross water surface area of greater than 80 square feet shall, for the purposes of these Regulations, be considered a structure and an accessory use, and shall be subject to the setback standards of SCHEDULE B of the respective zone in which said swimming pool is located. A Certificate of Zoning Compliance shall be required prior to the establishment of the above mentioned use.
CERTIFICATION : means a signed written approval by the Shelton Planning and Zoning Commission or its designated agent that a soil erosion and sediment control plan complies with the applicable requirements of these regulations.
COMMISSION : means the Planning & Zoning Commission of the City of Shelton, Conn..
COUNTY SOIL AND WATER CONSERVATION DISTRICT : means the Fairfield County Soil and Water Conservation District established under subsection (a) of Section 22a-315 of the General Statutes.
DEVELOPMENT : means any construction or grading activities to improved or unimproved real estate.
DISTURBED AREA : means an area where the ground cover is destroyed or removed leaving the land subject to accelerated erosion.
EROSION : means the detachment and movement of soil or rock fragments by water, wind, ice or gravity.
GRADING : means any excavating, grubbing, filling (including hydraulic fill) or stockpiling of earth materials or any combination.
INSPECTION : means the periodic review of sediment and erosion control measures shown on the certified plan.
SEDIMENT : means solid material, either mineral or organic, that is in suspension, is transported, or has been moved from its site of origin by erosion.
SOIL : means any unconsolidated mineral or organic material of any origin.
SOIL EROSION AND SEDIMENT CONTROL PLAN : means a scheme that minimizes soil erosion and sedimentation resulting from development and includes, but is not limited to, a map and narrative.
ADULT ENTERTAINMENT BUSINESS : A public or private establishment which is customarily not open to the general public but only to one or more classes of the public, thereby excluding any minor by reason of age, and whose principal activity includes but is not limited to one or a combination of the following types of businesses: adult book store, adult motion picture theater, adult mini-motion picture theater, adult cabaret, adult novelty business, adult personal service business.
ACCESSORY ADULT USE : An establishment, other than an adult personal service establishment, having less than ten (10) percent of its stock in trade in books, magazines, video tapes, adult materials and devices used for sexual stimulation or display films for sale, barter or rent or for viewing on premises by use of motion picture devices or any other coin operated means and other printed materials which are distinguished or characterized by their emphasis on matters depicting or relating to "Specified Sexual Activities" or "Specific Anatomical Areas". Any such accessory adult use shall be enclosed and controlled so as to restrict exposure and entry to exclude any minor by reason of age. All adult personal service establishments and activities shall be deemed to be a principal activity.
ADULT BOOK STORE : An establishment having ten (10) percent or more of its stock in trade in books, magazines, video tapes, adult materials and devices used for sexual stimulation or display films for sale or rent or for viewing on premises by use of motion picture devices or any other coin operated means and other printed materials and other periodicals which are distinguished or characterized by their emphasis on matters depicting or relating to "Specified Sexual Activities" or "Specific Anatomical Areas".
ADULT VIDEO STORE : An establishment having ten (10) percent or more of its stock in trade, video tapes or films for sale or rent or for viewing on premises by use of motion picture devices or any other coin operated means, and other printed materials and other periodicals which are distinguished or characterized by their emphasis on matters depicting or relating to "Specified Sexual Activities" or "Specific Anatomical Areas".
ADULT MOTION PICTURE THEATER . An enclosed building with a capacity of 50 or more persons used regularly and routinely for presenting motion picture films, video cassettes, cable television, or any other such visual media, distinguished or characterized by an emphasis on matters depicting, describing or relating to "Specified Sexual Activities" or "Specific Anatomical Areas" for observation by patrons therein and from which minors are excluded by virtue of age.
ADULT MINI-MOTION PICTURE THEATER . An enclosed building with a capacity of less than 50 persons used regularly and routinely for presenting materials having as a dominant theme material distinguished or characterized by an emphasis on matters depicting, describing or relating to "Specified Sexual Activities" or "Specific Anatomical Areas" for observation by patrons therein and from which minors are excluded by virtue of age.
ADULT CABARET - A public or private establishment which is licensed to serve food and/or alcoholic beverages, which features nude or partially nude dancers, go-go dancers, exotic dancers, strippers, male or female impersonators, or similar entertainers, or acts relating to "Specified Sexual Activities' or "Specific Anatomical Areas" for observation by patrons therein and from which minors are excluded by virtue of age.
ADULT NOVELTY BUSINESS : An establishment having ten (10) percent or more of its stock in trade in adult materials, toys and other devices designed for sexual stimulation and which excludes minors by virtue of age.
ADULT PERSONAL SERVICE ESTABLISHMENTS : An establishment, club, or business by whatever name designated which offers or advertises or is equipped or arranged so as to allow a person while clothed, nude or partially nude to provide personal services for a person of the same or other sex on an individual basis in an open or closed room and which excludes minors by virtue of age. Such services or activities include but are not limited to massages, body rubs, alcohol rubs, baths and other similar treatments, as well as modeling studios, body painting studios, "tattoo" parlors, body piercing studios, wrestling studios, individual theatrical performances.
PARTIALLY NUDE : Means having any part of "Specified Anatomical Areas" less than completely and opaquely covered.
PRINCIPAL ACTIVITY : Means a use accounting for ten (10) percent or more of a business stock in trade, display space, or floor space, or movie display time per month.
SPECIFIED SEXUAL ACTIVITIES :
1) Human genitals in a state of sexual stimulation or arousal;
2) Sex acts, normal or perverted, actual or simulated; and
3) Fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breast.
SPECIFIED ANATOMICAL AREAS :
1) Less than completely and opaquely covered human genitals, pubic region, cleft of buttocks, and female breast below a point immediately above the top of the areola; and
2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
ACT : means the Inland Wetlands and Watercourses Act, Section 22a-36 through 22a-45 of the general Statutes, as amended.
AGENCY : means the Shelton Inland Wetlands Commission.
AQUIC : refers to a type of soil moisture regime that is characterized by depletion of dissolved oxygen resulting from a saturated condition.
BOG : means a poorly drained area containing an accumulation of organic material or peat and characterized by an association of plants recognized as bog species. These areas contain evergreen trees and specific shrubs, poor drainage and highly acidic conditions. Examples of bog species arc listed in the booklet entitled Inland Wetland Plants of Connecticut, (May 1973), W. A. Niering and R. H. Goodwin, The Connecticut Arboretum, Connecticut College, New London, CT.
CLEAR-CUTTING : means the harvest of most timber in excess of a 2" diameter breast height or vegetation in a fashion which significantly changes the natural or indigenous character of the regulated area.
COMMISSION : means the Shelton Inland Wetlands Commission.
COMMISSION MEMBER : means a member of the Shelton Inland Wetlands Commission.
COMMISSIONER OF ENVIRONMENTAL PROTECTION : means the Commissioner of the State of Connecticut Department of Environmental Protection.
DEPOSIT : includes, but shall not be limited to fill, grade, dump, place, discharge, or emit.
DESIGNATED AGENT7 : means an individual designated by the Agency to carry out its functions and purposes.
DISCHARGE : means emission of any water, substance, or material into wetlands or watercourses whether or not such substance causes pollution.
DISTURBING THE NATURAL AND INDIGENOUS CHARACTER OF THE LAND : means that the activity will significantly alter the inland wetland and watercourses by reason of removal or deposition of material, clear cutting, alteration or obstruction of water flow, or will result in the pollution of the wetland or watercourse.
FANNING : means use of land for the growing of crops, raising of livestock or other agricultural uses.
LICENSE : means the whole or any part of any permit, certificate of approval or similar form of permission which may be required of any person by the provisions of these regulations under the authority of the Inland Wetlands and Watercourses Act (PA 155, 1972) as amended.
MARSHES : are areas with soils that exhibit aquic moisture regimes that are distinguished by the absence of trees and shrubs and arc dominated by soft-stemmed herbaceous plants. The water table in marshes is at or above the surface throughout the year, but seasonal fluctuations are encountered and areas of open water six inches or more in depth are common. Typical examples of marsh species are listed in the booklet entitles Inland Wetland Plants of Connecticut, (May 1973) W. A. Niering and R. H. Goodwin, The Connecticut Arboretum, Connecticut College, New London, CT.
MATERIAL : means any substances, solid or liquid, organic or inorganic, including, but not limited to: aggregate, land, gravel, clay, bog, peat, mud, debris, soil, sediment, stump, refuse, or waste.
MUNICIPALITY : means the City of Shelton, Fairfield County Connecticut.
NURSERIES : means land used for propagating trees, shrubs or other plants for transplanting, sale, or for use as stock for grafting.
PERMIT : means the whole or any part of any license, certificate or approval or similar form of permission which may be required of any person by the provisions of these regulations under the authority of the Inland Wetlands Act (PA 155, 1972) as amended.
PERMITTEE : means the person to whom such permit has been issued.
PERSON : means any person, firm, partnership, association, corporation, company, organization, or legal entity of any kind, including municipal corporations, governmental agencies or subdivisions thereof.
POLLUTION : means harmful thermal effect or the contamination or rendering unclean or impure of and waters of the City of Shelton 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 resulting from any filling or excavation activity.
PUBLIC WATER SUPPLY WATERSHED : refers to the land area which drains surface water into a body of water which may be used for public water supplies. Those areas delineated in the DEP Bulletin No. 4 Atlas of the Public Water Supply Source and Drainage Basins June 1982.
REGULATED ACTIVITY : means any operation within, affecting or use of a wetland or watercourse involving removal or deposition of material, or any obstruction, construction, alteration or pollution of such wetlands or watercourses. Additionally, the activities our lined in Appendix A, 1 through 4, shall be regulated activities when occurring within the distances specified for each activity. Exceptions are specified in Section 4 of these Regulations.
REGULATED AREA : means any existing or future inland wetlands watercourses not all of which may be specifically delineated on the map entitled "Inland Wetlands and Watercourses of the City of Shelton". Due to imperfections in printing and map scale this wording acknowledges the technical problems encountered in the blue print reproduction process as well as the impracticability of depicting minute detail on a map with a scale of 1" = 400". The reference to existing and future watercourses acknowledges that the fact that a watercourses can be used and is created every time a stream is diverted or when a storm water detention basin is constructed, A storm sewer diversion beneath a road would exist as a watercourse but would be impossible to depict graphically on the wetland maps due to scale.
REMOVE : includes, but shall not be limited to, drain, excavate, mine, dig, dredge, suck, grub, clear-cutting, bulldoze, dragline, or blast.
RENDERING UNCLEAN OR IMPURE : means any alteration of the physical, chemical, or biological properties of waters of the city, including, but not limited to, change in odor, color, turbidity, taste, or excessive salt.
SIGNIFICANT ACTIVITY : means any activity, including, but not limited to, the following activities which may have a major effect or significant impact on the area for which an application has been filed or on another part of the inland wetlands or watercourse system:
1. Any activity involving a 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 wetlands or watercourse system, or
2. Any activity which substantially changes the natural channel or may inhibit the natural dynamics of a watercourse, or
3. Any activity which substantially diminishes the natural capacity of an Wand wetland or watercourse to support desirable fisheries, wildlife, or other biological life, prevent flooding, supply water, assimilate waste, facilitate drainage, provide recreation or open space or other functions, or
4. Any activity which causes substantial diminution of flow of natural watercourse, or ground water levels of the regulated are, or
5. Any activity which causes a substantial turbidity, siltation or sedimentation in a wetland or watercourse, or
6. Any activity which causes or has the potential to cause pollution of a wetland or watercourse, or
7. Any activity which destroys unique wetland or watercourse area having demonstrable scientific or educational value.
SOIL SCIENTIST : means an individual duly qualified in accordance with standards set by the Office of Personnel Management (formerly the U.S. Civil Service Commission ).
SWAMPS : are areas with water table at or near the surface of the ground throughout most of the year and containing vegetation dominated by association of trees and/or shrubs recognized as swamp species. Typical examples of swamp species are fisted in the booklet entitled Inland Wetland Plants of Connecticut, (May 1973), W.A. Niering and R.H. Goodwin, the Connecticut Arboretum, Connecticut College, New London, CT.
CITY : means the City of Shelton, Fairfield County in the state of Connecticut,
WASTE : means sewage or any substance, liquid, gaseous, solid or radioactive, which may pollute or tend to pollute any of the waters of the City.
WATERCOURSE : 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 City or any portion thereof not regulated pursuant to Sec 22a-28 through 22a-35 of the General Statutes, as amended.
WETLANDS : means land, including submerged land as defined in section 2.2ee of these regulations, not regulated pursuant to Section 22a-28 through 22a-35, inclusive, of the Connecticut General Statutes, which consist of any of the soil types designated as poorly drained, very poorly drained, alluvial and flood plain by the National Cooperative Soil Survey, as it may be amended from time to time, of the Soil Conservation Service of the U.S. Department of Agriculture (USDA). such areas may include filled, graded, or excavated sites which possess an aquic soil moisture regime as defined by the USDA 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.