Ashford City Zoning Code
ARTICLE V
Application Process
§ 300-21 General provisions.
[Amended 5-10-2021; 8-12-2024]
A.
Pre-application discussion.
(1)
A pre-application discussion and/or review is optional but strongly recommended to facilitate general consideration of factors and issues before an applicant proceeds with the filing of a formal application and preparation of maps, plans and documents required for formal consideration by the Commission.
(2)
Neither the pre-application discussion nor the informal consideration/discussion by the Commission or its staff shall be binding on the Commission. Furthermore, neither the pre-application review nor discussion shall be deemed to constitute any portion of the official and formal procedure of applying for and receiving approval as contemplated herein or under any provision of the Connecticut General Statutes.
B.
Zoning compliance.
(1)
No building, structure or premises shall be used, and no building or structure or part thereof shall be erected, altered, enlarged or moved, except in conformity with the regulations herein specified for the zone in which it is located and until a permit for the proposed work or use has been issued by the Commission or its authorized agent.
(2)
It shall be the responsibility of the applicant to obtain all permits required by other agencies, if applicable, including other local authorities such as the Eastern Highlands Health District, the Inland Wetlands and Watercourses Commission, and any department or agency of the state or federal government. The applicant shall provide evidence of application to such agency or agencies, and no zoning permit shall be issued until evidence of application for all other permits has been submitted. The Commission may require evidence of approval from other authorities as a prerequisite when necessary to ensure compliance with these regulations prior to zoning approval, and failure to receive approval from other agencies may be grounds for denial of a zoning permit.
(3)
No change shall be made in the use of any building, structure or land until a permit for such change is issued by the Commission or its authorized agent.
(4)
No lot line shall be reconfigured or relocated (other than in connection with a subdivision application) until the Zoning Enforcement Officer has confirmed compliance with these regulations and the Eastern Highlands Health District has determined that a code-complying area exists on each lot affected by the reconfiguration for the installation of a subsurface sewage disposal system.
C.
Exemptions. The following structures shall not require the issuance of any permit under these regulations:
(1)
Fences, or walls used as fences, which are no more than six feet in height.
(2)
Mailboxes.
(3)
Production agriculture fencing.
D.
Administrative action.
(1)
The Zoning Enforcement Officer, acting on behalf of the Commission, may issue an administrative zoning permit for the following:
(a)
For an addition to an existing residential structure for any permitted use in any zone.
(b)
Change in use for permitted uses within any zone, provided change in use meets all applicable requirements.
(c)
Single- and two-family dwellings, live-work or accessory dwelling units..
(d)
Permitted accessory uses in the RA Zone or permitted accessory structures in any zone. However, the ZEO shall not approve a modification to a special permit.
(2)
The Zoning Enforcement Officer shall review the application to ensure compliance with the Zoning Regulations and shall issue a permit if all applicable requirements of these regulations have been met.
(a)
The Zoning Enforcement Officer may refer the application to other Town departments for review as necessary.
(b)
The Zoning Enforcement Officer may waive any part of the application requirements, if the Zoning Enforcement Officer determines the information is not necessary for determining conformity with these regulations.
(c)
The Zoning Enforcement Officer shall notify the applicant of the decision by certified mail.
§ 300-22 Zoning permit.
A.
Site plan submission.
(1)
Applications for a zoning permit shall require a site plan which shall be filed with the Commission on a form provided by the Commission. If the applicant is not the owner of the property on which the activity is proposed the application shall contain a written statement by the owner of the property authorizing the applicant to apply as agent for the owner. The application shall also contain a written statement by the owner or his/her authorized agent giving consent for the Commission or its agent to inspect the property.
(2)
Applications for a zoning permit must include three full-size copies (24 inches by 36 inches), 12 reduced-size copies (11 inches by 17 inches), and one PDF electronic copy of a site plan, signed and sealed by a professional land surveyor and a professional civil engineer, each licensed to practice in the State of Connecticut, at a scale of at least one inch equal to 40 feet, showing the following information:
(a)
The direction of true North; North arrow shall be oriented toward the top of the page.
(b)
The zoning classification of the lot.
(c)
The actual shape and dimensions of the lot, exclusive of any road or street rights-of-way, to be used; provided, however, that if the lot is substantially larger than the area to be developed, the Commission may allow the applicant to submit a site plan showing the lot in an inset map at a different scale from the scale of the remainder of the site plan.
(d)
The exact size and location on the lot of existing and proposed buildings and structures.
(e)
The location of any parking and loading areas, outside storage areas and/or trash disposal areas, with proposed screening.
(f)
The location of any required setback and yard lines and landscaped buffer areas.
(g)
A table showing the dimensional standards, frontage and setback requirements and any floor area/height requirements for the zone in which the lot is located as compared to the standards for the proposed building, structure and/or use.
(h)
The names of all owners of record of any land abutting the lot to which the zoning permit would apply.
(i)
The location and name of any Town or state street, road or highway which passes through or adjoins the lot or, if no such street, road or highway passes through or adjoins the lot, the entire route of vehicular access to the lot from such a street, road or highway.
(j)
The locations and numbers of any utility poles within 100 feet of the lot or, if there are no such utility poles, the location and number of the utility poles nearest to the lot.
(k)
The location of any existing or proposed driveway, curbs and curb cuts.
(l)
The location of any existing or proposed wells and sewage disposal facilities (including principal and reserve leaching areas) showing precise minimum distances among the wells, sewage disposal facilities, buildings, structures, driveways and parking areas.
(m)
The location of the required minimum lot area.
(n)
The location of all water bodies, watercourses and wetlands on the lot, as determined by a soil scientist licensed in the State of Connecticut.
(o)
Existing and proposed (finished grade) contour lines at an interval of two feet in the required lot area, where detail is required, and no more than 10 feet over the entire site plan or so much thereof as the Commission may prescribe.
(p)
The location of any area(s) subject to flooding during a 100-year flood, as shown on the most recent Flood Insurance Rate Map published by the Federal Emergency Management Agency, including any zone designated by the letter "A" followed by another letter or a number on the Federal Emergency Management Agency Flood Insurance Rate Maps (FIRMs) for the Town of Ashford, Connecticut (Community No. 090165), dated June 18, 2010, as they may be amended from time to time. If the FIRMs are amended after the effective date of these regulations, the floodplains zone shall conform to the delineation on the amended FIRMs of all areas subject to flooding during the 100-year flood. If there are any differences between the 100-year flood areas delineated on the FIRMs and the floodplain zone as delineated on the Zoning Map promulgated under these regulations, the delineation on the FIRMs shall control.
[Amended 5-10-2021]
(q)
An A-2 Survey prepared by an engineer or land surveyor licensed to practice in the State of Connecticut.
(r)
Specifications and such other information as may be required by the Commission or its agent to determine that the proposed building or structure complies with all local and state codes and ordinances, including any applicable design guidelines, including but not limited to illumination, signs, and architectural style.
(s)
Landscape plan, in accordance with § 300-23C(1), (2) and (3), for nonresidential uses.
[Amended 5-10-2021]
(t)
The location and a description of any proposed surface or subsurface drainage improvements, facilities or structures, including stormwater drainage calculations.
(u)
The location of soil test pits and test borings and a description of the soils encountered in such pits or borings.
(v)
Location of any historical or archaeological sites identified by the Connecticut State Historic Preservation Office.
(w)
A lighting plan for nonresidential and multifamily uses.
(x)
Location and details of any proposed signage.
(y)
Statement of proposed use, including a brief statement indicating the traffic impact of the proposed development.
B.
Waiver of certain requirements for zoning permits.
(1)
The Commission may waive, by two-thirds vote, any of the submission requirements relating to the site plan specified in Subsection A if, and only if, the Commission determines that the requirements sought to be waived are not reasonably necessary to a proper disposition of the application.
(2)
The applicant shall file a written request to the Commission seeking a waiver of such submission requirements.
C.
Rendering the decision.
(1)
All applications for a zoning permit shall be reviewed and acted upon in accordance with the time limits prescribed in Connecticut General Statutes § 8-7d, as may be amended from time to time.
(2)
The Commission may deny or approve the application as submitted, modify and approve the application, or approve the application with conditions. A decision to deny or modify an application shall set forth the reasons for such denial or modification. The Commission may attach such conditions as it reasonably deems necessary to assure that any proposed building, structure or use will:
(a)
Conform to the standards and limitations set forth in these regulations;
(b)
Protect the rights of individuals and the health, safety, welfare and convenience of local residents and the community;
(c)
Protect local property values;
(d)
Meet the specific standards set forth in this article of these regulations; and
(e)
Abide by the vision of the Ashford Plan of Conservation and Development.
(3)
A copy of any decision on an application shall be sent by the Commission by certified mail to the applicant within 15 days after such decision is rendered.
D.
Final approval.
(1)
The approved site plan, incorporating any modifications or conditions required by the Commission, and containing a copy of the Commission's approval letter, shall be printed upon Mylar (or similar) and two sets thereof shall be submitted to the Commission.
(2)
The Commission shall stamp or mark the Mylars, certifying its approval of the site plan. The certificate of approval shall state that the approval will automatically expire five years from the date of approval and shall specify such expiration date. The Commission shall issue no zoning permit until the final approved plan has been certified by the Commission. Within 65 days of the date of the approval, the applicant shall file one Mylar copy of the approved plan and certificate of approval in the office of the Ashford Town Clerk and shall pay all required filing fees. The other Mylar copy shall be retained in the Ashford Land Use Office. No zoning permit issued in connection with an application shall be effective until the approved plan and certificate of approval have been filed in the office of the Ashford Town Clerk. For good cause shown, the Commission may extend the time for filing the approved site plan. If an approved plan is not filed within such sixty-five-day period or within any period of extension, the approval shall be void.
§ 300-23 Special permits.
A.
Statement of purpose. The purpose of the special permit regulations is to provide a comprehensive review of the proposed plan for the layout of the building(s), structure(s) or use(s) in relationship to the topographical, geological and other natural features of the land, and of the impact of the use(s) upon the environment, health, safety, welfare and convenience of the members of the community consistent with the Town Plan of Conservation and Development. It is intended to ensure that the design and layout of the site and the proposed use(s) will constitute suitable and appropriate development in character with the neighborhood and will not result in a decrease in property values or a detriment to the present and potential use of the area in which it is to be located. Special permit procedures are also intended to assure that proposed buildings, structures and uses will provide for the maintenance of air, surface water and groundwater quality and will not be detrimental to existing sources of potable water or other natural or historic resources.
B.
When required. A special permit must be issued by the Commission before any person may establish or change any land use, or use, erect, construct, move, enlarge, or alter any building or structure, in whole or in part, if the use, structure or building resulting from such activity is listed as a special permitted use under Article IV of these regulations for the zone in which it would be located. The issuance of a special permit fulfills the requirement for the issuance of a zoning permit.
C.
Standards for special permits. All buildings, structures and uses for which a special permit is required under these regulations must meet the applicable standards set forth throughout these regulations, including but not limited to the following standards:
(1)
Preservation of landscape. The landscape shall be preserved in its natural state insofar as practicable by minimizing grading and the removal of vegetation and soil. Where vegetative cover does not exist or has been removed, new plantings may be required. Finished site contours shall depart only minimally from the character of the natural site and the surrounding properties.
(2)
Relation of buildings to environment. The proposed project or development shall be related harmoniously to the terrain and to the use, scale and siting of existing buildings in the vicinity of the site. All buildings and other structures shall be sited to minimize disruption of the topography. Strict attention shall be given to the proper functional, visual and spatial relationships of all structures, buildings, landscaped elements and paved areas.
(3)
Landscaped buffer areas. All buffered and/or screened areas, including setback areas (landscaped and usable), shall be so designed as to be consistent and compatible with abutting uses.
(4)
Circulation. With respect to vehicular and pedestrian circulation, including entrances, ramps, walkways, drives and parking, special attention shall be given to location and number of access points to the public streets, width of interior drives and access points, general interior circulation, separation of pedestrian and vehicular traffic, access to community or public facilities, and arrangement of parking areas that are safe and convenient and, insofar as practicable, do not detract from the use and enjoyment of proposed buildings and structures and the neighboring properties.
(5)
Surface water drainage. Special attention shall be given to proper surface drainage so that surface waters will not adversely affect neighboring properties or public storm drainage facilities, will not obstruct the flow of vehicular or pedestrian traffic, and will not create standing water in paved or pedestrian areas. All surface water drained from roofs, streets, parking lots and other impervious areas shall be disposed of in a safe and efficient manner that will not create problems of water runoff or erosion on the site or on neighboring sites or pollution of surface water or groundwater. Insofar as possible, natural drainage courses and swales shall be properly stabilized, and drainage impounding areas shall be utilized to dispose of water on the site through natural percolation to a degree equivalent to that prior to development. Also, appropriate erosion control measures shall be employed, including slope stabilization measures and the seeding of exposed areas to replace vegetative cover.
(6)
Groundwater recharge and quality preservation. Groundwater recharge shall be maximized, and groundwater quality shall be protected. Various techniques may be required to maximize recharge, such as perforated drainpipes, pervious pavement, reduction of structure area, or reduction of lot coverage. Where groundwater elevations are close to the surface, extra site grading precautions may be required to maintain the protective function of the overburden.
(7)
Utilities. The placement of electric, telephone, or other utility lines and equipment shall be underground. Such utilities shall be so located as to provide no adverse impact on groundwater levels and coordinated with other utilities.
(8)
Other site features. Exposed storage or utility areas, exposed machinery installations, and service areas shall be designed with screen plantings, fencing or other screening methods to be compatible with the environment and the surrounding properties.
(9)
Safety. All open and enclosed spaces shall be designed to facilitate evacuation and to maximize accessibility by fire, police and other emergency personnel and equipment.
(10)
Neighboring properties. The proposed use shall be of such location, size and character that, in general, it will be in harmony with the appropriate orderly development of the zone in which it is proposed to be situated and will not be detrimental to the orderly development of adjacent properties.
(11)
Natural, agricultural and historical resources. The proposed uses shall not unreasonably destroy, damage or threaten locally significant natural or historical resources.
D.
Applications.
(1)
All special permit applications shall require a public hearing.
(2)
Applications for a special permit shall be filed with the Commission on a form provided by the Commission. If the applicant is not the owner of the property on which the activity is proposed the application shall contain a written statement by the owner of the property authorizing the applicant to apply as agent for the owner. The application shall also contain a written statement by the owner or his/her authorized agent giving consent for the Commission or its agent to inspect the property.
(3)
Applications for a special permit must include three full-size copies (24 inches by 36 inches), 12 reduced-size copies (11 inches by 17 inches), and one PDF electronic copy of a site plan, signed and sealed by a professional land surveyor and a professional civil engineer, each licensed to practice in the State of Connecticut, at a scale of at least one inch equal to 40 feet, containing all information set forth in § 300-22A(2) above, and further containing the following information:
(a)
All the information specified for a zoning permit.
(b)
The nature and amount of any hazardous materials or wastes to be produced, used, stored or disposed of on the lot, and the manner in which such production, use, storage, removal or disposal will be carried out.
(c)
The names of all owners of record of property within 200 feet of the lot to which the special permit would apply.
(d)
The location and nature of any proposed landscaping, buffer areas or screening, and any existing or boundary stone walls.
(e)
The location of soil types and forested areas on the parcel.
(f)
The location and a description of any proposed surface or subsurface drainage improvements, facilities or structures.
(g)
Hydrological analyses of runoff and peak flows, both before and after development.
(h)
Depths to seasonal high groundwater levels and bedrock.
(i)
A list of other federal, state or municipal permits or licenses which the applicant will need to implement the uses applied for and the status of any applications for such permits or licenses.
(j)
Architectural drawings of any proposed buildings or structures.
(k)
A traffic report indicating existing traffic conditions at normal and peak travel times for, at a minimum, any street abutting or passing through the lot affected by the application, and also indicating the projected impact of the proposed use on such traffic conditions.
(l)
The schedule for any construction or other development activities, including but not limited to erection of or other work on any buildings or structures, grading, removal of vegetation, landscaping and drainage improvements.
(m)
Identification of wildlife habitats on and near the site and the impact of the proposed use on such habitats.
(n)
Identification of general vegetation types as listed on the state's Natural Data Diversity Database.
(o)
Identification of any species as listed on the state's Natural Data Diversity Database.
(p)
Other information the Commission deems necessary for the proper disposition of the application.
E.
Waiver of certain requirements for special permits.
(1)
The Commission may, by two-thirds vote of the Commission, waive any of the submission requirements relating to the special permit specified in Subsection D if, and only if, the Commission determines that the requirements sought to be waived are not reasonably necessary to a proper disposition of the application.
(2)
The applicant shall file a written request to the Commission seeking a waiver of such submission requirements.
F.
Criteria for evaluation. The Commission may, in appropriate cases and subject to appropriate modifications and conditions as provided herein, grant a special permit if it determines that:
(1)
The proposal is consistent with the Ashford Plan of Conservation and Development, as amended.
(2)
The application conforms in all respects to these regulations, unless a certified copy of a variance from any such provision is submitted with the application or the Zoning Enforcement Officer has issued a finding that the nonconformance is a legal, preexisting nonconformity as provided in § 300-10.
(3)
The parking and loading facilities are adequate and properly located, and the entrance and exit driveways are laid out to achieve reasonable convenience and safety of vehicular and pedestrian movement on the site.
(4)
The streets providing access to the site are adequate in width, grade, alignment and visibility and have adequate capacity for the additional traffic generated by the proposed use.
(5)
The application makes adequate provision for accessibility of emergency vehicles, e.g., police, fire and emergency transportation vehicles.
(6)
The water supply, sewage disposal and stormwater drainage shall conform to accepted engineering criteria and comply with all standards of the appropriate regulatory authorities, and that such utilities have, or can be improved by the developer to have, adequate capacity for the proposed use.
(7)
Adequate measures have been incorporated for the prevention of surface water and groundwater pollution, soil erosion and sedimentation, increased runoff, and changes in groundwater levels.
(8)
All measures addressing fire safety and police protection have been incorporated to the satisfaction of the Town Fire Marshal and Police Chief, as applicable.
(9)
The location, design, intensity, layout and operation of the proposed buildings, structures or uses will be in harmony with the orderly development of the area and compatible with other existing uses and will not hinder or discourage the appropriate use of adjoining property or diminish the value thereof.
(10)
The design elements of the proposed development are attractive and compatible with the style of other buildings in the immediate area and will not alter the essential characteristics of the area.
(11)
The proposed use will not have any detrimental effects upon the health, safety, welfare or property values of the community.
(12)
There shall be no adverse impact on existing or potential local water supplies and recharge areas.
(13)
Important natural, agricultural and historic resources have been adequately protected and/or preserved, or due consideration of preservation of the same has been demonstrated.
(14)
There shall be no adverse impact on wildlife and plant habitats.
G.
Rendering the decision.
(1)
A public hearing shall be held prior to issuing a decision on any special permit application. All applications for a special permit shall be reviewed and acted upon in accordance with the time limits prescribed in Connecticut General Statutes § 8-7d, as may be amended from time to time.
(2)
In accordance with the time limits found in § 8-7d of the Connecticut General Statutes, the Commission shall either approve the special permit and the site plan as submitted, approve the special permit and site plan with conditions or modifications, as provided under these regulations, or deny the special permit and site plan. The Commission shall state the reasons for its decision on its records.
(3)
The Commission may place on any special permit whatever conditions the Commission may reasonably deem necessary to assure that any proposed building, structure or use will conform to the standards and limitations set forth in these regulations; will protect the rights of individuals and the health, safety, welfare and convenience of local residents and the community; will protect local property values; and will meet the specific standards set forth in this article of these regulations.
(4)
The conditions may relate to, without limitation, the spatial design and layout of buildings, structures and uses; provisions for lighting, parking, loading, surface and subsurface drainage, sanitary facilities, waste disposal, vehicle and pedestrian circulation, landscaping, screening, and protection of the environment and of natural and historic resources; construction or other development schedules; and hours of operation of the proposed building, structure or use.
(5)
A copy of any decision on an application shall be sent by the Commission by certified mail to the applicant within 15 days after such decision is rendered.
H.
Filing and recording of special permits.
(1)
Any special permit issued under these regulations shall not become effective until the special permit is certified by the Commission and filed on the Ashford Land Records. The special permit shall contain a description of the premises to which it relates, specify the nature of the special permit and any modifications and/or conditions imposed by the Commission, state the regulation under which the special permit is issued, and state the names of all owners of record of the premises.
(2)
The applicant or record owner shall be responsible for filing and recording the special permit and shall pay all filing and recording fees.
(3)
In addition, the final approved site plan associated with the special permit shall be prepared and filed as provided in § 300-22D of these regulations.
§ 300-24 Amendment of permits and site plans.
Following the issuance of a zoning permit or special permit or the approval of a final site plan by the Commission, no changes or alterations may be made in such permit or site plan except by approval of the Commission upon written application as provided in these required regulations.
A.
If the Commission determines that the requested change or alteration is minor, it may issue an amended permit or approve an amended final site plan without the need for further procedures under these regulations. For the purposes of this section, "minor changes or alterations" shall not include any change of use or any alteration resulting in an increase or decrease in the dimensions of any building or structure, or the location of any building on a lot.
B.
If the Commission determines that the requested change or alteration is not minor, it shall direct the applicant to file a new application under these regulations and shall follow the procedures specified under this article for making a decision on such application.
§ 300-25 Amendment of regulations or Zoning Map.
A.
Amendment of regulations or map.
(1)
The following procedures shall be followed for any proposed amendment to the planning and zoning regulations or to zoning district boundaries:
(a)
In accordance with the provisions of § 8-3 of the Connecticut General Statutes, these regulations and/or the Zoning Map may be amended either on the initiative of the Commission or by petition from one or more property owners or residents of the Town of Ashford having standing to file such application.
(b)
Applications for zone change or zone text amendments shall be filed with the Commission on a form provided by the Commission. The application shall include all required application materials as provided below and shall only be received at a regular meeting of the Commission.
(c)
Once a petition has been received as complete, the Commission shall hold a public hearing within the limits prescribed in § 8-7d of the Connecticut General Statutes, complete its review and, within statutory time limitations, act upon the changes requested in such petition. The Commission shall approve such regulation or map change only by majority vote of the Commission. The Commission shall establish an effective date for approved changes to the Zoning Regulations or Zoning Map.
(d)
Upon receipt of an application to amend the Zoning Regulations and/or Zoning Map, the Commission may refer the application materials to Town staff members and/or consultants/experts that the Commission deems necessary or appropriate.
(2)
Application requirements. Petitions to amend the Zoning Regulations and/or Zoning Map shall, except as noted otherwise, include the following information:
(a)
A complete application form including the signatures of all petitioners and all subject property owners, along with the fee.
(b)
Statement of justification for the proposed regulation amendment or zoning district boundary change. Said statement should substantiate:
[1]
The compatibility of the proposal with respect to the Ashford Plan of Conservation and Development;
[2]
The reasons for the particular change(s); and
[3]
The effects such a change would have on the health, safety, welfare, and property values of Ashford residents.
(c)
Petitions for changes to the Zoning Regulations shall include the exact wording of all proposed amendments and article and section references. All applications to amend the Zoning Regulations should incorporate into the proposal all related sections of the regulations that must be modified to ensure consistency among the various regulatory provisions.
(d)
Petitions for changes to the Zoning Map shall include three full-size copies (24 inches by 36 inches), 12 reduced-size copies (11 inches by 17 inches), and one PDF electronic copy of a map prepared and appropriately signed and sealed by a land surveyor licensed to practice in the State of Connecticut, containing the following information:
[1]
For a rezoning involving 10 acres or less, said map shall be at a scale of one inch equals 100 feet or less.
[2]
For areas greater than 10 acres in size, the map shall be at a scale of one inch equals 200 feet or less.
[3]
For areas over 20 acres in size, the Planning and Zoning Commission may authorize an alternative scale provided the proposed area of rezoning and all properties within 500 feet of this area are clearly represented.
[4]
The zone change map shall be distinct from any site plan and shall include the following:
[a]
The area of the zone change and all area within 500 feet of the proposed rezoning.
[b]
Existing and proposed zoning district boundary lines.
[c]
Existing streets, rights-of-way, easements, watercourses, wetlands and flood hazard areas.
[d]
Existing property lines and the names and addresses of the current property owners within 500 feet of all property boundaries, as per the Ashford Assessor's records.
(e)
In situations where the mapping information required in Subsection A(2)(d) above cannot fit on one sheet of 24 inches by 36 inches, the application shall also include an additional sheet of 24 inches by 36 inches depicting all property within the area of the zone change and all property within 500 feet of the proposed rezoning.
B.
Criteria for evaluation. In considering any petition to amend the Zoning Regulations or revise the Zoning Map, the Planning and Zoning Commission shall determine that the applicant's proposal will promote the public's health, safety, property values and general welfare. Further, the Planning and Zoning Commission shall make the following findings:
(1)
The proposal is complete and contains all required application information.
(2)
The proposal is consistent with the goals, policies and recommendations contained within the Ashford Plan of Conservation and Development. This finding shall be stated on the record, pursuant to § 8-3(b) of the Connecticut General Statutes.
(3)
The proposal is consistent with the expression of regulatory intent and purpose contained in the provisions of Article I of these regulations and § 8-2 of the Connecticut General Statutes, as amended.
(4)
Any proposal to amend the Zoning Regulations is appropriately worded and legally sound and comprehensive and consistent with respect to other regulatory provisions.
(5)
Any proposal to revise the Zoning Map has comprehensively considered the size and physical characteristics of the subject area, the character and supply of land currently zoned in the subject classification, and the effect of the proposal on existing land uses in the surrounding area.
C.
Rendering the decision.
(1)
A public hearing shall be held on all applications to amend the regulations or Zoning Map. All applications shall be reviewed and acted upon in accordance with the time limits prescribed in Connecticut General Statutes § 8-7d, as may be amended from time to time.
(2)
Amendments to the Zoning Regulations or revisions to the Zoning Map shall be adopted by a majority vote of all the members of the Commission, except where a formal protest against a proposed revision to the Zoning Map is filed at or before a public hearing on the subject revision.
(3)
Such a protest must be appropriately signed by the owners of 20% or more of the area of the lots included in such proposed change or of the lots within 500 feet in all directions of the property included in the proposed change.
(4)
Where such a protest is appropriately filed, the proposed change shall not be adopted except by a vote of 2/3 of all the members of the Commission.
(5)
Anyone considering the filing of a formal protest against a proposed revision to the Zoning Map, as per the provisions of the Connecticut General Statutes and this section, is advised to contact the Ashford Land Use Office for assistance with respect to proper format and requirements.
[Amended 5-10-2021]
(6)
When approving an application to amend the regulations or Zoning Map, the Commission must establish an effective date for the approved change. The change shall become effective as such time as fixed by the Commission, provided that a copy of the change is filed with the Town Clerk and legal notice of the decision is published, as provided in § 300-27 below.
(7)
The Commission shall not be required to hear any petition or petitions relating to the same changes, or substantially the same changes, more than once in a period of 12 months.
§ 300-26 Fees.
A.
Reasonable fee schedule. Fees are required for zoning applications and shall be paid by the applicant upon submitting any application for any approval requested. No application shall be acted upon by the Commission until the appropriate fees are paid. Checks covering any required fees shall be made payable to "Town of Ashford." These fees may be modified from time to time by the Town. Check with the Zoning Enforcement Officer for current fee schedule.
[Amended 5-10-2021]
B.
Technical or professional consultant fee for land use applications. Applications involving land use applications may or may not require the need for review by outside consultants. The Planning and Zoning Commission, Zoning Board of Appeals and Inland Wetlands and Watercourses Commission are authorized pursuant to Chapter 173, Fees, Article II, Land Use Agency Fees, of the Town Code to retain such outside assistance and surcharge the applicant for all such expenses reasonably and necessarily incurred, as an additional fee.
[Amended 5-10-2021]
C.
Technical or professional consultant fee for large, complex land use applications.
(1)
Definitions. For purposes of Subsection C the following words, terms and phrases shall have the meanings ascribed to them in this subsection:
BIOMASS
A renewable energy source from living or recently living plant and animal materials which can be used as fuel.
BIOMEDICAL WASTE
Untreated solid waste generated during the administration of medical care or the performance of medical research involving humans or animals and which, because of its quantity, character or composition, has been determined by the Connecticut Department of Energy and Environmental Protection to require special handling, including infectious waste, pathological waste and chemotherapy waste, but excluding any solid waste which has been classified by the State Department of Energy and Environmental Protection as a hazardous waste pursuant to § 22a-115 of the Connecticut General Statutes or is a radioactive material regulated pursuant to § 22a-148 of the Connecticut General Statutes.
[Amended 5-10-2021]
BIOMEDICAL WASTE TREATMENT FACILITY
A solid waste facility capable of storing, treating or disposing of any amount of biomedical waste, excluding any facility where the only biomedical waste treated, stored or disposed of is biomedical waste generated at the site.
GEOTHERMAL
Energy sources from heat generated and stored in the earth.
INDUSTRIAL FACILITIES
A category of uses for businesses involving assembly, production, storing, transferring and disposal of goods or products, and which may also include associated facilities such as offices, maintenance facilities, and fuel pumps and both indoor and outdoor activities and storage of goods.
LARGE, COMPLEX LAND USE APPLICATION
An application proposing to develop industrial, solid waste processing, or utility-scale renewable energy facilities as defined herein.
PERSON
Any individual, firm, partnership, association, syndicate, company, trust, corporation, municipality, agency or political or administrative subdivision of the state, or other legal entity of any kind.
PUBLIC IMPROVEMENTS
Includes, but shall not be limited to, the construction of new roads to be constructed to standards approved by the Planning and Zoning Commission, whether such roads are to be privately owned or conveyed to the Town, improvements to existing roads, storm drainage facilities, water and sewer lines, the planting of trees or other landscaping and the installation of retaining walls or other structures.
RENEWAL ENERGY PROCESSES
Includes the following sources: biomass; geothermal; wind; solar; and fuel cells.
RESOURCE RECOVERY FACILITY
A facility utilizing processes aimed at reclaiming the material or energy values of solid waste.
SOLAR
The conversion of sunlight into electricity, either directly using photovoltaics (PV) or indirectly using concentrated solar power (CSP). Concentrated solar power (CSP) systems use lenses or mirrors and tracking systems to focus a large area of sunlight into a small beam.
SOLID WASTE
Unwanted or discarded materials, including solid, liquid, semisolid or contained gaseous material.
SOLID WASTE DISPOSAL AREA
The location utilized for ultimate disposal of wastes.
SOLID WASTE FACILITY
Any solid waste disposal area, volume reduction plant, or resource recovery facility or biomedical waste treatment facility operated by any municipal or regional authority or any person if such area, plant or facility handles more than five tons a year of solid waste or any amount of biomedical waste.
UTILITY-SCALE RENEWABLE ENERGY FACILITY
One which generates more renewable energy than can be used by the business where it is installed; feeds the power directly into the grid, supplying a utility with energy; and has a power purchase agreement (PPA) with a utility, guaranteeing a market for its energy for a fixed term of time. This definition does not apply to facilities using net metering or virtual net meter.
VOLUME REDUCTION PLANT
A plant designed primarily for the purpose of reducing the volume of solid waste which must finally be disposed of, including but not limited to incinerators, pulverizers, compactors, shredding and baling plants, transfer stations, and compost plants or other plants which accept and process refuse for recycling, reuse and resource recovery.
WIND
The use of air flow through wind turbines to mechanically power generators for electric power.
(2)
Fee process for application. When an application is filed with the Planning and Zoning Commission seeking a zone change, zoning approval, special permit or exception or site plan approval for construction of a large, complex land use facility, in addition to the application fees set forth in the fee schedule posted in the Land Use Office, the applicant shall pay a minimum fee of $50,000 but not less than 1% of the estimated cost of construction of the facility, including but not limited to all equipment therein and all site improvements thereon. The applicant shall provide upon the filing of the application a statement estimating the total cost of construction. Such estimate shall be subject to review by the Planning and Zoning Commission, its staff and agents. Payment shall be made to the Town in the form of a bank check or certified check.
[Amended 5-10-2021]
(3)
Use of fee. Upon receipt of the application fee for the facility, the Planning and Zoning Commission shall obtain the services of consultants to help review and evaluate the application. The Planning and Zoning Commission shall:
(a)
Refer its written proposal regarding the consultants it proposes to hire to the Board of Selectmen for a report. Failure of the Board of Selectmen to report within 10 days after the date of official submission of the proposal to it for a report shall be taken as approval of the proposal. In the case of disapproval of the proposal by the Board of Selectmen, the reasons for the disapproval shall be recorded and transmitted to the Planning and Zoning Commission. A proposal disapproved by the Board of Selectmen shall be adopted by the Planning and Zoning Commission only upon the favorable vote of not less than 2/3 of all members of the Planning and Zoning Commission.
(b)
Advise the applicant in writing of the consultants it proposes to hire and give the applicant 10 days from the date of notice to comment on the qualification of those consultants. Any decision of the Planning and Zoning Commission to hire a consultant will be final, regardless of the applicant's approval or disapproval. Each consultant shall advise the Planning and Zoning Commission of the effects the proposed facility might reasonably be expected to have upon the health, safety and welfare of the people of the Town, including but not limited to the effects that the proposed facility might reasonably be expected to have upon the subject property and neighboring properties, natural resources, groundwater, air quality, noise levels, volume of traffic and property values or such other considerations set forth in the scope of work of the consultant.
(c)
Draw upon the application fee to pay for the expenses of having consultants help review, evaluate or process the application.
(d)
Keep a separate account of its drawings from the facility application fee and shall periodically, but not less frequently than bimonthly, advise the applicant of its expenditures and of the balance remaining from the fee. In the event that additional funds are required to complete the review, the applicant will be notified and required to replenish the funds in increments of $25,000, which funds shall be used and accounted for as set forth in this section. Any portion of the application fee which the Planning and Zoning Commission does not expend for the purposes described in this section shall be refunded to the applicant without interest. The refund shall be made within 30 days of publication by the Planning and Zoning Commission of legal notice of a final decision. In the event that a court remands the application for further review which requires further consulting review, the applicant shall replenish the fund in an amount determined by the Planning and Zoning Commission. Any funds required by this section to replenish funding for consulting services must be paid within 10 days from the date of notice that additional fees are required.
(4)
Payment of application fees. All application fees, including sums required under Subsection C(2) of this section, shall be paid upon the filing of the application.
(5)
The failure to pay application fees required by these regulations shall render the application incomplete and subject it to immediate denial on that ground.
§ 300-27 Notices.
A.
Notice to Inland Wetlands and Watercourses Commission. If any application for a zoning permit or special permit involves an activity regulated pursuant to Connecticut General Statutes §§ 22a-36 to 22a-45, inclusive, the applicant shall submit an application to the Inland Wetlands and Watercourses Commission not later than the day the application is submitted for the zoning permit and/or special permit. The Commission shall not render a decision on the application until the Inland Wetlands and Watercourses Commission has submitted a report to the Commission with its final report. In making its decision, the Commission shall give due consideration to the report.
[Amended 5-10-2021]
B.
Notice to regional council of governments. The Commission shall send written notice of any application to change a zone, or change a regulation affecting the use of a zone, any portion of which is within 500 feet of the boundary of another municipality, to the regional council of governments for the region or regions in which the Town and the other municipality are located. The notice shall be sent in accordance with the requirements of § 8-3b of the Connecticut General Statutes. No hearing shall be conducted unless the notice to the regional council of governments has been sent. Any report received from the regional council of governments will be for advisory purposes only.
[Amended 5-10-2021]
C.
Notice to abutting towns. The Commission shall send written notice by certified mail, return receipt requested, to the Town Clerk of any adjoining municipality of the pendency of any application concerning a project on any site in which any portion of the subject property is within 500 feet of any boundary of the adjoining municipality. Notice shall be sent within seven days of the receipt of the application by the Commission. The postal return receipts and returned letters, if any, shall be submitted to the Commission by the hearing date as proof of notification. No hearing shall be conducted unless the notice to the adjoining municipality has been sent.
D.
Notice to abutting property owners.
(1)
For all special permit applications, the applicant, or their agent, shall be responsible for notifying owners of property located within 200 feet of the subject property. With the submission of any such application to the Commission, the applicant shall provide a list of the names and addresses of owners of property located within 200 feet of the subject property. The latest records of the Ashford Tax Assessor shall be utilized to determine the owner of each property. Notices from the applicant to the surrounding property owners shall be sent via U.S. certificate of mailing not less than 10 days before the public hearing. This notice shall include a brief description of the application proposal and the date, time and place of commencement of the public hearing to be conducted by the Commission. The notice also shall reference the fact that the complete application is available for public review at the office of the Ashford Town Clerk. Prior to the date of the public hearing, the applicant shall submit to the Commission the certificate of mailings as proof of notification.
(2)
For all applications to amend the Zoning Map, the applicant, or their agent, shall be responsible for notifying owners of property located within 500 feet of the perimeter boundaries of the subject zone change area. With the submission of any such application to the Commission, the applicant shall provide a list of the names and addresses of owners of property located within 500 feet of the subject property. The latest records of the Ashford Tax Assessor shall be utilized to determine the owner of each property. Notices from the applicant to the surrounding property owners shall be sent via U.S. certificate of mailing not less than 10 days before the public hearing. This notice shall include the statement of justification received by the Commission and the date, time and place of commencement of the public hearing to be conducted by the Commission. The notice also shall reference the fact that the complete application is available for public review at the office of the Ashford Town Clerk. Prior to the date of the public hearing, the applicant shall submit to the Commission the certificate of mailings as proof of notification.
E.
Notice of public hearing signs. Prior to any required public hearing, the applicant shall post a sign on the property that is the subject of the application, one each on all streets fronting the property, indicating the intent of the application and the date, time and place of the public hearing. Such signs shall be placed no less than 15 days prior to the date of the scheduled public hearing. Signs shall be located prominently and remain in place throughout the formal public hearing process. The Zoning Enforcement Officer may be contacted for additional details.
F.
Notice to be filed with Town Clerk. Any application to amend the regulations or Zoning Map shall be filed by the applicant with the Town Clerk at least 10 days before the public hearing on any such application.
G.
Publication of legal notice. The Commission shall cause legal notice of any application requiring a public hearing to be published in a newspaper having general circulation in the Town of Ashford, in accordance with the requirements of Connecticut General Statutes § 8-7d, as may be amended from time to time. The Commission shall also cause legal notice of any action taken on any application to be published in a newspaper having general circulation in the Town of Ashford. In any case where notice of the Commission's decision is not published within 15 days after the decision has been rendered, the applicant may provide for the publication of such notice within 10 days thereafter.
H.
Notice to water company. If an application is filed concerning any property within the aquifer protection area delineated pursuant to Connecticut General Statutes § 22a-354c or the watershed of a water company, the applicant shall send written notice of the same to the water company and the Commissioner of Public Health. Notice shall be sent by certified mail, return receipt requested, within seven days of the date of the application.
