Ashford City Zoning Code
ARTICLE VI
Special Standards
§ 300-28 Soil and erosion control.
A.
Purpose. This section is intended to ensure that proper provision is made to control accelerated erosion and sedimentation and reduce the danger from stormwater runoff.
(1)
A soil erosion and sediment control plan, when required, shall contain proper provisions to adequately control accelerated erosion and sedimentation and reduce the danger from stormwater runoff on the proposed site based on the best available technology. For methods and practices necessary for certification refer to the current version of Connecticut Guidelines for Soil Erosion and Sediment Control (2002), as may be amended, and published by the Connecticut Council on Soil and Water Conservation. Alternative principles, methods and practices may be used with prior approval of the Commission.
(2)
The soil erosion and sediment control plan shall be prepared by a professional engineer licensed by the State of Connecticut.
B.
Activities requiring a soil and erosion and sediment control plan.
(1)
All development shall make proper provisions to control accelerated erosion and sedimentation based on the best management practices.
C.
Standards for soil erosion and sediment control plan.
(1)
Any proposed development shall be fitted as close as possible to the pre-development topography and soils so as to create the least erosion potential.
(2)
To the greatest extent possible, existing vegetation should be retained and protected.
(3)
The smallest practical area of land exposure should be kept to the shortest practical period.
(4)
Best management practices shall be used to protect areas exposed during development.
(5)
Provisions should be made to effectively accommodate the increased runoff caused by changed soil and surface conditions during and after development. Computations for runoff shall be in accordance with Technical Release No. 55, Urban Hydrology, Engineering Division, Soil Conservation Service, United States Department of Agriculture, January 1975, as amended.
(6)
The permanent final vegetation and control measure structures and control facilities should be installed as soon as practical in the development process.
(7)
There shall be a plan and maintenance schedule for post-development operation of necessary erosion and sediment control measures and any stormwater management systems or structures.
D.
Contents of plan.
(1)
The applicant shall describe, in mapped and narrative form, the measures to be taken to control erosion and sediment both during and after construction. The plan and its specific measures shall be based upon the best available approaches and technology and shall be in accordance with the principles and meet or exceed the standards described in the Connecticut Guidelines for Erosion and Sediment Control (2002), as amended.
(2)
The Commission shall certify the control plan complies with the requirements of this regulation before the site plan can be approved. The plan shall contain, but shall not be limited to:
(a)
A narrative describing the following:
[1]
The development project.
[2]
The sequence and schedule for grading construction activities.
[3]
The start and completion dates.
[4]
Sequence for installation and/or application of soil erosion and sediment control measures.
[5]
Timing and sequence for final stabilization of the project site.
[6]
The design criteria, construction details, installation and application procedures for proposed soil erosion and sediment control measures and stormwater management facilities.
[7]
The post-construction stabilization operation and maintenance program for proposed soil and erosion and sediment control measures and stormwater management.
(b)
A site plan map at a scale of one inch equal to no more than 40 feet on sheets 24 inches by 36 inches in size. The site plan must show:
[1]
The location of the proposed development and adjacent properties.
[2]
The existing and proposed topography including soil types, wetlands, watercourses and water bodies.
[3]
The area of proposed site alterations, including cleared, excavated, filled or graded areas and proposed structures, utilities, roads and, if applicable, new property lines.
[4]
The existing structures on the project site, if any.
[5]
The location and details for all proposed soil erosion and sediment control measures, structures and stormwater management facilities.
[6]
The sequence of grading and construction activities.
[7]
The sequence and installation and/or application of soil erosion and sediment control measures.
[8]
The sequence for final stabilization of the development site.
(c)
A certification that the soil erosion and sediment control plan is in conformance with the provisions of these regulations, which certification shall be signed, sealed, and dated by the professional engineer responsible for preparing the plan.
(d)
Any other information deemed necessary and appropriate by the applicant or requested by the Commission or its authorized agent.
E.
Issuance or denial of certification.
(1)
Prior to certification, any plan submitted to the Commission may be reviewed by the Eastern Connecticut Conservation District which may make recommendation concerning such plan, provided such review shall be completed within 30 days of the receipt of such plan. When determined by the Commission to be necessary or desirable, the Commission may require that the soil erosion and sediment control plan be certified by the Eastern Connecticut Conservation District. Any costs related to such certification by the District shall be borne by the applicant.
[Amended 5-10-2021]
(2)
The Commission may forward a copy of the development proposal to other agencies and/or advisors for review and comment.
(3)
Nothing in these regulations shall be construed as extending the time limits for the approval of any application under Chapter 124 or 126 of the Connecticut General Statutes, as amended.
[Amended 5-10-2021]
(4)
The Commission or its authorized agent shall either certify that the soil erosion and sediment plan, as filed or with modifications, complies with the requirements and objectives of these regulations or shall deny certification when the development proposal does not comply with these regulations.
F.
Application of controls; bond or other security. The estimated costs of measures required to control soil erosion and sedimentation, as specified in the certified plan, shall be bonded in accordance with § 300-37.
G.
Inspection. During and after installation, the Zoning Enforcement Officer will inspect the site to verify that all necessary erosion and sediment controls have been properly installed. When the Zoning Enforcement Officer is satisfied they have been properly installed, the Commission's agent will so indicate on the owner's application for a building permit. The Commission may require the permittee to verify through progress reports that soil erosion and sediment control measures and facilities have been performed or installed according to the certified plan, are operating and are being maintained. If in the opinion of the Zoning Enforcement Officer the control measures have not been installed or maintained in conformance with the certified plan, or if the plan has not adequately addressed certain site conditions, and there is a failure of installed controls, the property owner will be so notified by certified mail. If the problem as described in that notice is not rectified within 24 hours of delivery of that notice, the Zoning Enforcement Officer may take steps to correct the problem using funds from the posted cash bond or other security.
§ 300-29 Signs.
A.
Purpose. It is the purpose and intent of this section to accommodate the placement of signs necessary for the identification, direction and reasonable promotion of permitted and special permitted uses while avoiding signs of a character, as well as a proliferation and extension of signs, that would be detrimental to public health and safety, property values and the appearance and beauty of the community.
B.
Signs in the Residential - Agricultural Zone.
(1)
Unless specifically authorized elsewhere in these regulations, the following signs are permitted in the Residential - Agricultural Zone:
(a)
One sign (freestanding or attached), up to two square feet in area, displaying the name of the land or buildings on which the sign is located, the name of the owner or lessee thereof, and his profession or activity.
(b)
No trespassing or other signs indicating the private nature of premises, up to two square feet in area, in a quantity not to exceed one for every 50 feet of frontage.
(c)
Non-illuminated temporary signs, up to six square feet in area, pertaining to sale or lease of the premises where displayed or where construction is underway, provided that such sign(s) shall be removed when the premises are sold, rented or constructed.
(d)
Off-premises directional signs for business, educational, and nonprofit uses on posts provided for by the Town at major street intersections approved by the Board of Selectmen. A sign not larger than six inches in width and two feet in length is permitted per business or use. Such signs shall be placed on the Town posts on a space-available basis subject to approval of the Board of Selectmen.
(e)
Political signs associated with an official election or referendum, provided that such signs are removed within seven days of the election or referendum.
(2)
An administrative zoning permit shall be issued before any such sign may be erected, and the application for such permit shall specify the location at which and the time period during which such sign may be erected and maintained.
[Amended 5-10-2021]
C.
Signs in nonresidential zones.
(1)
Unless specifically authorized elsewhere in these regulations, the following signs and no others are permitted in nonresidential zones, provided that no sign shall advertise or refer to any activity, use, structure or business that is not located or does not take place on the lot on which the sign is located:
(a)
Any sign permitted in a residential zone.
(b)
Up to four business or advertising signs, provided that the total area of all signs on a lot, both attached or freestanding, shall not exceed the greater of 40 square feet or two square feet per each full foot of length of the "main side" of the principal building, where the "main side" of the principal building shall be the side closest, and most closely parallel, to the street providing the principal vehicle access to the lot.
(2)
Any freestanding sign shall require approval of a special permit by the Commission.
(3)
All other signs shall require a zoning permit.
D.
Requirements for signs in all zones.
(1)
No sign shall be located where it would obscure the view of street traffic from other vehicles.
(2)
Rotating, traveling, pulsing, flashing or oscillating light sources, lasers, beacons, searchlights or strobe lighting shall not be permitted. Except for time and weather signs, the digital message shall not be permitted to change more than once each half hour.
(3)
Any approval required herein shall be granted only after the Commission, or the Zoning Enforcement Officer, as the case may be, is satisfied that excessive illumination, light pollution, glare and light trespass have been adequately mitigated, and shall be subject to the following requirements:
(a)
Lighting fixtures illuminating signs shall be carefully located, aimed and shielded so that light is directed onto the sign facade and shall not be aimed toward adjacent streets, roads or properties, and the light source (bulb) of the light fixture shall not be directly visible from adjacent streets, roads or properties.
(b)
The average level of illumination on the vertical surface of the sign shall not exceed 3.0 footcandles, and the uniformity ratio shall not exceed 2:1.
(c)
Externally illuminated signs shall have lighting units mounted at the top of the sign and aimed downward. The lighting units shall be designed, fitted and aimed to shield the lamp and its reflective surfaces from direct off-site view and to place the light output onto and not beyond the sign. Lighting shall be by linear fluorescent unless it can be demonstrated to the satisfaction of the Commission that equal or superior results with respect to glare, light trespass and light pollution control can be achieved with an alternative source.
(d)
Lighted signs shall only be permitted in nonresidential zones, shall be static, shall not be allowed to operate between 11:00 p.m. and dawn when located where visible from a residential district or use, and shall not be located within 1,000 feet of an approaching interchange or traffic-merging lanes. Except for time and weather signs, the digital message shall not be permitted to change more than once each half hour. During hours of darkness, the light output shall be automatically reduced to a brightness level that does not create glare. The sign nighttime brightness shall be capable of being further dimmed if the Commission requires a reduction in brightness when the lighting is judged to create a nuisance or hazard.
(e)
The use of highly reflective signage that creates nuisance glare or a safety hazard shall not be permitted.
(4)
Signs must be constructed of good material, firmly supported, maintained in good condition and repair, and removed when the purpose for which they were erected no longer exists.
(5)
The top of a freestanding sign shall not be higher than 15 feet from ground level. No sign mounted on a building shall project higher than the roofline.
(6)
The Zoning Enforcement Officer may order the removal of any signs that are not maintained or erected in accordance with the provisions of this section.
(7)
All signs are subject to the side yard setbacks of the zone in which they are located. Where a nonresidential zone abuts a residential zone, the side line setback of the residential zone shall apply along the abutting line. Signs are not required to conform to front yard setbacks. However, the sign must not protrude into the road right-of-way or interfere with the roadway sight line.
E.
Nonconforming signs; modifications. Signs existing at the time of the adoption of these regulations must be maintained in their existing size, shape and illumination and cannot be altered, enlarged, expanded or moved. No lights may be added thereto, except as such changes may keep or bring the signs into conformance with these regulations.
§ 300-30 Outdoor lighting.
A.
Purpose. To require and set minimum standards for outdoor lighting to:
(1)
Provide for and control lighting in outdoor public places for public health, safety and welfare;
(2)
Protect drivers and pedestrians from the glare of non-vehicular light sources;
(3)
Protect neighbors, the environment and the night sky from nuisance glare and light trespass from improperly selected, placed, aimed, applied, maintained or shielded light sources;
(4)
Encourage quality lighting design, light luminaire shielding, uniform light intensities, maximum lighting levels within and on property lines, and lighting controls;
(5)
Promote energy-efficient lighting design and operation;
(6)
Protect and retain the intended visual character of the Town; and
(7)
Provide an environmentally sensitive nighttime environment that protects significant wildlife habitat.
B.
Applicability.
(1)
Outdoor lighting (for the purposes of these provisions, light sources include any refractor, reflector, bulb, tube, or globe) shall be kept to the minimum intensity needed for ground and entryway lighting. No exterior lighting shall be used in a manner which produces a bloom or a direct glare on neighboring property or adjacent street, or which produces an objectionable visual disturbance. All exterior lighting shall be shielded so that the source of light cannot be directly seen from off the property. All outdoor lighting facilities or lamps shall be shielded in such a manner that:
(2)
The mounting height of a lighting fixture shall be defined as the vertical distance from the grade elevation directly below the fixture to the bottom of the lighting fixture. The height shall be the minimum necessary to illuminate the project area and in no case shall exceed 16 feet for parking lot lighting.
(3)
Temporary seasonal decorative lighting is exempt from the requirements of this regulation.
C.
Standards.
(1)
All lighting shall be aimed, located, designed, fitted and maintained so as not to present a hazard to drivers or pedestrians by impairing their ability to safely traverse and so as not to create a nuisance by projecting or reflecting objectionable light onto a neighboring use or property.
(2)
Directional lighting units such as floodlights and spotlights, when their use is specifically approved by the Commission, shall be so shielded, installed and aimed that they do not project their output onto the properties of neighboring residences or adjacent uses, past the object being illuminated, skyward or onto a public roadway or pedestrianway. Floodlights installed above grade on residential properties, except when motion-sensor actuated, shall not be aimed out more than 45° from straight down. When a floodlight creates glare as viewed from an adjacent residential property, the floodlight shall be required to be re-aimed and/or fitted with a shielding device to block the view of the glare source from that property.
(3)
Parking facility and vehicular and pedestrianway lighting (except for safety and security applications and all-night business operations) for commercial, industrial and institutional uses shall be automatically extinguished no later than 1/2 hour after the close of business or facility operation. When safety or security lighting is proposed for after-hours illumination, it shall not be in excess of 25% of the number of lighting units or illumination level required or permitted for illumination during regular business hours.
(4)
For premises containing commercial, industrial or institutional establishments, illumination for signs, building facades and/or surrounding landscapes for decorative, advertising or aesthetic purposes is prohibited between 11:00 p.m. and dawn, or 1/2 hour after the close of business and dawn, whichever is later.
(5)
Vegetation screens shall not be employed to serve as the primary means for controlling glare. Rather, glare control shall be achieved primarily through the use of such means as cutoff lighting units, shields and baffles, and appropriate application of luminaire mounting height, wattage, aiming angle and luminaire placement.
(6)
Only the United States and the state flag shall be permitted to be illuminated from dusk till dawn. All other flags shall not be illuminated past 11:00 p.m.
D.
Nonconforming lighting; modifications. Lighting existing at the time of the adoption of these regulations must be maintained in its existing configuration and illumination and cannot be altered, enlarged, expanded or moved. No lights may be added thereto, except as such changes may keep or bring the lights into conformance with these regulations.
§ 300-31 Parking and traffic requirements.
A.
Purpose. The purpose of parking standards is to assure adequate off-street parking, reduce on-street parking, increase traffic safety, maintain smooth traffic flow, and reduce the visual impact of parking lots. These standards are also designed to achieve safe and efficient vehicular and nonmotorized circulation (bicycle and pedestrian) and economy of space.
B.
Number and size of spaces required.
(1)
Off-street parking spaces shall be provided in at least the amount stated in this section. When the Commission issues a special permit, it may require additional off-street parking in the amount it determines is necessary to fulfill the purpose of these regulations. Parking spaces other than for residential uses shall be placed behind or to the side of the principal structure on the lot, unless the applicant demonstrates to the satisfaction of the Commission that such location is not feasible due to topography or the nature of the permitted use or that an alternative location is acceptable because it is substantially obscured to view from the street and nearby residences.
(2)
Multiple uses. In the case of more than one use of a building or lot, required parking facilities shall be construed to be the sum of the requirements for all uses computed separately.
(3)
Parking space size: 8.5 feet by 16 feet and all parking areas must have adequate access and maneuvering areas.
(4)
Minimum number of parking spaces required.
Single-family dwelling | 2 spaces |
Two-family dwelling | 2 spaces per dwelling unit |
Bed-and-breakfast | 2 spaces for the dwelling unit plus 1 space for each guest room |
Boarding rooms and rooming houses | 2 spaces for the dwelling unit plus 1 space for each guest room |
Home occupation (including family day-care homes) | 2 spaces for the dwelling unit plus 1 space per employee plus 1 space for visitors |
Group day-care homes | 2 spaces for the dwelling unit plus 1 space per 500 square feet of gross floor area or 1 space per every 6 children cared for in the home, whichever is greater |
Day-care centers | 1 space per 500 square feet of gross floor area or 1 space for every 6 children or adults cared for at the center, whichever is greater |
Community residence | 1 space for every 2 residents plus 1 space for every nonresident staff member |
Accessory apartment | 2 spaces for the dwelling unit plus 2 spaces for the accessory apartment |
Retail sales | 1 space per 200 square feet of gross floor area |
Rural business | 1 space per employee plus 1 space for customers |
Restaurant | 1 space per 2 seats plus 5 stacking spaces per drive-up window |
Offices | 1 space per 250 square feet of gross floor area |
Manufacturing | 1 space per 750 square feet of gross floor area or 1 space per 2 employees on the largest work shift, the greater of either |
Other type uses | 1 space for every 250 square feet of gross floor area, except that the Commission may vary this requirement based on a professionally prepared traffic and parking analysis |
(5)
Parking spaces shall be provided for the physically handicapped in accordance with the rules and regulations of the Americans with Disabilities Act and laws of the State of Connecticut, as such standards may be amended. Handicapped spaces shall be clearly identified by a sign stating that such spaces are reserved for physically handicapped persons. The handicapped spaces shall be located in the portion of the parking lot nearest the entrance to the use or the structure which the parking lot serves. Adequate access for the handicapped from the parking area to the structure shall be provided.
(6)
For all uses that are required to provide, or do provide, 10 or more parking spaces, the installation of bicycle racks shall be required. The bike racks shall be designed to provide for the locking of the bicycles to the racks. The design, location and number of bike racks shall be approved by the Commission as part of an approval of the permit request.
(7)
No off-street loading space and no truck loading bay, ramp or dock shall be designed or arranged in a manner that trucks must use any part of a public street right-of-way for maneuvering or for loading and unloading. No portion of the driveway at the edge of the street pavement shall be closer than 75 feet to an intersection.
(8)
Entrance and exit driveways. For parking areas containing fewer than five spaces, the minimum width of entrance and exit drives shall be 10 feet wide for one-way use and 18 feet wide for two-way use. For facilities containing five or more spaces, such drives shall be a minimum of 12 feet wide for one-way use and 18 feet wide for two-way use. The minimum curb radius shall be 15 feet. The maximum width of such driveways at the property line shall be 24 feet. The Commission may modify these width and radius limitations to facilitate traffic flow and safety.
C.
Traffic requirements. To provide for the orderly flow of inbound and outbound site-generated traffic, applicants must demonstrate to the Commission's satisfaction that the site-generated traffic is able to enter and exit the site safely without disruption to external traffic flow. On-site queuing provisions must be adequate to prevent site-generated traffic from queuing off site on public streets. Sight lines for exiting traffic must be satisfactory for the prevailing speed of approaching traffic. The applicant must demonstrate to the Commission's satisfaction that the site design provides for safe and orderly vehicular and pedestrian flow and that conflicts between the two are minimized. Delivery areas must be located so that normal on-site traffic movements are not impeded or compromised. An engineered traffic report may be provided with the application to demonstrate that these requirements are met.
D.
Shared parking.
(1)
The Commission encourages parking for different structures or uses, or for mixed uses, to be shared in any district. At the applicant's request, shared parking may be provided, subject to the following provisions:
(a)
A reciprocal written agreement has been executed by all the parties concerned that assures the perpetual joint use of such common parking, a copy of which has been submitted to and is acceptable to the Commission. The Commission may forward such agreements to the Town legal counsel for review. The final agreement shall be recorded on the land records.
(b)
The Commission may require the applicant to provide a parking study with all information deemed necessary to its decision-making on a shared parking arrangement. This information includes but is not limited to:
[1]
The type and hours of operation and parking demand for each use, a site plan displaying shared use spaces in the lot and walking distance to the uses sharing the lot;
[2]
A description of the character of land use and parking patterns of adjacent land uses; and
[3]
An estimate of anticipated turnover in parking space use over the course of 12 to 24 hours at the site.
(2)
Uses sharing the parking facility do not need to be contained on the same lot but shall be a maximum of 500 feet from the closest parking space in the parking lot which is to be used and allow for safe, convenient walking for most parkers, including safe pedestrian crossings, signage, and adequate lighting. A waiver of the maximum allowable distance from the use to the parking may be approved by the Commission with written justification and supporting information provided by the applicant.
E.
General (nonresidential)
(1)
Whenever a parking or loading area is located in or adjacent to a residential use, it shall be effectively screened on all sides which adjoin or face any residential property by a solid wall, opaque fence or a double-row, compact evergreen planting screen located on a landscaped buffer strip not less than 50 feet wide. Such fence, wall or planting screen shall not be less than five feet, nor shall any fence or wall be more than six feet, in height and shall be maintained in good condition. The space between such fence, wall or planting screen and the lot line of the adjoining premises in any residential district shall be landscaped with grass, hardy shrubs or evergreen ground cover and maintained in good condition. Areas between parking facilities and public rights-of-way shall be suitably landscaped. In the event that the terrain and other natural features are such that the erection of such fence, wall or planting screen will not serve the intended purpose, the Commission may waive this requirement.
(2)
In order to reduce stormwater runoff, all parking and loading facilities required under this regulation, together with driveways, aisles, and other circulation areas, shall use grass/pavement block or other pervious pavement systems. The use of nonpermeable surfaces shall be allowed only after demonstrating to the Commission's satisfaction that such use is warranted.
(3)
Any nonresidential parking area which is intended to be used during non-daylight hours shall be fully illuminated during the hours of operation of the principal use. Any lights used to illuminate a parking lot shall be so arranged as to reflect the light away from the adjoining property and away from streets.
F.
Best management practices for runoff.
(1)
It is the intent of these regulations to encourage the use of best management practices (BMPs) to minimize, treat, prevent and/or reduce degradation of water quality and flooding potential due to stormwater runoff from parking. In all zones, all developments shall be designed to the extent practicable with the goal of no net runoff from the site. That is, the volume of runoff from the site after development shall not exceed the volume of site runoff prior to the proposed development. In addition, the stormwater management system shall be designed, constructed, and maintained with BMPs to minimize runoff volumes, prevent flooding and soil erosion, protect water quality, maintain or improve wildlife habitat, and contribute to the aesthetic values of the project.
(2)
In order to prevent pollution of groundwater by deicing salts and additives or other chemicals, infiltration of runoff from paved parking areas associated with nonresidential uses in any zone shall be kept to a minimum. Appropriate measures shall be taken to collect and discharge such runoff in a manner that will minimize the risk of groundwater contamination. Also see the Town of Ashford Public Improvement Specifications.
(3)
Stormwater management systems in parking lots shall be designed in accordance with BMPs as described in the most recent version of the Connecticut Stormwater Quality Manual (Connecticut Department of Energy and Environmental Protection) and in accordance with the erosion and sediment control requirements and flood protection zone requirements specified in §§ 300-28 and 300-36 of these regulations, and to meet the following general standards:
(a)
Infiltration of stormwater shall be accommodated to the extent possible through limitation of land disturbance and grade changes, retention of existing natural drainage areas and wetlands, and use or creation of vegetated islands, vegetated medians, and vegetated perimeter buffer strips.
(b)
All stormwater detention and conveyance structures shall be constructed to control the post-development peak discharge rates from ten-, twenty-five-, and 100-year storms to the corresponding pre-development peak discharge rates.
(c)
Natural drainage patterns shall be maintained to the extent practicable. The applicant shall demonstrate through information provided on and in association with the proposed site plan the existing and proposed drainage patterns and calculated flows.
(d)
Parking lot drainage shall be designed such that all surface runoff (both piped and overland flow) is conveyed through vegetated swales, vegetated filter strips, created wetlands, rain gardens, or detention basins with biofiltration prior to discharge into existing wetlands, streams, ponds, or other water bodies.
(e)
The use of native grasses and small-diameter wood-stemmed shrubs is required as plantings for all vegetated swales, vegetated filter strips, created wetlands, rain gardens, or detention basins with biofiltration.
(f)
Stormwater runoff discharged to wetlands must be diffused to nonerosive velocities prior to reaching any natural wetland based on calculations submitted with the application package.
(g)
The applicant must demonstrate that any receiving wetlands or water bodies have sufficient holding capacity, based on calculations submitted with the application.
(h)
The Commission may send any or all information provided on anticipated stormwater flow patterns and volumes and stormwater management system to the Town Engineer and/or other consulting professional or agency for review and advisory comments at the expense of the applicant.
(i)
All stormwater BMPs shall be designed in a manner to minimize the need for maintenance and reduce the chances of failure.
G.
Bicycle parking.
(1)
Bicycle parking is encouraged for all zones where 10 or more vehicle parking spaces are required, with the exception of the Residential - Agricultural Zone, to encourage the use of bicycles by providing safe and convenient places to park bicycles. Bicycle parking encourages shoppers, customers, and other visitors to use bicycles by providing a convenient and readily accessible place to park bicycles.
[Amended 5-10-2021]
(2)
Bicycle parking should serve the main entrance of a building and should be visible to pedestrians and bicyclists. Short-term bicycle parking should be in the form of bicycle racks that meet the following standards:
(a)
Outside a building.
(b)
At the same grade as the sidewalk or at a location that can be reached by an accessible route.
(c)
Within 50 feet of the main entrance to the building.
(d)
The bicycle rack, which must be securely anchored, must, at a minimum, provide a bicycle frame where one wheel can be locked to the rack with a high security, U-shaped shackle lock if both wheels are left on the bicycle.
(e)
Each required bicycle parking space must be accessible without moving another bicycle. There must be an aisle at least five feet wide behind all required bicycle parking to allow room for bicycle maneuvering. Where the bicycle parking is adjacent to a sidewalk, the maneuvering area may extend into the right-of-way.
§ 300-32 Earth removal and filling.
A.
Purpose. The following regulations regarding the establishment and continuance of earth and gravel removal and the conduct of such removal activities in Town have been developed to:
(1)
Protect the health, welfare, and safety of the citizens of the Town of Ashford.
(2)
Preserve and protect the Town's environmental resources, including but not limited to:
(3)
Protect property values by ensuring that following such removal activities the land utilized for filling and/or excavation will be usable for agriculture, residential, commercial or industrial use consistent with the underling zone in which such use is located.
B.
Exemptions.
(1)
Earth removal and filling for residential maintenance purposes, such as landscaping, driveway repair, etc., involving less than 100 cubic yards of material shall be exempt from the requirements of this section.
[Amended 5-10-2021]
(2)
Filling of property is permitted in accordance with a zoning permit, or a subdivision plan approved by the Commission. Additional filling is permitted for situations over and above what has already been approved upon review and approval by the Zoning Enforcement Officer, when such filling is incidental to the original approval on a property, so long as such filling does not exceed 1,000 cubic yards.
(a)
The Zoning Enforcement Officer, at their discretion, may forward any such request to the Commission for review.
(b)
The Zoning Enforcement Officer may require such information as set forth in these regulations as they deem appropriate to evaluate any such application.
(c)
In the event that the volume of fill exceeds 1,000 cubic yards, the zoning permit, special permit, or subdivision plan shall include a plan for filling.
(d)
Road sweepings as fill material requires a zoning permit and shall be subject to the recommended guidelines of the Connecticut Department of Energy and Environmental Protection and may be further regulated by the Commission when, in its opinion, further regulation is warranted.
(3)
Excavation and filling are permitted for agriculture production purposes when such activities are essential for the agriculture production process. This exemption is subject to the following conditions:
(a)
A written exemption request shall be submitted by the applicant to the Commission for review and approval. The Commission will also ask the Agriculture Commission to review and comment on this request. This request shall address the following:
[1]
A detailed plan describing how the proposed filling and excavation are essential to the existing and/or proposed agriculture production process.
[2]
A site map of the area to be excavated or filled.
[3]
Projected time frame to begin and complete all the activities.
[4]
Estimate of the volume of material to be excavated, filled, processed and/or removed.
[5]
Details regarding truck access and routes.
(b)
The Commission may, at its discretion, inspect the site to see if the activities are in compliance with the request.
(c)
This exemption is only intended for limited excavation and filling.
(4)
Excavation and filling are permitted for the repair or replacement of an on-site septic system.
C.
Site plan requirements.
(2)
Three full-size copies (24 inches by 36 inches) of the site plan in ink to a scale of at least one inch equal to 40 feet and 12 reduced-size copies (11 inches by 17 inches) of the site plan and a PDF electronic copy shall be submitted. The map shall preferably be drawn to a scale of one inch equals 40 feet but in no case smaller than one inch equals 200 feet. The map and plan, in addition to those requirements stated in Article V of these regulations, shall show the following:
[Amended 5-10-2021]
(a)
Location of the premises, names of abutting owners, property lines, relations to roadway systems, wooded areas, outcrops, existing rivers, streams, watercourses, pond, swamps, and wetlands on or within 200 feet of the site.
(b)
An operations statement that includes an estimate of the number of cubic yards of material to be brought to the site, cubic yards of material to be excavated, processed, or removed, including the rate of removal, which shall be done in phases appropriate to the site and scope of the proposed operation, and estimated time length for the operation, including necessary sedimentation and erosion control measures in accordance with the State of Connecticut Guidelines for Soil Erosion and Sedimentation Control, as amended, and the estimated time length for the operation.
(c)
Location of stockpiled material.
(d)
Grading plan showing existing contours in the area to be filled and proposed contours for the area after operations. Such plans shall include the area to be filled as well as the surrounding area within 200 feet of the filling and shall be drawn at a scale of not less than 40 feet to the inch and with contours shown at intervals of not less than two feet.
(e)
Existing and proposed drainage of the site (temporary and permanent). Such evaluation shall be based on the recommendation of the Town Engineer and may entail the analysis for a two-, five-, ten-, twenty-five-, fifty-, and/or 100-year storm.
(f)
Delineation of the 100-year floodplain (if applicable).
(g)
The location and type of any building or fixed machinery to be used.
(h)
Details of final grading and planting of the site to prevent erosion of the site at the conclusion of operations made in accordance with the State of Connecticut Guidelines for Soil Erosion and Sedimentation Control, as amended.
(i)
An estimate of the number and types of trucks and other machinery to be used on the site, including the location and size of refueling pads, and maintenance locations for machinery and vehicles, and proposed truck access, including number of daily trips.
(j)
Credible evidence of the presence of an endangered or threatened species, or other natural resources, and/or archaeological or historically significant features may require study by appropriate consultants. The results of these studies shall be considered in the approval process and the Commission may stipulate protective measures.
(k)
Details, to the satisfaction of the Commission, as to how all noise will be held to the site and not reach an unacceptable level to neighboring properties.
(l)
Proposed use and storage of explosives (excavation only). Application should detail the extent of such usage (amount, times to be used, places, circumstances, etc.), location of temporary and permanent storage of explosives, and copies of all applicable state and/or federal licenses/permits.
(m)
Proposed fencing, signage and gates.
(n)
Geological soundings and/or borings to determine level and drainage patterns of underlying bedrock (excavation only).
(o)
A statement and supporting documentation regarding potential impact, if any, of any change in surface water or groundwater levels or water quality that may be caused by the proposed activities, including impacts on private wells and wetlands habitats.
(p)
Depth of existing topsoil at various points.
(q)
Depths to water table before and after the operation.
(r)
Other information and/or safeguards as the Commission deems necessary.
(3)
Specific requirements may be waived by the Commission when in its opinion such requirement is unnecessary because of the limited size of the operation, or other valid reason whereby the health, safety and public welfare will not be adversely affected.
D.
Performance standards. No special permit shall be issued pursuant to Article V unless the following conditions are met:
(1)
Screening, sifting, washing, crushing or other forms of processing shall, for commercial extraction and/or processing operations only, be conducted during times of the day and week, including specific holidays, as determined and approved by the Commission. Processing shall only be permitted for materials excavated from the site on which the excavation operation is being conducted.
(2)
No fixed or portable machinery used in a commercial operation shall be erected or maintained within 200 feet of any property or street line or less than 500 feet from any residence.
[Amended 5-10-2021]
(3)
The location of crushing operations shall be dependent on a noise study performed by a qualified firm at the cost of the applicant.
(4)
Measures, to the satisfaction of the Commission, shall be taken to minimize nuisance from noise, dust, vibration and flying debris; all trucks shall be covered for off-site transport; suitable fences or other barricades shall be provided around the excavation to protect pedestrians and vehicles.
(5)
The activity shall not result in the creation of any sharp declivities, pits or depressions, soil erosion, soil fertility problems or permanently depressed land values or create any drainage or sewage problems or other conditions which would impair the use or reuse of the property or neighboring property in accordance with these Zoning Regulations or which would create a nuisance.
(6)
The activity shall be in harmony with the general purpose and intent of these regulations and shall not have an adverse effect on any existing or potential surface water or groundwater supplies.
(7)
It shall be the responsibility of the permittee to ensure that vehicles removing earth materials from the premises are so loaded and/or secured, including load covers, that there will be no spillage or release of such materials within the Town of Ashford. The permittee shall be liable for the cost of cleaning any earth material spillage or repairing any damage to a road or roads of the Town of Ashford caused by improper loading, securing of loads or other operationally related activities.
(8)
No building except a field office or temporary shelter for machinery shall be erected on the premises except as may be permitted in the Zoning Regulations subject to approval by the Commission.
(9)
At all stages of operations, proper drainage shall be provided to prevent the collection and stagnation of water and to prevent harmful effects upon surrounding properties.
(10)
No excavation conducted under a permit issued pursuant to these regulations shall be:
(a)
Made below the grade of any abutting highway within 150 feet thereof, unless approved by the Commission;
(b)
Below the grade of any adjoining property at the property line within 50 feet thereof; or
(c)
Within 150 feet of any dwelling existing at the date the permit is issued without the written approval of the abutting owner of private property or of the owner of the dwelling to be affected and the approval of the Commission.
(11)
At no time shall an overhang and/or undercut be permitted on any face. At no time shall slopes in excess of 2:1 (horizontal-vertical) be present on any face except the face where active excavation is being carried on. Fencing may be required at the discretion of the Commission.
(12)
Truck access to the excavation shall be so arranged as to minimize danger to traffic and nuisance to surrounding properties. That portion of access road within the area of operation shall be treated to minimize dust.
(13)
The use and storage of explosives shall be limited to those times and locations specifically authorized by the Commission.
(14)
When filling, excavation and removal operation is completed the excavated area shall be graded so that slope in the disturbed area shall be no steeper than 2:1 (horizontal-vertical).
(15)
All debris, including but not limited to tree stumps, shall be removed from the lot and all loose boulders not conducive to future development shall be removed.
(16)
Minimum separation distance between any excavation and the groundwater table shall be not less than six feet, unless it can be demonstrated to the Commission's satisfaction that a smaller separation distance will not adversely impact groundwater and/or neighboring uses or future uses on the site. No excavation or fill shall be made that would reduce the final elevation below floodplain, change the area of the floodplain, or expose groundwater unless, after proper analysis, it is determined that no pollution or silting of existing watercourses, or increased flood or erosion hazards, or other effect on water supply or purity will result and any necessary permits have been issued by the Ashford Inland Wetlands and Watercourses Commission.
(17)
Where necessary to protect the surrounding properties, the Commission may require a landscape buffer and/or an earthen berm of a size, to be determined by the Commission, necessary to protect such properties. Existing vegetation and natural topography shall be preserved where feasible.
(18)
Connecticut's Guidelines for Soil Erosion and Sedimentation Control, as amended, shall be followed.
(19)
Groundwater quality monitoring wells may be required by the Commission as a means of protecting water quality.
(20)
Site restoration. The area disturbed by the excavation is to be restored by the spreading of subsoil and topsoil at a minimum depth of four inches over the excavated area. The depth of topsoil required may be increased at the discretion of the Commission based on the ultimate use of the property. The area for the storage of topsoil shall be shown on the plans approved by the Commission. All stockpiled topsoil shall be seeded with appropriate perennial grasses and surrounded by appropriate erosion controls. Restoration shall be a continuous operation.
(a)
Following the re-spreading of topsoil, the area is to be seeded with a suitable ground cover and maintained until the area is stabilized. The area is to be limed and fertilized as appropriate. Seeding is to be done between April 15 and June 15 or between August 15 and October 15.
(b)
The Commission may require the planting of deciduous and non-deciduous trees (which may be root stock at the time of such planting) at a density appropriate for the site and its intended usage. To the extent practical, the trees shall be hardy native species and compatible with the post-excavation site characteristics.
(21)
Blasting for the removal of earth products shall not be permitted unless written approval is granted by the Commission and any other local or state agency having jurisdiction over blasting operations. An applicant for any activities involving blasting shall be required to show that the blasting will not cause a nuisance or damage to nearby property. If blasting is proposed as part of a permit application, a plan for such activity shall be prepared and submitted to the Town Fire Marshal for review. Such plan shall include provisions for monitoring weather conditions for production blasts, including plans to schedule blasting well enough in advance to take advantage of the days when air shock is likely to be at a minimum and to avoid blasting on days during times of unstable air masses and temperature inversions when air shock is more likely to occur. Additionally, the following blasting notice, monitoring and damage complaint requirements shall be in force:
(a)
Permittee shall provide the Town Selectmen's office with notification at least 24 hours prior to any anticipated production blast and shall notify all persons and businesses within 1,000 feet and other individuals requesting such notification of such blast.
[Amended 5-10-2021]
(b)
All production and test blasts shall be monitored with air pressure, seismic and decibel meters at no fewer than five sites for each blast.
(c)
Permittee shall provide, prior to any blasting, certificates of insurance written by sureties or insurers licensed in the State of Connecticut. The policies required shall be acceptable to the Town of Ashford. If, at any time, any of the insurance policies shall be or become unsatisfactory to the Town of Ashford in form or substance, or if the surety or insurer issuing any such policies is unacceptable to the Town of Ashford, the permittee shall promptly obtain a new policy and submit a certificate of insurance to the Town of Ashford for approval.
(22)
At no time shall more than one undivided area, which area shall not exceed three acres in size, be opened within the lot, it being the intent of these regulations that the remainder of the lot either shall be undisturbed land or shall have been restored or stabilized in accordance with these regulations.
(23)
Any excavation, removal or filling operation may be undertaken only during times and dates approved by the Commission.
(24)
All arable soils from any excavation or fill area shall be set aside and retained on the premises and shall be spread back over the affected area and permanently seeded upon completion of the entire operation or any part thereof.
(25)
Filling operation shall be carried out in such a manner as to prevent the breeding or harboring of insects, rats or other vermin and to prevent the transport of fill or excavated material or any waste or debris off the premises by wind, water or other causes.
(26)
In all cases, material used for filling shall be limited to suitable earth material for construction as approved by the Commission. Use of trash, garbage, or other junk material is expressly prohibited. Burial of stumps is not permitted under any circumstances.
(27)
The site may be inspected at any reasonable time by the Commission or a duly authorized representative of the Commission.
(28)
The Commission may require the applicant to submit periodic reports, prepared by and bearing the seal of a land surveyor or engineer, showing the status and progress of the work.
E.
Performance bond. Prior to the commencement of any activity under this section, the applicant shall post a performance bond with the Town in an amount and form satisfactory to the Commission. In addition to being governed by the provisions of § 300-37, the performance bond shall comply with the following:
(1)
The performance bond shall secure to the Town of Ashford the actual construction, installation, and completion of each approved phase of permitted activities in accordance with these regulations, including without limitation soil erosion and sedimentation control, streets, private streets, drainage, inspection and monitoring fees, and any specific requirements of any conditions of approval by the Commission.
(2)
The performance bond shall be released in its entirety after:
F.
Approval criteria. After the public hearing, the Commission may approve the plan and grant the special permit only when it is satisfied that the following conditions will be complied with in the undertaking of the proposed filling or excavation activity:
(1)
That the proposed activity will be carried out in accordance with the maps, operational statements and plans submitted by the applicant and in accordance with these regulations.
(2)
There shall be no adverse effect upon the premises and upon the surrounding premises or upon property values or health, and any effect upon the future use of the premises involved shall be consistent with the intent of these regulations.
[Amended 5-10-2021]
G.
Other.
(1)
In order to protect the character of the existing neighborhood or the environment, the Commission may restrict the hours of operation, the type of operation, the types and location of equipment, the use of explosive or any other aspect of the operation which may have adverse impacts on the surrounding properties and provide for increased buffering of surrounding properties.
(2)
No permit shall be issued by the Commission for a period exceeding 24 months, but upon application the permit may be renewed by the Commission for an additional twelve-month period. Any application to renew or amend an existing permit shall be filed with the Commission at least 65 days prior to the expiration date for the permit. Any application to renew or amend such an existing permit shall be made in accordance with these regulations, provided that:
(a)
The application may incorporate by reference the documentation and record of the prior application.
(b)
The application shall describe the extent of work completed at the time of filing and the schedule for completing the activities authorized in the permit.
(c)
The application shall state the reason why the authorized activities where not initiated or completed within the time specified in the permit.
(d)
The application shall describe any changes in facts or circumstances for which the permit was issued.
(3)
Failure to comply with the plans and conditions as approved and any deviation therefrom shall be a violation and the Commission may revoke the permit.
(4)
If the filling operation as approved by the Commission is not undertaken within 24 months after granting (subject to appeals that may result) of the permit, the permit will be automatically revoked.
§ 300-33 Cluster subdivision.
A.
Applicability. An owner or owners of land may apply to the Commission for a special permit, as stated in Article V of these regulations, for cluster development under this section. This will exempt such land from the lot area, frontage, setback and other applicable dimensional requirements set forth in these regulations.
B.
Intent. The purpose of this regulation is to provide a cluster method for development of land which permits a reduction in lot sizes without an increase in density of population or development, while at the same time providing for the protection of surrounding properties, persons and neighborhood value, and allows greater flexibility and creativity in the design and layout of residential and/or commercial development in order to:
(1)
Minimize alteration of or damage to the natural and cultural features and topography of the land;
(2)
Avoid undue adverse impacts of new development on existing homes and neighborhoods;
(3)
Preserve wooded areas and other undeveloped open land particularly along Town roads;
(4)
Reduce public costs for the maintenance of roads and other public infrastructure;
(5)
Reduce the amount of impervious surfaces caused by development; and
(6)
Preserve the existing rural appearance of the Town.
C.
Procedure. A landowner seeking to create a cluster development of land may file with the Commission an application for a special permit for cluster development. The application shall conform to the applicable requirements for a subdivision plan as set forth in the Commission's regulations for the subdivision of land[1] and the cluster development requirements contained herein and all other requirements of a special permit. If there is any conflict, this article shall control.
D.
Dimensional requirements. A special permit for cluster development may authorize the creation and use of lots meeting the following dimensional requirements in lieu of the conventional dimensional requirements:
(1)
Lot area. Each lot shall be at least of a size capable of supporting the construction of a single-family dwelling or primary use structure and its accessory structures in accordance with all applicable state and local regulatory requirements and the purposes of cluster development.
(2)
Frontage. The frontage of each lot for a building site created in a cluster development shall be that necessary to provide for adequate access to the lot. Where shared driveways or other circumstances provide adequate access to an individual lot, frontage may not be required.
(3)
Setbacks. All structures shall be set back a minimum of 20 feet from all lot lines; provided, however, that with respect to lot lines which abut land outside the cluster development, setbacks from said lot lines shall conform to the setback requirements applicable to conventional development in the underlying zoning district.
(4)
Density. The maximum number of lots for building sites in a cluster development shall not exceed the number of buildable lots which could be created through conventional development of the site.
E.
Standards. In reviewing an application for a special permit for cluster development, the Commission shall consider the extent to which the application meets the purposes of cluster development by satisfying the following standards:
(1)
The laying out of developed areas, roads, storm drains, sewage disposal systems, and utilities shall be in conformance with the natural features of the parcel, minimizing changes to the topography and maximizing the amount of preserved wooded areas and other open space.
(2)
The amount of land to be disturbed for the construction of buildings, driveways, septic systems, utilities, storm drainage systems, and roads shall be minimized.
(3)
Important natural and historic features of the land, as determined by the Commission, shall be protected.
(4)
The impacts of road and utility installations for each dwelling unit served shall be less than those generated by a conventional development of the same land.
(5)
The design, number, and location of curb cuts shall be such that any conflict with existing traffic flow is minimized.
(6)
Provision, satisfactory to the Commission, shall be made with regard to the ownership and maintenance of any and all private roads, common driveways, common land, or other common facilities within the cluster development.
(7)
The design shall minimize the size of developed areas.
(8)
The balance of the land not contained in the building lots or roadways shall be in condition, size and shape as to be readily usable for recreation or conservation and shall be reserved by one of the following means:
(a)
Conveyance of fee simple ownership to the Town of Ashford;
(b)
Creation of a conservation easement in favor of the Town of Ashford;
(c)
Creation of a conservation easement in favor of the Town of Ashford reserving specific agricultural rights as approved by the Commission;
(d)
Conveyance of fee simple ownership to a tax-exempt organization approved by the Commission;
(e)
Creation of a conservation easement in favor of a tax-exempt organization approved by the Commission with the consent of the applicant;
(f)
Conveyance of fee simple ownership to a Connecticut non-stock corporation of which all owners of land within the subdivision or resubdivision are members, along with a conservation easement in favor of the Town over the entire open space area; or
(g)
Any other method which accomplishes permanent dedication in accordance with the requirements set forth in this section.
§ 300-34 Temporary or portable storage containers.
A.
Purpose. The purpose of this regulation is to provide for the regulation and use of temporary or portable storage containers.
B.
General.
(1)
Portable storage containers shall remain on lots or parcels of land no longer than 16 consecutive calendar days and no more than 16 calendar days per calendar year. A certificate of zoning compliance is required. The owner of each portable storage container and the owner or occupant of a lot or parcel on which a portable storage container will be placed shall be jointly responsible for providing notice to the Zoning Enforcement Officer within 24 hours of the placement.
[Amended 5-10-2021]
(2)
The Commission may approve an extension by issuing a zoning permit up to 74 days beyond the initial 16 days, upon determining all of the following:
(a)
That a principal residential structure is damaged or dilapidated.
(b)
That the residential structure will undergo renovation, repair or reconstruction during the extension.
(c)
That a building permit has been issued for the renovation, repair or reconstruction, if required, and remains valid during the extension.
(d)
That the portable storage container will not be used to store nonresidential materials and equipment such as contractor's materials and equipment during the extension.
(e)
No more than two portable storage containers shall be located on a single lot or parcel of land.
(f)
No other type of container or shipping container is located on the same lot or parcel of land.
(3)
All such containers are temporary in nature.
C.
Restrictions.
(1)
No portable storage unit/pod shall exceed 20 feet in length.
(2)
Portable storage units shall never be utilized as accessory structures in any zone as they are intended to be temporary rentals.
(3)
No hazardous material or organic waste shall be placed in a portable storage unit/pod.
(4)
It shall be the responsibility of the applicant to ensure that the portable storage unit/pod is maintained in a good condition, free from evidence of deterioration, weathering, discoloration, rust, ripping, tearing or other holes or breaks.
(5)
Portable storage units/pods shall have no signage other than a serial number identifying the unit and the name, address and telephone number of the person or firm engaged in the business of renting or otherwise placing the portable storage unit/pod.
D.
Location, placement and condition of portable storage units/pods in residential zones. Portable storage units/pods may be located in the Residential - Agricultural Zone. Except as provide herein, they shall not be placed in a public area.
(1)
Unit location must be immediately adjacent to or in the property driveway at the furthest accessible point from the street. Final placement shall be to the satisfaction of the Zoning Enforcement Officer, taking into consideration existing setbacks, sight lines, slope of the land, aesthetics, other structures, safety issues and the like.
[Amended 5-10-2021]
(2)
Only two portable storage units/pods may be placed on a single-family residential property at one time.
(3)
No portable storage unit/pod located at a single-family residential property shall be used for the storage of construction debris, business inventory, commercial goods or goods for property other than the residential property where the unit is located. No material of any kind may be placed or stored outside the unit at any time. Upon reasonable notice to the applicant, the Commission may inspect the contents of any portable storage unit/pod for compliance with this section.
E.
Location, placement and conditions of portable storage units/pods in nonresidential districts. Portable storage units/pods may be located in the nonresidential zones, subject to the following:
(1)
Portable storage units/pods may be placed in nonresidential zoning districts only at a designated location as approved by the Commission. The allowable number of units shall be determined by the Commission pending site characteristics, lot area and location of unit/units.
(2)
Applicants for portable storage units in nonresidential zoning districts must demonstrate to the satisfaction of the Commission that the specific location/complex has sufficient space to place a unit or units and continue to provide adequate parking and public safety access and to comply with all health, safety and welfare concerns.
(3)
The unit/units shall be placed only in the rear or side portion of the site. Under no circumstances shall a unit be placed in an area fronting a street or road or in a grass/landscaped area or in the front parking lot of a commercial establishment. The placement of portable storage units/pods in fire lanes, passenger loading zones, commercial loading zones or public rights-of-way shall be strictly prohibited. Units shall not impede the flow of vehicle or pedestrian traffic on said property and shall not interfere with the ingress and egress from said property. Final placement shall be to the satisfaction of the Commission.
(4)
No portable storage unit/pod shall be used for the storage of construction debris or any goods or materials other than that of the commercial or industrial business where the unit is located. The items contained in the temporary portable storage pod shall be, including but not limited to, consistent with the products sold on site, seasonally appropriate merchandise, holiday goods, or goods that have become replaced inside the business for marketing purposes. Upon reasonable notice to the applicant, the Commission may inspect the contents of any portable storage unit or pod for compliance with this section.
§ 300-35 Recreational vehicles.
A.
Purpose. To provide regulations allowing for the use and storage of recreational vehicles in the Residential - Agricultural Zone.
B.
General. Except as otherwise provide in these regulations, recreational vehicles are allowed on private property within the Residential - Agricultural Zone for a period not to exceed 180 days in any twelve-month period.
[Amended 5-10-2021]
C.
Standards. The following standards apply to all recreational vehicles (RVs):
(1)
Recreational vehicles must remain readily mobile. Nothing may be attached to a recreational vehicle or placed in a manner that would prevent or hinder the immediate removal of the recreational vehicle.
(2)
Recreational vehicles must be placed at least six feet from all buildings.
(3)
The RV site and hookups to the RV must be in compliance with all applicable building, fire, electrical, mechanical and related codes.
(4)
The RV must have a current registration and/or vehicle license.
(5)
No more than one RV is permitted per parcel.
(6)
Recreational vehicles must be transported to a sanitary dump station as needed to empty gray water and toilet waste tanks.
D.
Temporary dwelling during construction of a single-family residence. An RV may be located as a temporary dwelling during the construction of a single-family dwelling on the same lot or parcel subject to the following conditions:
(1)
A valid building permit for the permanent single-family dwelling must be in effect during the entire time that the RV is located on the site.
(2)
The RV is connected to the sewage disposal system that will serve the single-family dwelling, unless other arrangements have been approved by the Eastern Highlands Health District.
[Amended 5-10-2021]
E.
Storage of unoccupied recreational vehicles.
(1)
A recreational vehicle that does not qualify as a junk vehicle and is owned by the occupant of a single-family dwelling may be stored outside on the same lot with the dwelling. Vehicles must be located on the lot such that they will not cause traffic sight obstructions or safety hazards and are subject to all side and rear yard setback requirements.
[Amended 5-10-2021]
(2)
Recreational vehicles parked on private property may not be leased to another party for use on that property.
§ 300-36 Floodplain protection.
A.
Purpose. The areas of special flood hazard are identified by the Federal Emergency Management Agency (FEMA) in its Flood Insurance Study (FIS) for Windham County, Connecticut, dated June 18, 2010, and accompanying Flood Insurance Rate Maps (FIRM) dated June 18, 2010. In order to protect life and property, the Flood Insurance Study and Flood Insurance Rate Maps and other supporting data applicable to the Town of Ashford, and any subsequent revision thereto, are hereby adopted by reference and declared to be a part of this section. Since mapping is legally adopted by reference into this section it must take precedence when more restrictive until such time as a map amendment or map revision is obtained from FEMA. For purposes of these regulations, "areas of special flood hazard" include any area on the FIRM designated as Zones A and AE, including areas designated as floodway on a FIRM. Areas of special flood hazard are determined utilizing the base flood elevations (BFE) provided on the flood profiles in the FIS for a community. The BFEs provided on a FIRM are only approximate (rounded up or down) and should be verified with the BFEs published in the FIS for a specific location. The Flood Insurance Study is on file at the office of the Town Clerk, Town Hall, Ashford, Connecticut. The regulatory flood protection elevation for any point in question shall be the governing factor in locating the regulated area.
[Amended 5-10-2021]
B.
Special permit. A special permit shall be obtained before construction or development begins within any area of special flood hazard. Application for a special permit shall be made in accordance with Article V of these regulations and as detailed in this section. In addition to the requirements set forth in Article V, the following information is required:
(1)
Elevation in relation to mean sea level of the lowest floor, including basement, of all structures.
(2)
Elevation in relation to mean sea level to which any structure is to be floodproofed.
(3)
Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing standards required by the applicable Building Code for the State of Connecticut.
[Amended 5-10-2021]
(4)
Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.
C.
Permitted uses.
(1)
The following uses may be permitted, as provided above, within an area of special flood hazard to the extent that they are permitted in the underlying zone:
(a)
All agricultural uses, provided that all structures are located outside the floodway.
(b)
Seasonal commercial uses, including open-air markets and drive-in theaters, provided that all structures are located outside the floodway.
(c)
Parking areas and loading areas, provided that all structures are located outside the floodway.
(d)
Nonstructural residential uses, including lawns, gardens, parking areas and play areas, provided that all structures are located outside the floodway.
(e)
Storage of low-cost, nonhazardous materials, provided that all structures are located outside the floodway.
(f)
Nonresidential buildings whose lowest floor is elevated one foot above the 100-year flood or is floodproofed to an elevation one foot above the 100-year flood, provided that all structures are located outside the floodway.
(g)
Residential buildings whose lowest floor, including basement, is elevated one foot above the 100-year flood, provided that all structures are located outside the floodway.
(h)
Uses or structures accessory to a permitted use.
(2)
In accordance with the authority granted by Title 8, Chapter 124, § 8-6, of the Connecticut General Statutes, no use variances shall be permitted in the Floodplain District.
§ 300-37 Security for completion of improvements.
A.
Purpose. It is the purpose of this section to ensure, in conjunction with approval of zoning permits and/or special permits, the completion of improvements that may reasonably be required by the Commission in the granting of said approvals.
B.
Performance bond for zoning permit.
(1)
As a condition of the approval of any zoning permit, the Commission shall require that the record owners of the subject property post a performance bond with the Town in an amount necessary to cover 100% of the actual costs to complete construction of any site improvements that will be conveyed to or controlled by the Town and the implementation of any erosion control measures required during construction activities, plus a contingency amount of 10% of such costs.
(2)
Prior to posting the bond, the party posting the bond shall submit to the Commission an estimate of the costs necessary to complete the items being bonded. Within 30 days thereafter, the Town Engineer shall review the estimate and advise the Commission of the amount of security recommended. Once posted, the amount of the bond may be reviewed periodically and adjusted by the Commission to account, if necessary, for inflation or any unanticipated increases in the cost of completion.
C.
Performance bond for special permit.
(1)
As a condition of the approval of any special permit, in addition to bonding for the items set forth in Subsection B above, the Commission shall require that the record owners of the subject property post a performance bond with the Town in an amount necessary to cover 100% of the actual costs to complete construction or implementation of any private site improvements, inspections and/or maintenance required by the Commission in connection with its approval, plus a contingency amount of 10% of such costs. Private site improvements may include but are not limited to drainage, septic facilities, landscaping, lighting, walkways and reclamation of property upon completion of the permitted activity.
(2)
Prior to posting the bond, the party posting the bond shall submit to the Commission an estimate of the costs necessary to complete the items being bonded. Within 30 days thereafter, the Town Engineer shall review the estimate and advise the Commission of the amount of security recommended. Once posted, the amount of the bond may be reviewed periodically and adjusted by the Commission to account, if necessary, for inflation or any unanticipated increases in the cost of completion.
D.
Types of bonding. To satisfy the bonding requirements of Subsections B and C above, the Commission may accept surety bonds and shall accept cash bonds, passbook or statement savings accounts, or letters or credit in form acceptable to the Commission, the Board of Selectmen and Town Counsel, and from financial institutions acceptable to the Commission and Board of Selectmen. Notwithstanding the foregoing, however, performance bonds in an amount of $5,000 or less shall not require review and approval from the Board of Selectmen.
E.
When to post bond.
(1)
For any bond required pursuant to Subsection B above, the person posting the bond may post the same at any time before all approved site improvements are completed, except that the Commission may require the bond for the erosion controls to be posted prior to the commencement of any of the site improvements.
(2)
For any bond required pursuant to Subsection C above, the person posting the bond shall post the same prior to commencing the work or activities authorized by the approval.
(3)
For any site plan that is approved for development in phases, the bonding provisions of this article shall apply as if each phase of development was approved as a separate site plan.
F.
Certificate of occupancy; administrative zoning permit.
(1)
No certificate of occupancy or administrative zoning permit shall be issued before a required bond is posted or the improvements that would otherwise be required to be bonded are completed to the reasonable satisfaction of the Commission.
(2)
In the event that certain private improvements shown on a site plan approved in connection with a zoning permit are required to be made prior to the issuance of a administrative zoning permit, and said private improvements are delayed due to weather conditions or other factors beyond the control of the party required to make those improvements, the party required to make the delayed improvements may, with the permission of the Commission, elect to post a bond to ensure completion of the same so as not to delay the issuance of a certificate of occupancy or administrative zoning permit. The bond shall be in an amount necessary to cover 100% of the costs of completion of the delayed improvements within not more than six months following the issuance of the certificate of occupancy or administrative zoning permit, plus a contingency amount of 10% of such costs.
G.
Maintenance bond.
(1)
Maintenance bonds may be required by the Commission to ensure that any improvement covered by a performance bond, once made, shall have been properly made and maintained and that any defects which do not appear immediately after completion of construction will be repaired or replaced. Such maintenance bonds shall be released or utilized, as the case may be, not more than one year following completion of the bonded improvements, as evidenced by the issuance of a certificate of occupancy or certificate of zoning compliance.
(2)
Notwithstanding anything herein to the contrary, the Commission shall not require a bond to finance the maintenance of roads, streets, retention or detention basins or other improvements approved with any site plan or special permit for more than one year after the date on which such improvements have been completed to the reasonable satisfaction of the Commission or accepted by the Town. Furthermore, the Commission shall not require the establishment of a homeowners' association or the placement of a deed restriction, easement or other similar encumbrance on property for the maintenance of approved public site improvements to be owned, operated or maintained by the Town.
H.
Reductions or releases of bond.
(1)
Any request for a release or reduction in the amount of any bond shall be submitted to the Commission in writing. Within 65 days or receipt of the request, the Commission or its agent shall:
(a)
Release or authorize the release of any such bond or portion thereof, provided the Commission or its agent is reasonably satisfied that the site improvements for which such bond or portion thereof was posted have been completed; or
(b)
Provide a written explanation as to the additional site improvements that must be completed before such bond or portion thereof may be released.
(2)
In addition, in order to obtain a reduction and/or release of bond, the person posting the bond shall submit an A-2 as-built survey prepared by a land surveyor or engineer licensed to practice in the State of Connecticut showing the completed improvements.
I.
Insufficiency of bond. If, for any reason, the performance bond is insufficient to pay for all costs of activities covered by the bond, the person posting the bond shall remain liable to the Town for any costs necessary to complete all such activities.
§ 300-38 Wireless telecommunication sites.
A.
Intent. The intent of this section is to regulate the placement, construction and modification of wireless telecommunication services within the Town of Ashford while protecting neighborhoods and minimizing the adverse visual and operational effects of wireless telecommunications facilities through careful design, siting and screening. More specifically, this regulation has been developed to:
(1)
Maximize use of existing and approved towers and other structures to accommodate new antennas and transmitters in order to reduce the number of communication towers needed to serve the community.
(2)
Encourage providers to co-locate their facilities on a single tower.
(3)
Minimize the location of facilities in visually sensitive areas.
(4)
Encourage creative design measures to camouflage facilities.
(5)
Protect historic and conservation sites and school and residential areas from potential adverse impacts of communication towers.
(6)
Avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures.
(7)
Screen towers and associated structures from roads and residential areas.
B.
Location preferences. The locations for siting equipment involved in receiving or transmitting electromagnetic waves associated with wireless telecommunication services are listed below, in order of preference:
C.
General requirements. In addition to the requirements set forth in Article V, the following information shall be required to be submitted with all applications for telecommunication towers:
(1)
The applicant shall provide a photograph simulation of the proposed wireless telecommunication site in order to help the Commission ascertain the visual impacts associated with such proposal and may be required to provide additional photographs from private and/or other specific locations.
(2)
The applicant shall provide a viewshed analysis showing all areas from which the tower will be visible within the Town of Ashford and within 1,000 feet of the tower in adjacent towns.
(3)
A design drawing, including cross section and elevation of all proposed towers, a description of the tower's capacity, including the number and type of antennas, and the minimum separation distances between antennas.
(4)
The location of all wireless telecommunication site (WTS) structures, including the tower, antenna locations if on an existing structure, equipment sheds or cabinets, the access road and utility easements.
(5)
Existing tower or structure height and design and location of the tower and antenna assembly.
(6)
The location and identification of all structures on or off the site which will be within 250 feet in commercial zones and 500 feet in residential zones of the proposed WTS.
(7)
The latitude and longitude of the proposed tower and/or antenna assembly.
(8)
The ground elevation at the tower or other structure foundation based on USGS data.
(9)
The location of other telecommunication facilities (proposed, under construction or existing) within the Town of Ashford and within five miles of the proposed facility.
(10)
The topography of the WTS and the area within the fall zone of the proposed tower and the access driveway surveyed to T-2 standards with two-foot contour intervals.
(11)
A plan showing where and how the proposed antenna will be affixed to a particular building or structure.
(12)
Details of all proposed antennas and mounting equipment, including size and color.
(13)
Elevation of all proposed shielding and details of materials, including color.
(14)
An elevation of all proposed equipment, buildings or cabinets and details of all proposed fencing, including color.
(15)
A report prepared by a licensed engineer indicating that the proposed WTS will not interfere with public safety communications.
(16)
A structural analysis must be provided with all new WTS proposals and any proposal for additional provider antennas on existing towers or other structures.
(17)
Proof that either the applicant or co-applicant holds a bona fide license from the Federal Communications Commission (FCC) to provide the telecommunication services that the proposed tower is designed to support.
(18)
A report or letter from the Federal Aviation Administration (FAA) or a licensed consulting aviation engineer stating that the proposed tower complies with all flight safety requirements.
(19)
A map depicting the extent of the provider's planned coverage within the Town of Ashford, the service area of the proposed wireless telecommunication site, and whatever information indicates that the proposed tower has been designed to minimize the visual impacts to the Town of Ashford.
(20)
Current color photographs from at least two directions of any existing structure to be used as a WTS.
(21)
A statement describing the service that this tower is expected to provide.
D.
Height and visibility limitations and area requirements.
(1)
The maximum height for any tower including all mounted antennas shall be 75 feet in the RA Zone and 180 feet in all other zones.
(3)
To ensure the safety of all abutting properties and residential buildings, all towers shall comply with the following minimum property line setbacks and separating distances:
(a)
In nonresidential zones setback requirements shall be a distance equal to 1 1/2 times the height of the tower (including antennas).
(b)
In residential zones the minimum front setback shall be 300 feet from the street line (both street lines on a corner lot). Minimum side and rear setbacks shall be 1 1/2 times the height of the tower.
(c)
All towers shall be located a minimum of 500 feet from an existing dwelling.
(d)
No tower shall be located within 500 feet of another tower.
(e)
All equipment buildings/cabinets or equipment areas shall comply with the minimum property line setbacks for a principal building in the underlying zone.
(f)
All towers shall be sited so as to minimize detrimental visual impacts.
(g)
No tower shall be visible from Warrenville or from any portion of Route 44 where the Mount Hope River Valley is visible.
(h)
No tower shall be visible from anywhere along Mansfield Road, Westford Road or Turnpike Road until it leaves the Mount Hope River Valley.
E.
Other requirements. The following requirements apply to all telecommunication towers:
(1)
No lights shall be mounted on towers unless otherwise required by the FAA.
(2)
Towers not requiring special FAA painting or markings shall be a noncontrasting blue, grey or other neutral color (acceptable to the Commission) which will best blend with the surrounding environment.
(3)
Landscape buffering shall be required in all zoning districts. Existing vegetation shall be preserved to the maximum extent possible. Landscaping shall be placed completely around the tower and ancillary facilities at ground level except as required to access the facility. Such landscaping shall consist of evergreen vegetation with a minimum planted height of six feet, placed densely so as to form an effective screen. Landscaping shall be compatible with other nearby landscaping and shall be kept healthy and well maintained.
(4)
The wireless telecommunication site (WTS) may not be used to exhibit any signage or other advertising except as may be required by other governmental licensing agencies or which may be required for public safety purposes.
(5)
Any proposed tower shall be designed in all respects to accommodate both the applicant's antennas and comparable antennas for at least two additional users if the tower is over 100 feet in height or for at least one additional comparable antenna if the tower is over 50 feet but less than 100 feet in height. The Commission may require the tower to be of such design as to allow for future rearrangements of antennas upon the tower and to accommodate antennas mounted at varying heights.
(6)
Antennas or equipment buildings/cabinets mounted to or on buildings or structures shall, to the greatest degree possible, blend with the color and design of such building.
(7)
No proposed wireless telecommunication site shall be designed, located or operated as to interfere with existing or proposed public safety communications.
(8)
The design of all wireless telecommunication sites shall comply with the standards promulgated by the FCC for nonionizing electromagnetic emissions.
(9)
If it is found by the Commission that any such proposed facility will have significant negative impact on the public health, safety, convenience, property values, aesthetics or the environment, it may not be approved.
(10)
All generators installed in conjunction with any WTS shall comply with all state and local noise regulations.
(11)
All towers and related equipment shall be enclosed within an area secured by at least a six-foot chain link (or comparable) fence. If barbed wire is to be used it shall begin at a point at least six feet above grade. These provisions may be modified by the Commission depending on specific site and facility design features.
(12)
If feasible (as determined by the Commission), the site access road shall be secured by a locked gate.
(13)
The lower 10 feet of towers shall be designed to prevent unauthorized access to the tower.
(14)
The height of the tower must be certified by a licensed engineer/surveyor before a certificate of occupancy will be issued.
(15)
The latitude and longitude of the tower or the antenna assemblies and as-built location of the tower on the site certified by a licensed surveyor must be submitted before a certificate of occupancy will be issued.
(16)
No permit shall be approved for a WTS within the flood hazard areas.
(17)
Each ancillary building shall contain not more than 150 square feet of gross floor area and shall be no more than eight feet in height.
[Amended 5-10-2021]
(18)
All utilities to the tower area shall be located underground.
(19)
The telecommunications tower owner or operator shall provide space for Town of Ashford agencies or emergency services departments if required.
F.
Facility maintenance. The applicant or operator shall maintain the wireless telecommunications facility in good condition. Maintenance shall include, but not be limited to, painting, structural repairs, landscaping and integrity of security measures. Site access shall be maintained to a level acceptable to the local Fire Chief and emergency medical services. The owner or operator shall be responsible for the cost of maintaining the system and any access road(s), unless accepted as a public way, and the cost of repairing any damage occurring as a result of the operation or construction.
G.
Abandonment.
(1)
A wireless telecommunication facility which has reached the end of its useful life or has been abandoned shall be removed. When the system is scheduled to be decommissioned, the applicant shall notify the Town by certified mail of the proposed date of discontinued operations and plans for removal. The owner/operator shall physically remove the facility no more than 150 days after the date of discontinued operations. At the time of removal, the site shall be restored to the state it was in before the facility was constructed or any other legally authorized use. More specifically, decommissioning shall consist of:
(a)
Physical removal of all wireless telecommunication facility structures, equipment, security barriers and transmission lines from the site.
(b)
Disposal of all solid and hazardous waste in accordance with state and federal waste disposal regulations.
(c)
Stabilization or revegetation of the site as necessary to minimize and prevent erosion. The Commission may allow the owner to leave landscaping or designated below-grade foundations in order to minimize erosion and disruption to vegetation.
(2)
Absent notice of a proposed date of decommissioning, the facility shall be considered abandoned when the system fails to operate for more than one year without the written consent of the Commission. If the applicant fails to remove the facility in accordance with the requirements of this section within 150 days of abandonment or the proposed date of decommissioning, the Town shall have the authority to enter the property and physically remove the facility and bill the owner of the system for such costs.
(3)
Prior to constructing any wireless telecommunication facility, the Commission may require, in accordance with § 300-37 (bonding), the applicant to post a bond to cover the reasonable costs of decommissioning the facility in accordance with the provisions of this section. The amount of the bond may be reviewed annually by the Commission and adjusted, if necessary, to cover said costs.
(4)
A permit issued pursuant to this regulation shall expire if:
(a)
The wireless telecommunication facility is not installed and functioning within 48 months from the date the permit is issued; or
(b)
The wireless telecommunication facility is abandoned. If there are two or more users of a single tower, the facility will not be considered abandoned until all users cease utilizing the tower.
§ 300-38.1 Cannabis establishments.
[Added 9-12-2022]
A.
Purpose. The purpose of this section is to allow for the comprehensive review and deliberation of cannabis establishments to ensure any cannabis establishment proposed is in harmony with and will not have a detrimental effect upon the surrounding area, and that both the operation and location are protective of public health and welfare.
B. CANNABIS ESTABLISHMENT CANNABIS HYBRID RETAILER CANNABIS RETAILER CULTIVATOR FOOD AND BEVERAGE MANUFACTURER MICRO-CULTIVATOR PRODUCER PRODUCT MANUFACTURER PRODUCT PACKAGER
Definition of terms. For the purposes of this section only, the terms referred to herein shall be defined and used as outlined and defined in P.A. 21-1 (S.B. 1201), as amended.[1]
A nonprofit, person(s) or business entity otherwise engaged in an activity which would be defined as a "producer," "dispensary facility," "cultivator," "micro-cultivator," "retailer," "hybrid retailer," "food and beverage manufacturer," "product manufacturer," and "product packager" by P.A. 21-1 (S.B. 1201).
A person that is licensed to purchase cannabis and sell cannabis and medical marijuana products.
A person, excluding a dispensary facility and hybrid retailer, that is licensed to purchase cannabis from producers, cultivators, micro-cultivators, product manufacturers and food and beverage manufacturers and sell cannabis to consumers and research programs.
A person that is licensed to engage in the cultivation, growing and propagation of the cannabis plant at an establishment with no less than 15,000 square feet of grow space.
A person that is licensed to own and operate a place of business that acquires cannabis and creates food and beverages.
A person licensed to engage in the cultivation, growing and propagation of the cannabis plant at an establishment containing not less than 2,000 square feet and not more than 10,000 square feet of grow space, prior any expansion authorized by the Commissioner of DCP.
A person that is licensed as a producer pursuant to Section 21a-408i of the Connecticut General Statutes and any regulations adopted thereunder.
A person that is licensed to obtain cannabis, extract and manufacture products exclusive to such license type.
A person that is licensed to package and label cannabis.
[1]
Editor's Note: See C.G.S. § 21a-420.
C.
Cannabis establishments allowed by special use permit. Cannabis establishments may be permitted in nonresidential zones, subject to the standards specified herein in addition to the standards set forth in § 300-23 of these regulations.
Cannabis Establishment Type | GC | IID |
|---|---|---|
Retailer, hybrid retailer, dispensary facility | SP | SP |
Cultivator | SP | SP |
Micro-cultivator | SP | SP |
Food and beverage manufacturer | SP | SP |
Product manufacturer | SP | SP |
Product packager | SP | SP |
Producer | SP | SP |
D.
Cannabis retailers, hybrid retailers and dispensaries.
(1)
All retail establishments shall meet the following criteria:
(a)
Shall not be located within 1,000 feet of any other cannabis establishment as defined herein or within 500 feet of any child day-care facility, park, playground, school or church when measured using a direct line between any part of the permit premises and any part of a lot used as such.
(b)
Hours of operation will be limited to no earlier than 8:00 a.m. nor later than 9:00 p.m.
(c)
No consumption of any cannabis product may take place on site.
E.
Cultivation and production establishments.
(1)
All cultivation and production establishments shall be reviewed in accordance with the following criteria:
(a)
All activity shall be conducted within a permanent building.
(b)
A building or portion thereof containing a cultivation and/or production use shall not be located within 750 feet of a residential structure or within 1,000 feet of any other cannabis establishment as defined herein.
(c)
Limited retail may be allowed in accordance with state licensing, provided the request is made at the time of application to the Town or, following initial approval, a new special permit is sought.
F.
Accessory/Co-located uses. Limited retail, manufacturing and/or packaging of cannabis products may be allowed in accordance with the State of Connecticut licensing requirements, provided such request is made at the time of application. If a special permit for a cultivation establishment has been issued, a modification of the special permit will be required to establish and/or co-locate an additional cannabis related use on the property.
G.
Conditional approval. In addition to any conditions imposed pursuant to § 300-23 of the regulations, all special permits for cannabis establishments shall be subject to the following conditions:
(1)
Special permits shall be approved with the condition that the applicant continuously maintains all necessary approvals required by the State of Connecticut for the duration of the operation.
(2)
The conditional approval shall not be considered fully executed until a copy of the state-issued license has been provided to the Land Use Office. Such approval must be filed with the Town within six months of the issuance of the special permit.
(a)
The Zoning Officer may issue not more than two six-month extensions to this requirement, provided the applicant can demonstrate that an application has been filed with the Department of Consumer Protection and the expected decision date will fall within the timeframe of the extension.
(3)
No entity shall commence operations, sales or advertisements without a valid, current license from the state and fully executed special permit from the Town.