Beacon Falls, CT Zoning Ordinance

Statement of use. A written statement describing the proposed use in sufficient detail to determine compliance with the use provisions of these regulations and the performance standards of Article 61; four copies shall be submitted.

Site plan. Four copies of a site plan, in accordance with the provisions of Article 8.

Architectural plans. Four copies of architectural plans, which may be in preliminary form, in accordance with the provisions of Article 8.

Waiver. The Commission, upon written request by the applicant, may by resolution waive the required submission of that part of the information specified under Subsection A(2) and (3) which pertains to existing buildings or structures and/or site development that is not proposed to be altered or changed if the Commission finds that the information is not necessary in order to decide on the application.

Additional information. The Commission reserves the right to require the applicant to furnish such additional information as the Commission may deem necessary in processing any application hereunder.

Expert review. Where it has been determined by the Commission that it must consult with experts to analyze, review and report on areas requiring a detailed peer review to assist the Commission in evaluating the effect of a proposal on the Town, the Commission shall require the applicant to pay these costs. These fees will be paid to the Town for the Commission's uses prior to proceeding on the application based on a preliminary estimate from such experts, multiplied by 150%. Upon completion of the technical review and full accounting of the charges owed or paid, all excess funds will be returned to the applicant.

[Added 8-18-2022]

§ 380-51.3 Time frame; considerations for approval.

[Amended 9-21-1999]

A certificate of zoning compliance granted under this article shall be valid only if execution of the plan is substantially underway within a period of 18 months of the date of approval and is completed within a reasonable time thereafter. In acting upon an application, the Commission shall consider the following regarding the acceptability of the proposed site plan:

General. The proposed use, buildings and other structures, including outside storage areas, site development, and off-street parking and loading, shall conform to all of the requirements of these regulations, including those hereinafter set forth.

Neighborhood. The site plan and architectural plan shall be related harmoniously to the terrain and to existing buildings in the vicinity that have a visual relationship to the proposed buildings. They shall aspire to accomplish the transition in character between areas of unlike character, to protect property values, and to preserve and enhance the appearance and beauty of the community. Considerations may include the enclosure of space in conjunction with other existing buildings and the creation of focal points with respect to avenues of approach, terrain features and other buildings.

Landscape. The landscape shall be preserved in its natural state insofar as practical by minimizing tree and soil removal, and any grade changes shall be in keeping with the general appearance of neighboring developed areas.

Drives, parking and circulation. With respect to vehicular and pedestrian circulation, including walkways, interior drives and parking, special attention shall be given to location and number of access points to avoid undue hazards to traffic and undue traffic congestion on any public or private street, to general interior circulation, separation of pedestrian and vehicular traffic, and arrangement of parking areas that are safe and convenient and, insofar as practical, do not detract from the design of proposed buildings and structures in the neighboring property.

Utility service. Electric and telephone lines shall be underground. The proposed method of sanitary sewerage shall be indicated and shall be in accordance with applicable standards of the Director of Health of the Town, the Connecticut State Health Department and the Connecticut Department of Energy and Environmental Protection.

Paving and drainage. All off-street parking and loading areas and driveways shall be suitably paved and shall be drained so that the removal of surface area waters will not adversely affect neighboring properties or the public storm drainage system. Stormwater shall be removed from all roofs, canopies and paved areas and carried away in an underground drainage system. Surface water shall be collected at intervals so that it will not obstruct the flow of vehicular or pedestrian traffic and will not create puddles in the paved area.

Advertising features. The size, location, design, color, texture, lighting and materials of all permanent signs and outdoor advertising structures or features shall not detract from the design of proposed buildings and structures and the surrounding properties.

Special features. Exposed storage areas, exposed machinery installations, service areas, truck loading area, utility buildings and structures and similar accessory areas and structures shall be subject to such setbacks, screen planting or other screening methods as shall reasonably be required to prevent their being incongruous with the existing or contemplated environment and the surrounding properties.

Effect on residential areas. Adequate natural screening and buffer zones shall be provided to substantially insulate the proposed use, buildings and other structures, including outside storage areas, off-street parking and loading, from adjacent residential areas and to substantially block the view of the foregoing from the first-floor windows of existing residences immediately adjacent thereto. Outdoor illumination, including signs, shall strictly comply with Article 63 of these regulations and shall not glare in the windows of any adjacent residences.

Off-site improvements. The Commission may consider off-site improvements in cases where the reasonable and necessary need for such improvements is created by the proposed subdivision plan, and such off-site improvements would not be necessary except for the proposed subdivision plan. The Commission may require such off-site improvements and require the applicant, at the applicant's sole expense, to provide for and construct such off-site improvements as if they were on-site improvements, including development of public roads contiguous to the land being developed, subject further to Board of Selectmen review and approval as, and when, otherwise required by ordinance.

Application. The standards herein contained shall also apply to all accessory (from Subsection J) buildings, structures, freestanding signs and other site features, however related to the major buildings or structures.

§ 380-51.4 Action on application.

The Commission may approve, disapprove or approve with modification an application to develop land under this article. When acting to approve any application, the Commission shall file with the Town Clerk at least one copy of the approved site plan showing the Commission's modifications, if any, and no development or significant alteration shall be permitted except in conformity with an approved plan.

§ 380-51.5 Performance bond.

Before approval by the Commission, the applicant shall post a performance bond in the form and amount satisfactory to the Commission, and with a bonding company licensed to do business in the State of Connecticut, as surety conditioned on the carrying out of the above conditions and any other safeguards imposed, and providing that, in case of default, the surety shall promptly take any and all steps necessary to comply with said conditions. The bond furnished hereunder shall contain a provision that the surety will not release said bond until all the work called for therein has been performed to the satisfaction of the Commission and the Commission has so notified the surety. In lieu of the surety bond specified in this section, the applicant may post a cash bond in the form and amount satisfactory to the Commission.

§ 380-51.6 Severability.

[Amended 9-21-1999]

Each subsection and subpart of Article 51 is independent and severable, and if any subsection or subpart of Article 51 is held invalid, the remaining subsections or subparts of Article 51 shall continue in effect.

§ 380-52.1 General.

In accordance with the procedures, standards and conditions hereinafter specified, the Commission may approve a special exception in a district where such uses are listed. All requirements of this article are in addition to other requirements applicable in the district in which the special exception use is to be located.

§ 380-52.2 Purpose.

Uses permitted as special exception uses subject to the approval of the Commission are deemed to be permitted uses in their respective districts, subject to the satisfaction of the requirements and standards of this article. Special exception uses that may be permitted in a district are unusual uses that under favorable circumstances will be appropriate, harmonious and desirable uses in the district but that possess such special characteristics that each use should be considered as an individual case.

§ 380-52.3 Application.

[Amended 4-19-2001]

Contents. Application for a special exception shall be submitted in writing to the Commission, shall be accompanied by an application for a certificate of zoning compliance and shall also be accompanied by the following (see Chapter 203, Article II, for fees):

Site plan. Four copies of a site plan, in accordance with the provisions of Article 8.

Architectural plans. Four copies of architectural plans, which may be in preliminary form, in accordance with the provisions of Article 8.

Waiver. The Commission, upon written request by the applicant, may by resolution waive the required submission of that part of the information specified under Subsection A(2) and (3) which pertains to existing buildings, structures and/or site development that is not proposed to be altered or changed if the Commission finds that the information is not necessary in order to decide on the application.

§ 380-52.4 Procedure.

The Commission shall hold a public hearing on the application, shall decide thereon and give notice of its decision as required by law. The applicant may consent, in writing, to any extension of the time for public hearing and action on the application.

§ 380-52.5 Approval.

After the public hearing, the Commission may approve a special exception if it shall find that the proposed use and the proposed buildings and structures will conform to the general standards, in addition to any special standards for particular uses hereinafter specified. Approval of an application under this article shall constitute approval conditioned upon completion of the proposed development, in accordance with plans as approved, within a period of two years after the date of approval of the application for a certificate of zoning compliance. One extension of such period for an additional period not to exceed one year may be granted by the Commission for good cause. All special exceptions may be approved subject to appropriate conditions and safeguards necessary to conserve the public health, safety, convenience, welfare and property values in the neighborhood.

§ 380-52.6 Criteria for approval.

[Amended 3-15-2009]

The Commission shall approve an application for a special use permit only if it finds that the proposed development meets the following criteria:

The proposed development shall be of such location, size and character that, in general, it will be in harmony with the appropriate and orderly development of the area in which it is proposed to be situated and will not be detrimental to the orderly development of adjacent properties.

The location and size of proposed uses, the intensity of operations involved in connection with such uses, the site layout, and their relationship to access streets shall be such that vehicular and pedestrian traffic generated by the use or uses shall not be detrimental to the character of the neighborhood.

The proposed development will not hinder or discourage the appropriate development and use of adjacent land and buildings or impair the value thereof.

The proposed uses permit the development of the site without the destruction of valuable natural assets or pollution of lakes, streams, and other water bodies while providing the best possible design of structures and land uses compatible with the shape, size, and topographic and natural character of the site.

The proposed development will be compatible with the existing and future character of the neighborhood in which the development is to be located. Particular attention shall be paid to the type and density of adjacent residential development, the character and uniqueness of the natural resources of the neighborhood, the character and use of existing highway facilities, and the Plan of Conservation and Development.

The location and character of buildings shall create a harmonious grouping and shall be compatible with surrounding structures.

The proposed development shall not create traffic safety hazards or congestion not consistent with the character of the community. Any improvements to public roads necessitated by the proposed development shall be the responsibility of the developer.

The proposed development shall be of a superior site and architectural design that enhances the surrounding neighborhood environment.

The public water supply facilities and facilities for the disposal of sanitary waste have sufficient capacity to accommodate the needs of the proposed development.

The proposed development shall have a positive impact on the overall economy of the community.

The nature and location of the use and of any building or other structure shall be such that there will be adequate access to it for fire-protection purposes.

§ 380-52.7 Special standards.

[Amended 2-15-2001; 6-20-2024, effective 8-8-2024; 12-19-2024, effective 1-3-2025]

The proposed use and the proposed buildings and structures shall also conform to the following special standards:

Roadside stands. Roadside stands shall not exceed a maximum ground coverage of 400 square feet and shall be provided with at least one off-street parking space for each 50 square feet of ground coverage.

Child care center. Child care centers shall conform to the following special standards:

The use shall be limited to daytime group-care programs for children.

The application shall be accompanied by a report from the Director of Health of the Town, attesting that the proposed location, site plan, buildings and facilities comply in all respects with applicable Town and state health laws and regulations and will be adequate, safe and suitable for the intended use.

The special exception shall be granted for a limited period of time, not to exceed five years, which may be renewed on application to the Commission for successive five-year periods.

Convalescent homes and hospitals. Convalescent homes, private hospitals and sanataria shall be licensed by the State of Connecticut and shall conform to the following special standards:

The use shall be located on a lot having a minimum area of 10 acres, and there shall be no more than one patient bed for each 5,000 square feet of lot area.

No building or other structure established in connection with such use shall extend within less that 100 feet of any property or street line.

The use shall be served by adequate water supply and septic system or sewer.

The use shall comply in all respects with applicable laws and regulations of the State of Connecticut.

(5)

The application shall be accompanied by a report from the Director of Health of the Town, attesting to the adequacy of the proposed location, site plan, buildings and facilities for its intended use.

(6)

The application shall be accompanied by a report from the Fire Marshal, attesting as to the safety of the proposed location, site plan, buildings and facilities.

Clubs. Golf, tennis, swimming, or other similar clubs shall be located on a lot of not less than 10 acres, and no building, structure or recreation facility established in connection with such use shall extend within less than 100 feet of any property or street line.

Commercial kennels and stables. Commercial kennels, livery and boarding stables and riding academies shall be located on a lot of not less than 10 acres. Dogs shall be kept in buildings, enclosures or runs located not less than 200 feet from any property or street line. Any building in which livestock are kept shall be located not less than 100 feet from any property or street line.

Public utility substations. Public utility substations and telephone equipment buildings shall conform to the following special standards: Any equipment or utility facilities not located in a building shall be enclosed on all sides by evergreen shrubs or trees or by buildings, fences, walls or embankments so as to be screened from view from any other lot or from any street.

Adult-oriented establishments. Due to the established negative impact of adult-oriented establishments in an area, as cited in the Town of Plainfield study (a copy of which is included with the public documents for these regulations), such establishments are allowed only with strict compliance with these regulations. Adult-oriented establishments shall be allowed as a special exception in permitted zones subject to the following restrictions:

Every adult-oriented establishment doing business in the Town shall be well-lighted at all times and be physically arranged in such a manner that the entire interior portion of the booths, cubicles, rooms or stalls wherein adult entertainment is practiced shall be clearly visible from the common area of the premises. Visibility into such booths, cubicles, rooms or stalls shall not be blocked or obscured by doors, curtains, partitions, drapes, or any other obstruction whatsoever. It shall be a violation of these regulations to install enclosed booths, cubicles, booths or stalls within adult-oriented establishments for any purpose in any way related to providing for the secluded viewing of adult-oriented motion pictures or any other types of adult-oriented entertainment.

Any room or other area used for the purpose of viewing adult-oriented motion pictures or live adult entertainment shall be well-lighted and readily accessible at all times and shall be continuously open to view in its entirety. Any premises or other area used for the purpose of viewing adult-oriented motion pictures or other types of live adult entertainment shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access at an illumination of not less than one footcandle as measured at the floor level. Such lighting systems shall not have dimmer switches installed in them allowing the lights to be operated at less than full intensity.

Architectural plans included with the application for a special exception for an adult-oriented establishment shall include a detailed rendition of interior spaces, the position of any stages or booths, and a detailed lighting plan describing the types and positions of overhead lighting fixtures as well as the illumination provided at floor level by the proposed lighting system. Such lighting plan shall describe the sources used in determining the floor-level illumination.

No application for an adult-oriented establishment shall be approved if located within 350 feet of any existing residential zone, industrial zone, school, public recreation facility, child care center, church or other place of worship.

Indoor commercial recreation.

Precautions shall be taken to ensure public health and safety for the proposed use in the Industrial Park District. The Commission may require that the application include a report from the Health Director, Building Official, Fire Marshal, and/or Police Chief attesting that the proposed location, site plan, buildings and facilities will be adequate, safe, and suitable for the intended use.

Traffic impact studies and traffic mitigation plans may be required by the Commission to determine that there are no adverse traffic impacts on public roads or within existing multiple-use building parking lots.

Security and safety measures may be required by the Commission for the management of patrons during peak hours, including times prior to the opening of doors and after events on-site and on Town sidewalks and streets.

ADDITION (to an existing building)

Interior and exterior lighting, including signs, shall not be of such intensity or located or directed in such a way as to produce glare or discomfort on public streets or spill light onto neighboring properties.

(5)

The special exception shall be granted for a limited period of time not to exceed five years, which may be renewed on application to the Commission for successive five-year periods.

§ 380-53.1 Statutory authorization.

The Legislature of the State of Connecticut has in § 7-148(c)(7) of the General Statutes delegated the responsibility to local governmental units to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry.

§ 380-53.2 Findings of fact.

The flood hazard areas of Beacon Falls, Connecticut, are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare.

These flood losses are caused by the cumulative effect of obstructions in floodplains causing increases in flood heights and velocities, and by the occupancy in flood hazard areas by uses vulnerable to floods or hazardous to other lands which are inadequately elevated, floodproofed, or otherwise unprotected from flood damages.

§ 380-53.3 Statement of purpose.

It is the purpose of this regulation to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:

Restrict or prohibit uses which are dangerous to health, safety and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities;

Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;

Control the alteration of natural floodplains, stream channels, and natural protective barriers which are involved in the accommodation of floodwaters;

Control filling, grading, dredging and other development which may increase erosion or flood damage; and

Prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards to other lands.

§ 380-53.4 Objectives.

The objectives of this regulations are:

To protect human life and health;

To minimize expenditures of public money for costly flood control projects;

To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

To minimize prolonged business interruptions;

To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone, and sewer lines, streets and bridges located in floodplains;

To help maintain a stable tax base by providing for the sound use and development of flood-prone areas in such a manner as to minimize flood blight areas; and

[Amended 2-15-2024]

To ensure that potential home buyers are notified that property is in a flood area.

§ 380-53.5 Definitions. [1]

Unless specifically defined below, words or phrases used in this regulation shall be interpreted so as to give them the meaning they have in common usage and to give this regulation its most reasonable application. As used in this article, the following terms shall have the meanings indicated:

Any walled and roofed expansion to the perimeter of a building in which the addition is connected by a common load-bearing wall other than a fire wall. Any walled and roofed addition which is connected by a fire wall or is separated by independent perimeter load-bearing walls is a new/separate structure.

APPEAL

A request for a review of the Planning and Zoning Commission's interpretation of any provision of this regulation or a request for a variance.

AREA OF SPECIAL FLOOD HAZARD

The land in the floodplain within a community subject to a 1% or greater chance of flooding in any given year.

BASE FLOOD

The flood having a 1% chance of being equaled or exceeded in any given year.

BASEMENT

That portion of a building having its floor subgrade (below ground level) on all sides.

BUILDING

Any structure built for support, shelter, or enclosure for any occupancy or storage.

DEVELOPMENT

Any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavating, drilling operations, or permanent storage of equipment or materials.

ELEVATED BUILDING

A nonbasement building built to have the lowest floor elevated above the ground level by means of fill, solid foundation perimeter walls, pilings, columns (posts and piers), shear walls, or breakaway walls.

FLOOD or FLOODING

A general and temporary condition of partial or complete inundation of normally dry land areas from:

The overflow of inland or tidal water;

The unusual and rapid accumulation or runoff of surface waters from any source.

FLOOD BOUNDARY AND FLOODWAY MAP (FLOODWAY)

The official map on which the Federal Emergency Management Agency has delineated the boundaries of the floodway.

FLOOD INSURANCE RATE MAP (FIRM)

An official map of a community on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.

FLOOD INSURANCE STUDY (FIS)

The official report from the Federal Emergency Management Agency (FEMA) which contains examination, evaluation, and determination of flood hazards and, if appropriate, corresponding water surface elevations.

FLOODWAY

The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.

[Amended June 1997]

FLOOR

The top surface of an enclosed area in a building (including basement), i.e., top of slab in concrete slab construction or top of wood flooring in wood frame construction. The term does not include the floor of a garage used solely for parking vehicles.

FUNCTIONALLY DEPENDENT FACILITY

A facility which cannot be used for its intended purpose unless it is located in close proximity to water, such as a docking or port facility necessary for the loading and unloading of cargo or passengers, shipbuilding, ship repair, or seafood processing facilities. The term does not include long-term storage, manufacture, sales, or service facilities.

LOWEST FLOOR

The lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area is not considered a building's lowest floor.

MANUFACTURED HOME

A structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. The term also includes park trailers, travel trailers, recreational vehicles and other similar transportable structures placed on a site for 180 consecutive days or longer and intended to be improved property.

MANUFACTURED HOME PARK OR SUBDIVISION

A parcel, or contiguous parcels, of land divided into two or more manufactured home lots for rent or sale.

MEAN SEA LEVEL

For purpose of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced.

NATIONAL GEODETIC VERTICAL DATUM (NGVD)

As corrected in 1929, is a vertical control used as a reference for establishing varying elevations within the floodplain.

NEW CONSTRUCTION

Structures for which the start of construction commenced on or after the effective date of this regulation (not the revision date), and including any subsequent improvements to such structure.

RECREATIONAL VEHICLE

A vehicle which is:

[Amended June 1997]

Built on a single chassis;

Four hundred square feet or less when measured at the longest horizontal projections;

Designed to be self-propelled or permanently towable by a light-duty truck; and

Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

START OF CONSTRUCTION

Includes substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, or improvement was within 180 days of the permit date. The actual start means the first placement of permanent construction of a structure (including a manufactured home) on a site, such as the pouring of slabs or footings, installation of piles, construction of columns, or any work beyond the stage of excavation or placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

STRUCTURE

A walled and roofed building that is principally above the ground, a manufactured home, a gas or liquid storage tank, or other man-made facilities or infrastructure.

SUBSTANTIAL IMPROVEMENT

Any combination of repairs, reconstruction, alteration, or improvements to a structure taking place over a one- to five-year period in which the cumulative cost equals or exceeds 50% of the market value of the structure. The market value of the structure should be the appraised value of the structure using the cost approach to value method (based upon the value of depreciated replacement cost of the structure, using current rates for materials, equipment and labor) prior to the start of the initial repair or improvement or, in the case of damage, the value of the structure prior to the damage occurring. The term does not, however, include any project for improvement of a structure required to comply with existing health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions.

VARIANCE

A grant of relief from the requirements of the regulation which permits construction in a manner otherwise prohibited by this regulation where specific enforcement would result in unnecessary hardship.

WATER SURFACE ELEVATION

The height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929 (or other datum, where specified), of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.

Editor's Note: The following terms were deleted from this section 9-7-1994 as inapplicable to the Town: "area of shallow flooding," "breakaway wall," "Flood Hazard Boundary Map (FHBM)," "highest adjacent grade" and "sand dunes." The term "coastal high hazard area" was deleted April 1997.

§ 380-53.6 General provisions.

Lands to which this regulation applies. This regulation shall apply to all areas of special flood hazard within the jurisdiction of the Town of Beacon Falls, Connecticut.

Basis for establishing the areas of special flood hazard. The areas of special flood hazard are identified by the Federal Emergency Management Agency (FEMA) in its Flood Insurance Study (FIS) for New Haven County Connecticut dated December 17, 2010; accompanying Flood Insurance Rate Maps (FIRM) dated December 17, 2010; and other supporting data applicable to the Town of Beacon Falls, and any subsequent revisions thereto, are adopted by reference and declared to be part of this regulation. Since mapping is legally adopted by reference into this regulation, it must take precedence when more restrictive until such time as a map amendment or map revision is obtained from FEMA. Areas of special flood hazard are determined utilizing the base flood elevations (BFEs) provided on the flood profiles in the Flood Insurance Study (FIS) for a community. Base flood elevations (BFEs) provided on the Flood Insurance Rate Map (FIRM) are only approximate (rounded up or down) and should be verified with the BFEs published in the FIS for a specific location.

Establishment of floodplain management. A development permit shall be required in conformance with the provisions of this regulation prior to the commencement of any development activities.

Compliance. No structure or land shall hereafter be located, extended, converted or structurally altered without full compliance with the terms of this regulation and other applicable regulations.

Abrogation and greater restrictions. This regulation is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this regulation and another conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

Interpretation. In the interpretation and application of this regulation, all provisions shall be:

Considered as minimum requirements;

Liberally construed in favor of the governing body; and

Deemed neither to limit nor repeal any other powers under state statutes.

Warning and disclaimer of liability. The degree of flood protection required by this regulation is considered reasonable for regulatory purposes and is based on scientific and engineering consideration. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This regulation does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damage. This regulation shall not create liability on the part of the Town of Beacon Falls, Connecticut, or any officer or employee thereof for any flood damages that result from reliance on this regulation or any administrative decision lawfully made thereunder.

§ 380-53.7 Administration.

The Planning and Zoning Commission is hereby appointed to administer and implement the provisions of this regulation.

§ 380-53.8 Permit procedures.

Application for approval of a development in a floodplain shall be submitted to the Planning and Zoning Commission, and it shall include the following (see Chapter 203, Article II, for fees):

[Amended 4-19-2001]

Three black-and-white prints of a plot plan of the premises, drawn to scale and certified by a licensed land surveyor and civil engineer, showing the actual shape and dimensions of the lot, the size and location of all existing and proposed structures and land uses, the layout of parking and loading facilities, where applicable, and access thereto, existing and proposed grades and the floodplain limits. Additional requirements:

Elevation in relation to mean sea level of the proposed lowest floor (including basement) of all structures; description of the extent to which any watercourse will be altered or relocated as a result of proposed development; a statement whether or not alterations to an existing structure meet the criteria of the substantial improvement definition; a statement as to whether there will be dry vehicular access to residential structures during the 100-year storm event; certification as to the provisions of § 380-53.11B governing fully enclosed areas below base flood elevation, if the minimum design criteria of § 380-53.11B(1), (2), and (3) are not used; and certification as to compliance with the floodway standards.

Such other information as required by the Planning and Zoning Commission to determine compliance with this regulation.

The Planning and Zoning Commission shall:

Review all permit applications to determine whether proposed building sites will be reasonably safe from flooding.

Review all development permits to assure that the permit requirements of this regulation have been satisfied.

Advise the permittee that additional federal or state permits may be required and, if specific federal or state permit requirements are known, require that copies of such permits be provided and maintained on file with the development permit, possibly including but not limited to Coastal Area Management Permit, Water Diversion, Dam Safety, Corps of Engineers 404.

Notify the regional planning agency and the affected municipality at least 35 days prior to the public hearing if any change of regulation or use of a flood zone will affect an area within 500 feet of another municipality.

(5)

Notify adjacent communities and the Department of Energy and Environmental Protection, Water Resources Unit, prior to any alteration or relocation of a watercourse and submit evidence of such notification to the Federal Emergency Management Agency.

(6)

Assure that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished.

(7)

When base flood elevation data or floodway data has not been provided in accordance with § 380-53.6B, then the Planning and Zoning Commission shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source in order to administer the provisions of § 380-53.9.

All records pertaining to the provisions of this regulation shall be maintained in the office of the Planning and Zoning Commission. Upon completion of the applicable portion of construction, the applicant shall provide the Building Official with verification of the as-built "lowest floor elevation," defined as the top of the lowest floor area (including basement).

§ 380-53.9 General standards.

In all areas of special flood hazard, the following provisions are required:

New construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure;

New construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage;

New construction or substantial improvements shall be constructed by methods and practices that minimize flood damage;

Electrical, heating, ventilation, plumbing, air-conditioning equipment, and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding;

New and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system;

New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the system into floodwaters;

On-site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding;

Manufactured homes. All manufactured homes to be placed or substantially improved shall be installed using methods and practices that minimize flood damage. They shall also be elevated and anchored to resist flotation, collapse and lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties;

In any portion of a watercourse which is altered or relocated, the flood-carrying capacity shall be maintained; and

A structure already in compliance with the provisions of this regulation shall not be made noncompliant by any alteration, repair, reconstruction or improvement to the structure.

§ 380-53.10 Standards for stream without established base flood elevations and/or flooding.

Obtain, review and reasonably utilize[1] any base flood elevation and floodway data available from a federal, state or other source, including data developed pursuant to § 380-53.11A(1) of this regulation, as criteria for requiring that new construction, substantial improvements, or other development in Zone A on the community's FIRM meet the standards in §§ 380-53.11A(1), B and C and 380-53.13.

Editor's Note: So in original.

§ 380-53.11 Standards for areas of special flood hazard.

In all areas of special flood hazard, Zones A1-A30, AE and AH, where base flood elevation data has been provided, as set forth in § 380-53.6B, the following provisions are required:

Specific standards.

Residential construction. New construction or substantial improvement of any residential structure shall have the lowest floor, including basement, elevated at least two feet above base flood elevation.

Nonresidential construction. New construction or substantial improvement of any commercial, industrial, or nonresidential structure located in Zones A1-30, AE and AH shall have the lowest floor, including basement, elevated at least two feet above the level of the base flood elevation.

Manufactured homes.

All manufactured homes, including mobile homes placed on a site for 180 consecutive days or longer, to be placed or substantially improved shall be elevated so that the lowest floor is about the two feet[1] above base flood elevation.

[Amended June 1997]

Editor's Note: So in original.

It shall be placed on a permanent foundation which itself is securely anchored so that it will resist flotation, lateral movement, and hydrostatic and hydrodynamic pressures. Anchoring may include, but not be limited to, the use of over-the-top or frame ties to ground anchors.

It shall be installed using methods and practices which minimize flood damage.

Fully enclosed areas below base flood elevation. New construction or substantial improvements to buildings that include fully enclosed areas formed by foundation and other exterior walls below the base flood elevation shall be designed to allow for the entry and exit of floodwaters to automatically equalize hydrostatic flood forces on exterior walls.

Designs for complying with this requirement must either be certified by a professional engineer or architect or meet the following minimum criteria:

Provide a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding;

The bottom of all openings shall be not higher than one foot above grade; and

Openings may be equipped with screens, louvers, valves or other coverings or devices, provided they permit the automatic flow of floodwaters in both directions.

Electrical, plumbing and other utility connections are prohibited below the base flood elevation.

Access to the enclosed area shall be the minimum necessary to allow for parking of vehicles (garage door) or limited storage of maintenance equipment used in connection with the premises (standard exterior door) or entry to the living area (stairway or elevator).

Floodways. Located within areas of special flood hazard established in § 380-53.6B are areas designated as floodways on the community's Flood Boundary and Floodway Map. Since the floodway is an extremely hazardous area due to the velocity of floodwaters, which carry debris and potential projectiles and have erosion potential, the following provisions shall apply:

Prohibit encroachments, including fill, new construction, substantial improvements and other developments unless certification (with supporting technical data) by a registered professional engineer is provided demonstrating that encroachments shall not result in any (0.00) increase in flood levels during occurrence of the base flood discharge.

The Town may request floodway data of an applicant for watercourses without FEMA-published floodways. When such data is provided by an applicant or whenever such data is available from any other source (in response to the Town's request or not), the Town shall adopt a regulatory floodway based upon the principle that the floodway must be able to convey the waters of the base flood without increasing the water surface elevation more than one foot at any point along the watercourse.

[Amended June 1997]

SOIL EROSION AND SEDIMENT CONTROL PLAN

In Zone A when base flood elevations become available, but before a floodway is designated, no new construction, substantial improvement, or other development (including fill) shall be permitted which will increase base flood elevations more than one foot at any point along the watercourse when all anticipated development is considered cumulatively with the proposed development.

§ 380-53.12 Areas of shallow flooding (AO Zones).

[Amended 9-7-1994; June 1997]

Located within the areas of special flood hazard established in § 380-53.6B are areas designated as shallow flooding areas (Zones AO and AH). These areas have special flood hazards associated with base flood depths of one foot to three feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and indeterminate.

§ 380-53.13 Standards for subdivision proposals.

In all special flood hazard areas, the following requirements shall apply:

All subdivision proposals shall be consistent with the need to minimize flood damage;

All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage;

All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards; and

In Zone A, base flood elevation data shall be provided for subdivision proposals and other proposed development (including manufactured home parks and subdivisions) which are five acres or 50 lots, whichever occurs first.

§ 380-53.14 Stream channel encroachment areas.

No new development or encroachment may occur within any area defined as being within the stream channel encroachment line as defined by the Connecticut Department of Energy and Environmental Protection or any successor agency without first obtaining written permit/waiver from said Department. The provisions of §§ 22a-342 through 22a-349 of the Connecticut General Statutes, as the same may be amended from time to time, shall apply to any proposal within this area.

§ 380-54.1 Definitions.

As used in this article, the following terms shall have the meanings indicated:

CERTIFICATION

A signed, written approval by the Beacon Falls Planning and Zoning Commission or its designated agent that a soil erosion and sediment control plan complies with the applicable requirements of these regulations.

COMMISSION

The Planning and Zoning Commission of the Town of Beacon Falls.

DEVELOPMENT

Any construction or grading activities to improved or unimproved real estate.

DISTURBED AREA

An area where the ground cover is destroyed or removed, leaving the land subject to accelerated erosion.

EROSION

The detachment and movement of soil or rock fragments by water, wind, ice or gravity.

GRADING

Any excavating, grubbing, filling (including hydraulic fill) or stockpiling of earth materials or any combination thereof, including the land in its excavated or filled condition.

INSPECTION

The periodic review of sediment and erosion control measures shown on the certified plan.

SEDIMENT

Solid material, either mineral or organic, that is in suspension, is transported, or has been moved from its site of origin by erosion.

SOIL

Any unconsolidated mineral or organic material of any origin.

A scheme that minimizes soil erosion and sediment resulting from development and includes, but is not limited to, a map and narrative.

§ 380-54.2 Activities requiring certified erosion and sediment control plan.

A soil erosion and sediment control plan shall be submitted with any application for development when the disturbed area of such development is cumulatively more than 1/2 acre or any slope which is over a one-foot rise and four-foot run which will be disturbed, and/or operation of processing of earth materials.

§ 380-54.3 Exemptions.

A single-family dwelling that is not a part of a subdivision of land shall be exempt from these soil erosion and sediment control regulations.

Municipal activities.

§ 380-54.4 Erosion and sediment control plan.

To be eligible for certification, a soil erosion and sediment control plan 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; such principles, methods and practices necessary for certification are found in the "Connecticut Guidelines for Soil Erosion and Sediment Control" (2002), as amended. Alternative principles, methods and practices may be used with prior approval of the Commission and/or its designated agent.

Said plan shall contain, but not be limited to:

A narrative describing:

The development and it will be written on the map as well as being a separate document.

The schedule for grading and construction activities, including:

Start and completion dates;

[2]

Sequence of grading and construction activities;

[3]

Sequence for installation and/or application of soil erosion and sediment control measures;

[4]

Sequence for final stabilization of the project site.

The design criteria for proposed soil erosion and sediment control measures and stormwater management facilities.

(d)

The construction details for proposed soil erosion and sediment control measures and stormwater management facilities.

(e)

The installation and/or application procedures for proposed soil erosion and sediment control measures and stormwater management facilities.

(f)

The operations and maintenance program for proposed soil erosion and sediment control measures and stormwater management facilities.

A site plan map at a sufficient scale to show:

The location of the proposed development and adjacent properties.

The existing and proposed topography, including soil types, wetlands, watercourses and water bodies.

The existing structures on the project site, if any.

(d)

The proposed area alterations, including clearing, excavated, filled or graded areas and proposed structures, utilities, roads and, if applicable, new property lines.

(e)

The location of and design details for all proposed soil erosion and sediment control measures and stormwater management facilities.

(f)

The sequence of grading and construction activities.

(g)

The sequence for installation and/or application of soil erosion and sediment control measures.

(h)

The sequence for final stabilization of the development site.

(i)

The location of stockpiles and how wind and water erosion of stockpiles will be controlled.

Any other information deemed necessary and appropriate by the applicant or requested by the Commission or its designated agent.

§ 380-54.5 Minimum acceptable standards.

Plans for soil erosion and sediment controls shall be developed in accordance with these regulations using the principles as outlined in Chapters 3 and 4 of the "Connecticut Guidelines for Soil Erosion and Sediment Control" (2002), as amended. Soil erosion and sediment control plans shall result in a development that minimizes erosion and sedimentation during construction, is stabilized and protected from erosion when completed, and does not cause off-site erosion and/or sedimentation. All erosion controls will be placed at a minimum distance of 25 feet from an existing bank of an existing watercourse and will be in place prior to any work on-site, or development of site, which may be modified by consent of the Commission.

The minimum standards for individual measures are those in the "Connecticut Guidelines for Soil Erosion and Sediment Control" (2002), as amended. The Commission and/or its designated agent may grant exceptions when requested by the applicant if technically sound reasons are presented.

The appropriate method from Chapter 9 of the Connecticut Guidelines for Soil Erosion and Sediment Control (2002), as amended, shall be used in determining peak flow rates and volumes of runoff unless an alternative method is approved by the Commission.

§ 380-54.6 Issuance or denial of certification.

The Planning and Zoning Commission shall either certify that the soil erosion and sediment control plan, as filed, complies with the requirements and objectives of this regulation or deny certification when the development proposal does not comply with these regulations.

It is the responsibility of the applicant and his engineer to be certain that the erosion control plan will be maintained and acceptable to the responsible Commission.

Nothing in these regulations shall be construed as extending the time limits for the approval of any application under Chapter 124, 124A or 126 of the General Statutes.[1]

Editor's Note: Chapter 124A of the Connecticut General Statutes was repealed in 1985 (P.A. 85-409).

Prior to certification, any plan submitted to the municipality may be reviewed by the County Soil and Water Conservation District, which may make recommendations concerning such plan, provided such review shall be completed within 30 days of the receipt of such plan.

The Commission may forward a copy of the development proposal to the Conservation Commission or other review agency or consultant for review and comment.

§ 380-54.7 Conditions relating to soil erosion and sediment control.

Estimated costs.

The estimated costs of measures required to control soil erosion and sedimentation, as specified in the certified plan, will be covered in a performance bond or other assurance acceptable to the Commission in accordance with the provisions specified under the Subdivision Regulations of the Town of Beacon Falls;[1] or

Editor's Note: See Ch. 372, Subdivision Regulations.