Dumping and storing of refuse. No dumping or storage of refuse shall be permitted other than the temporary dumping or storage of small amounts of such material for brief periods pending final lawful disposition, nor shall any new public solid waste dispose facility be established or an existing facility be expanded in area.

Removal of earth materials. The removal of soil and earth materials shall be prohibited except as indicated in Article XXII of these regulations.

Signs, directional. Signs which call the attention of the general public to any commercial activities, services or products not available on the premises where the sign is located are prohibited.

No building or other structure shall be constructed, reconstructed, enlarged, extended, moved or structurally altered within 100 feet of the high tide line, as defined in the Connecticut General Statutes, of the Connecticut River or any of its tributaries or associated wetlands. At its discretion, upon determination of functional need, the local commission having jurisdiction may issue a special permit to reduce the setback for structures that require direct access to the water as an operational necessity, such as piers, docks, and boathouses.

Buildings and structures accessory to a conforming residential use, not intended for human occupancy, and outside the Gateway Conservation Zone, are exempt from this regulation.

Purpose: to assure that large-scale residential structures and significant site modifications located within the Gateway Conservation Zone will not cause deterioration of the natural and traditional river scene.

Exception. A special permit shall not be required for residential structures over 4,000 square feet in total floor area under this section if it can be demonstrated by the applicant that the proposed structure or structures will not be visible from the Connecticut River. Demonstration that a structure will not be visible from the Connecticut River shall consist of an area topographic map showing that there is intervening ground at an elevation at least 35 feet above ground elevation of the proposed structure.

Submission. In addition to other Town requirements for special permit applications, the applicant will provide site plans and building elevations prepared by an architect and/or landscape architect which show information on existing and proposed topography, building design and height measurements, proposed grading, including cuts, fills and retaining walls, any required buffer area, proposed landscaping and plans for access to the waterfront, if applicable.

Special permit criteria.

Proposed structures and site work have been designed to fit the hillside rather than altering the hillside to fit the structure and site design.

Disturbance to existing topographic forms is minimized and proposed grading and excavation will not result in soil erosion and silting of lower slopes.

The proposed development retains or enhances the visual character of the site and the area by utilizing proper structural scale and character, varied architectural treatments and appropriate plant material to buffer the mass of the building from the river or its tributaries in the Gateway Conservation Zone.

The proposed design preserves or enhances significant natural features and maintains or restores the natural and traditional character of the river scene.

There shall be no clear-cut openings, and a well-distributed stand of trees and other vegetation, including existing ground cover, shall be maintained. Existing vegetation less than three feet in height and other ground cover shall not be removed except to provide for a footpath or other permitted uses. Pruning of tree branches on the bottom third of trees is permitted. Fields which have reverted primarily to shrubs, trees or other woody vegetation shall be regulated under the provisions of this section. Cleared openings legally in existence on the effective date of these regulations may be maintained but shall not be enlarged.

There shall be no timber harvesting within the buffer area except to remove safety hazards. When removal of storm-damaged, diseased, unsafe or dead trees results in the creation of cleared openings, these openings shall be replanted with native tree species unless existing new tree growth is present. Prior to cutting of diseased or damaged trees, a determination about the conditions of such trees shall be made by the Zoning Enforcement Officer, or a letter stating the necessity of such action submitted to the Zoning Officer by a public or consulting forester.

In no event shall an opening be cleared for development, including but not limited to surface regrading, stormwater drainage structures, construction of retention walls, construction of principal or accessory structures, driveway construction, sewage disposal areas, and lawns and gardens.

A footpath, not to exceed five feet in width, is permitted, provided that a cleared line of sight to the water through the buffer strip is not created.

Stairs or similar structures may be allowed with a permit from the Zoning Enforcement Officer to provide shoreline access in areas of steep slopes or unstable soils, provided that the structure is limited to a maximum of five feet in width and does not extend below or over the high tide line of the Connecticut River or its tributaries or the upland edge of a wetlands, and the applicant demonstrates that no reasonable access alternative exists on the property.

A vegetated buffer shall not be required for areas within the Conservation District which have been mapped and designated by the Planning and Zoning Commission as "developed areas." In such developed areas, property owners are encouraged, where feasible, to maintain a vegetated area of trees and shrubs immediately adjacent to the water to avoid erosion and enhance the scenic quality of the river scene.