Sections in this category:
Town Code: Land Use
Historic Districts
Chapter 93. Historic Districts
[HISTORY: Adopted by the Town of Weston 6-11-1970 (Ch. 7 of the 1981 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Historic District Commission — See Charter § 8.2 and Ch. 18, Art. II.
Zoning regulations — See Ch. 240.
§ 93-1. Historic District No. 1.
Created; boundaries. Pursuant to § 7-147a of the General Statutes, an historic district is hereby created in the Town, the boundaries of which are as follows: Beginning at a point 260 feet ± west of the intersection of Weston Road and Norfield Road, at the northwest corner running in a northerly direction 260 feet along the east boundary of tract of land owned by John J. and Kathleen O'Brien, and the common boundary of Florence C. Banks and said O'Brien; thence in an easterly direction 260 feet ± along the south boundary of tract of land owned by Weston Shopping Center and the common boundary of Florence C. Banks and said shopping center crossing Route 57 to a point 160 feet ± north of the northwest corner of land of Frances Bush and continuing in an easterly direction for 440 feet ± along land of the Town of Weston; thence in a northeasterly direction 440 feet along land of the Town of Weston; thence in an easterly direction for 100 feet ± along the common boundary line of the Town of Weston and Norfield Congregational Church Society; thence running in a southerly direction 60 feet ± along the common boundary of land of Eustace deCordova and Norfield Congregational Church Society; thence in an easterly direction for 180 feet ± along the common boundary of land of Eustace deCordova and Norfield Congregational Church Society; thence in a southerly direction 380 feet ± along the common boundary of Eustace deCordova and Norfield Congregational Church Society southerly across Norfield Road and thence 80 feet ± in a southerly direction along the common boundary line of property of Neal and Pauline Hathaway and property of Thomas J. and Mary Elizabeth Murray; thence in a westerly direction for 60 feet ± along the common boundary of said Hathaway and Murray; thence in a southerly direction for 360 feet ± along said common boundary of said Hathaway and Murray, thence in a westerly direction 410 feet ± along the common boundary in part of Roger and Julia Manchester and Thomas J. and Elizabeth Murray and in part the common boundary of Julia L. Manchester and said Murray; thence in a southerly direction 300 feet ± along the common boundary of Julia L. Manchester and Gilbert H. and Eugenia B. Thirkield; thence in a westerly direction from a point 100 feet ± from the northerly boundary of Richard L. and Marie Louise Reifschneider through property of Gilbert H. and Eugenia B. Thirkield, for a distance of 240 feet ±; thence in a northerly direction 320 feet ± along the common boundary of John M. Lupton and Gilbert H. and Eugenia Thirkield; thence in a westerly direction 140 feet ± along the common boundary of land of John M. Lupton and land of John and Mavis Lupton; thence in a northerly direction for 20 feet ± along the common boundary of land of John and Mavis Lupton and Peter and Helen Vetromile; thence in a westerly direction 240 feet through land of Peter and Helen Vetromile at the boundary which was formerly the northerly boundary of George D. Meadows property, continuing in a westerly direction across Weston Road to a point 320 feet ± south of the southwest corner of the intersection of Norfield Road and Weston Road; thence in a westerly direction for 320 feet ± along the common boundary of St. Francis of Assisi Corporation and Willis Banks; thence in a northwesterly direction for 320 feet ± to Norfield Road along the common boundary of land of St. Francis of Assisi Corporation and Willis Banks.
Acceptance of report of study committee. The preliminary steps, pursuant to § 7-147b of the General Statutes, having been accomplished, the report of the study committee is hereby accepted.
§ 93-2. Kettle Creek Historic District.
[Added 3-26-1975]
Created; boundaries. Pursuant to § 7-147a of the General Statutes, an historic district is hereby created in the Town, the boundaries of which are as follows: Beginning at the northwest corner of the intersection of Weston Road and Broad Street and running thence westerly along the northerly line of Broad Street, a distance of 1,125 feet ± to the southwest corner of the property of Clinton and Janet Walker; thence northerly, easterly, northerly again, easterly again, northerly again and easterly again along the westerly and northerly boundaries of the property of Clinton and Janet Walker, 895 feet ±; thence easterly, northerly and easterly again along the westerly and northerly boundaries of property of Chilton and Victoria Ryan, in part, and the northerly boundary of property of Donald C. and Linda S. Bergquist, in part, 800 feet ±; thence northerly, northeasterly and northerly again along the westerly boundary of property of Michael S. Ferrone, in part, and property of Mary M. and MacLennan Farrell, part, and along the westerly line of Old Weston Road, in part, 1,450 feet ±; thence westerly and northwesterly along the southerly boundary of property of Cleora B. Coley, 400 feet ± to the southerly line of High Acre Road; thence northerly across High Acre Road to a point in the northerly side of High Acre Road, which point is 360 feet ± distant from the westerly line of Weston Road, 180 feet ±; thence northerly through other property of Cleora B. Coley, 600 feet ±; thence easterly along the northerly boundary of said property of Cleora B. Coley, 400 feet ± to the westerly line of Weston Road; thence southerly along the westerly line of Weston Road, 1,600 feet ± to a point opposite the southerly line of Ledgebrook Court; thence easterly across Weston Road to the intersection of the southerly line of Ledgebrook Court and the easterly line of Weston Road; thence easterly, southeasterly and southerly along the northerly and easterly boundaries of property of Eve H. Dillingham, 550 feet ±; thence easterly along the northerly boundary of property of Wade and Elizabeth McGowan, 350 feet ±; thence northerly along the westerly boundary of property of Alfred R. and Mary D. P. Kemper, 300 feet ±; thence easterly along the northerly boundary of property of Alfred R. and Mary D. P. Kemper, 400 feet ±; thence easterly across Hidden Hill Road, 100 feet ± to the intersection of the southerly line of Hidden Hill Road and the easterly boundary of property of Franc Vitale; thence southerly along the easterly boundary of property of Franc Vitale, 150 feet ±; thence easterly and southeasterly along the northerly boundary of Plot 1 of property of Emil and Kathryn Frankel, 115 feet ±; thence southeasterly along the boundary between Plot 1 and Plot 4B of property of Emil and Kathryn Frankel, 250 feet ± to the northerly line of Goodhill Road, said property being shown on Map 1319, on file in the office of the Weston Town Clerk; thence southwesterly and westerly in a curve along the northerly line of Goodhill Road, in part, and the northerly line of River Road, in part, 980 feet ± to a point opposite the intersection of the easterly boundary of property of Mary Alice McAlpin with the southerly line of River Road; thence southerly across River Road to said point of intersection of the easterly boundary of property of Mary Alice McAlpin with the southerly line of River Road, 40 feet ±; thence southerly along the easterly boundary of property of Mary Alice McAlpin, 300 feet ±; thence westerly, southerly and westerly again along the southerly boundary of Mary Alice McAlpin, 480 feet ±; thence northerly along the westerly boundary of property of Mary Alice McAlpin, 160 feet ±; thence westerly along the southerly boundary of property of Charles W. and Ann Crockett Pepper, 275 feet ± to the westerly line of Weston Road; thence westerly across Weston Road to the intersection of the northerly boundary of property of Walter R. and Muriel M. Parks with the westerly line of Weston Road, 50 feet ±; thence southerly along the westerly line of Weston Road, 550 feet ± to the place or point of beginning.
Acceptance of report of Historic District Commission. The preliminary steps, pursuant to § 7-147b of the General Statutes, having been accomplished, the report of the Historic District Commission is hereby accepted.
Administration. The Kettle Creek Historic District shall be administered in accordance with the provisions of the General Statutes by the Historic District Commission of the Town.
§ 93-3. Central Lyons Plain Historic District.
[Added effective 8-24-1981; amended effective 3-4-1982]
Created; boundaries. Pursuant to § 7-147a et seq. of the Connecticut General Statutes, an historic district is hereby created in the Town of Weston, the boundaries of which are as follows: Beginning at a certain point of beginning located in the Town of Weston, County of Fairfield, and State of Connecticut, at the intersection therewith of the southeasterly boundary of lands now or formerly of Van Duyn, thence northeasterly 340 ft. ± along said southeasterly boundary of said lands of Van Duyn, thence northwesterly 210 ft. ± along the northeasterly boundary of lands now or formerly of Van Duyn to the southeasterly corner of lands now or formerly of McLoughlin, thence northerly and northwesterly 185 ft. ± along the northeasterly boundaries of lands now or formerly of McLoughlin, to the southernmost point of lands now or formerly of Bowles, thence northeasterly 250 ft. ±, northwesterly 310 ft. ± and westerly 50 ft. ± along the southwesterly, northeasterly and northerly boundaries of land now or formerly of Bowles to the point of intersection of said northerly boundary with the easterly boundary of Lyons Plain Road, thence southerly along said easterly boundary of said Lyons Plain Road 730 ft. ± to said point of beginning.
Acceptance of report of Historic District Commission. The preliminary steps, pursuant to § 7-147b et seq. of the Connecticut General Statutes, having been accomplished, the report of the Historic District Commission is hereby accepted.
Administration. The Central Lyons Plain Historic District shall be administered in accordance with the provisions of the Connecticut General Statutes by the Historic District Commission of the Town.
§ 93-4. Bradley Edge Tool Historic District.
[Added effective 8-24-1981; amended effective 2-11-1983]
Created; boundaries. Pursuant to § 7-147b(b) to (g) et seq. of the Connecticut General Statutes, an historic district is hereby created in the Town of Weston, the boundaries of which are as follows: Beginning at a certain point of beginning located in the Town of Weston, County of Fairfield, and State of Connecticut, at the intersection of the northerly boundary of lands now or formerly of Micans Research Corp. and the westerly edge of Lyons Plain Road, so-called, and proceeding from said point of beginning as follows: Westerly along said northerly boundary of said lands now or formerly of Micans Research Corp. to the westerly boundary of said lands of said Micans Research Corp., thence, southerly along the westerly boundary of lands now or formerly of the following, respectively, in the sequence named: Micans Research Corp., Finkelstein-Gropper, and Morris et al, thence easterly along the southerly boundary of lands now or formerly of Morris et al., 260 ft. ± to the intersection of said southerly boundary with the westerly edge of said Lyons Plain Road, thence southeasterly across said Lyons Plain Road 190 feet ± to the intersection of the easterly edge of said Lyons Plain Road with the southerly boundary of lands now or formerly of Poole, thence easterly along said southerly boundary of lands now or formerly of Poole, 490 feet ± to the easterly boundary of said lands now or formerly of Poole, thence as follows by lands now or formerly of the parties respectively in the sequence listed:
| Northwesterly 350 ft. ± then northeasterly 60 ft. ± by the northeasterly boundaries of lands now or formerly of Poole, | |
|---|---|
| Northeasterly 210 ft. ± then northwesterly 40 ft. ± by the southeasterly boundary of lands now or formerly of Freeman, and | |
| Northwesterly 410 ft. ± along the northeasterly boundary of lands now or formerly of Manning, thence Northerly 50 ft. ± by the easterly edge of said Lyons Plain Road, thence, | |
| By the southwesterly, southeasterly, southwesterly, and northeasterly boundaries of lands now or formerly of Ellis: | |
| Southeasterly 430 ft. ± | |
| Northeasterly 160 ft. ± | |
| Southeasterly 120 ft. ± | |
| Northwesterly 370 ft. ±, respectively, thence | |
| By the southeasterly boundary of lands now or formerly of LeBlond Limited, northeasterly 290 ft. ± to the intersection of said southeasterly boundary with the southwesterly edge of White Birch Road, so-called, thence along the common boundary which is the southwesterly edge of said White Birch Road, and the northeasterly edge of lands now or formerly of LeBlond Limited and then of lands now or formerly of Seanor, thence | |
| Southwesterly along the common boundary which is the easterly boundary of said Lyons Plain Road, and the westerly boundary of said lands now or formerly of Seanor, | |
| To the point of intersection therewith of a line normal to the center-line of said Lyons Plain Road which also intersects the westerly boundary of said Lyons Plain Road at said point of beginning. | |
| Excluding therefrom all that portion of the piece or parcel included in the aforesaid description owned now or formerly by Micans Research Corp. that is shown unshaded in a certain map entitled "Map Prepared for Micans Research Corp., Weston, Connecticut, Scale 1" = 60', March 22, 1982, Ryans and Faulds, Land Surveyors, Wilton, Connecticut, certified substantially correct," which map is to be made of record in the Weston Land Records, as revised April 22, 1982. |
Acceptance of report of Historic District Commission. The preliminary steps, pursuant to § 7-147b(b) to (g) et seq. of the Connecticut General Statutes, having been accomplished, the report of the Historic District Commission is hereby accepted.
Administration. The Bradley Edge Tool Historic District shall be administered in accordance with the provisions of the Connecticut General Statutes by the Historic District Commission of the Town.
§ 93-5. Den Historic District.
[Added effective 2-26-1986]
Created; boundaries. Pursuant to § 7-147a of the General Statutes, an historic district is hereby created in the Town, the boundaries of which are as follows: Beginning at a point on the westerly side of Newtown Turnpike at the southwest corner of a tract of land owned by Michael J. Gibbons, thence running in a northerly direction 548 feet ± along Newtown Turnpike, being the easterly boundary of the tract of land owned by Michael J. Gibbons; thence running in a northerly direction 329 feet ± along Newtown Turnpike, being the easterly boundary of a tract of land owned by Rocco P. DiNapoli; thence running in a northerly direction 434 feet ± along Newtown Turnpike, being the easterly boundary of a tract of land owned by Catherine Josephine Bannin; thence running across the lane known as Grindstone Hill; thence running in a northerly direction 288 feet ± along Newtown Turnpike, being the easterly boundary of a tract of land owned by Anthony B. Willetts and Vera G. Willetts; thence running in a northerly direction 220 feet ± along Newtown Turnpike, being the easterly boundary of a tract of land owned by Catherine Barr, thence running in a northerly direction 220 feet ± along Newtown Turnpike, being in part the easterly boundary of a tract of land owned by Pamela J. Dawson, and in part by Ladder Hill Road North; thence running northwesterly across Ladder Hill Road North; thence running in a northwesterly direction 255 feet ± along the northerly boundary of a tract of land owned by William J. Mathews and Margaret Mathews; thence running in a westerly direction 49 feet ± along the northerly boundary of a tract of land owned by William J. Mathews and Margaret Mathews; thence running in a northerly direction 99 feet ± along the northerly boundary of a tract of land owned by William J. Mathews and Margaret Mathews; thence running in a westerly direction 306 feet ± along the westerly boundary of a tract of land owned by William J. Mathews and Margaret Mathews, being the westerly boundary of property now or formerly of Edith M. Haehnel; thence running in a southerly direction along the westerly boundary of a tract of land owned by William J. Mathews and Margaret Mathews, along the common boundary with property of Esther Benenson a distance of 143 feet; thence running in a southerly direction 254 feet ± along the westerly boundary of a tract of land owned by William J. Mathews and Margaret Mathews, along the common boundary with property of Esther Benenson; thence running in a easterly direction 84 feet ± along the southwesterly boundary of a tract of land owned by William J. Mathews and Margaret Mathews; along the common boundary with property of Esther Benenson; thence running in a southerly direction 594 feet ± in a straight line through property owned by Esther Benenson, said line being approximately parallel to and 145 feet ± west of Ladder Hill Road North to a point 103 feet ± west of Ladder Hill Road North along the common boundary of a tract of land owned by Esther Benenson and Louise Thomas Gissen; thence running in a westerly direction 257 feet ± along the northern boundary of a tract of land owned by Louise Thomas Gissen; along the common boundary with property of Esther Benenson; thence running irregularly in a northerly direction 100 feet ± along the northern boundary of a tract of land owned by Louise Thomas Gissen; along the common boundary with property of Esther Benenson; thence running in a westerly direction 189 feet ± along the northern boundary of a tract of land owned by Louise Thomas Gissen; along the common boundary with property of Esther Benenson; thence running in a northerly direction 198 feet ± along the northern boundary of a tract of land owned by Louise Thomas Gissen; thence running in a southwesterly direction 330 feet ± along the northwesterly boundary of a tract of land owned by Louise Thomas Gissen along the common boundary with property of Esther Benenson; thence running in a southwesterly direction 100 feet ± along the northerly boundary of a tract of land owned by Ellen Strauss along the common boundary with property now or formerly of Talco Realty; thence running in a southeasterly direction 701 feet ± along the southerly boundary of a tract of land owned by Ellen Strauss being the common boundary of property now or formerly of Dana Kennedy and Muriel H. Kennedy; thence running in a southeasterly direction across Ladder Hill Road North; thence running southerly along the easterly side of Ladder Hill Road North 81 feet ± along the westerly boundary of a tract of land owned by Rocco P. DiNapoli; thence along the easterly side of a Ladder Hill Road North 585 feet ± along the westerly boundary of a tract of land owned by Michael J. Gibbons; thence running in a northeasterly direction 78 feet ± along the southerly boundary of a tract of land owned by Michael J. Gibbons along the common boundary with property of Anthony Willetts and Vera Willetts; thence running in a northeasterly direction 70 feet ± along the southerly border of a tract of land owned by Michael J. Gibbons along the common boundary with a tract of land owned by Anthony Willetts and Vera Willetts; thence running in an easterly direction 97 feet ± along the southerly border of a tract of land owned by Michael J. Gibbons, along the common boundary with a tract of land owned by Anthony Willetts and Vera Willetts, back to the point of beginning.
Acceptance of report of study committee. The preliminary steps, pursuant to § 7-147b of the General Statutes, having been accomplished, the report of the study committee is hereby accepted.
Administration. The Den Historic District shall be administered in accordance with the provisions of the Connecticut General Statutes by the Historic District Commission of the Town.
Subdivision Regulations
Chapter 230. Subdivision Regulations
[HISTORY: Adopted by the Planning and Zoning Commission of the Town of Weston effective 9-1-1984 (Appendix B of the 1981 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Planning and Zoning Commission — See Ch. 18, Art. I.
Building construction — See Ch. 23.
Numbering of buildings — See Ch. 27.
Driveways — See Ch. 51.
Land use fees — See Ch. 70, Art. I.
South Western Regional Planning Agency — See Ch 167.
Aquifer protection area regulations — See Ch. 207.
Floodplain management regulations — See Ch. 212.
Inland wetlands and watercourses regulations — See Ch. 215.
Zoning regulations — See Ch. 240.
PREAMBLE
The Town of Weston, Connecticut, is a rural residential community comprising 13,626 acres. This land presently supports approximately 3,025 households with domestic water and sewage disposal systems and may be a future source of public drinking water for other communities.
Much of the available, undeveloped land poses problems for development and for on-site sewage disposal. Major technical studies and adopted public policies concur on the necessity of preventing the overintensive development of Weston's fragile land and water area. [Amended 3-16-1987]
ATTACHMENTS
230a App I Soils Limited Suitability for Dev 230b App II Ref Materials Subdiv Regs
§ 230-1. Authority.
In accordance with authority granted by the General Statutes of Connecticut, § 8-25 et seq., § 8-2b and other relevant sections, the following regulations are hereby adopted as the amended Subdivision Regulations of the Town of Weston.
§ 230-2. Purpose.
In order to more fully protect the health and safety of the community, the Commission recognizes the need to:
Prevent contamination of drinking water sources.
Provide flood management measures where needed.
Control erosion and sedimentation.
Encourage energy-efficient development.
Preserve open space and plan for future recreational needs.
Develop a safe and convenient system for traffic and emergency service needs.
§ 230-3. Applicability; conflicts.
These regulations govern the subdivision and resubdivision of land within the Town of Weston pursuant to the provisions of the General Statutes as amended.
No subdivision or resubdivision of land shall be made and no land in any subdivision or resubdivision proposed to the Commission shall be conveyed until a subdivision plan has been prepared in accordance with these regulations and formally endorsed with approval by the Weston Planning and Zoning Commission. For regulation of construction and land alteration see § 230-7.
In the event of a conflict between any provision of these regulations and any other code, ordinance or regulation of the Town of Weston, the more restrictive provision shall be deemed to apply.
§ 230-4. Severability.
Should any article, section or provision of these regulations, as contained herein or as hereafter amended, be adjudged by a court of competent jurisdiction to be invalid or unconstitutional, the adjudication shall pertain only to the article, section or provision so adjudged, and the remainder of the regulations shall remain valid and effective.
§ 230-5. When effective.
These regulations, and all amendments thereto, shall become effective at such time as may be established by the Commission in accordance with the requirements of the General Statutes.
§ 230-6. Complete application required.
An application for subdivision or resubdivision shall not be accepted for consideration and action until the Commission has verified that all data required by these regulations has been submitted in proper form. Data necessary for consideration is listed in § 230-9A to L(11). Further data necessary for approval is listed in § 230-9L(12) to S.
A determination by the Commission that a pending application is deficient in prescribed data shall be cause for nonconsideration of the application. In the event of nonconsideration, the Commission shall state its reasons in writing and refund the application fee.
§ 230-7. Unauthorized construction.
No land clearing, regrading, excavation, or construction of facilities which may affect the arrangement of streets or lots shall be done on a proposed subdivision site until the final subdivision plan has been approved by the Commission. The installation of test pits and necessary clearing for surveying shall be exceptions to this rule.
Any unauthorized site work commenced after submission of a subdivision plan shall be considered cause for immediate denial.
§ 230-8. Preliminary discussion.
It is suggested that each applicant submit for advance review by the Commission a preliminary subdivision proposal. Such preliminary proposal shall be a tentative proposal only, for the sole purpose of clarifying and guiding the design of the subdivision plan to be later submitted as an application.
Map showing the location of the subdivision in the Town.
Scale of plan, compass points, and names and addresses of owner(s), developer, engineer and surveyor. Reference by note to previous subdivision plans or survey maps filed in Town land records, by file map number and file date.
Tentative layout of lots, with lot numbers, area of each lot and parcel in acres, and total acreage of subdivision.
Accurate boundaries of the property; the approximate area, dimensions and location of all other land belonging to the owner or developer located adjacent to and across the street from the proposed subdivision; the names of the owners of record of adjacent properties and properties across the road; and any easements, deed restrictions, rights-of-way and other limitations affecting the property.
Proposed open space reservations.
A general plan for proposed storm drainage and retention facilities.
§ 230-9. Contents of subdivision application.
The following materials shall be submitted with the application for the application to be considered by the Commission:
An application form, furnished by the Commission, properly completed and signed by the owner(s) of the property. If the owner(s) is to be represented by others, a letter authorizing such representation, signed by the owner(s), shall accompany the application.
The fee for each application as prescribed by the General Statutes, payable to the Town of Weston.
For all subdivision applications which will require a public hearing (see § 230-11D), a list of the correct names and addresses of all owners of record of adjacent properties and properties across the road(s), with the stamped addressed envelopes to be sent to them.
Map of natural features and existing site conditions, prepared by a professional engineer or surveyor, at a scale identical to the proposed subdivision plan, delineating the following information where applicable:
Topography from field, aerial or partial survey referenced to the aerial survey maps prepared for the Town of Weston dated September 1981, at a contour interval of five feet or less, except at contour intervals of two feet where said land lies within wetlands or floodplains.
Drainage basin divides, locating the watersheds of all perennial streams and all significant intermittent streams and drainage courses, and including on-site survey locations of all wetland boundaries.
Floodplains, showing the boundaries of the floodway and the boundaries of the one-hundred-year flood hazard area, as mapped for the Town's flood insurance program. The extent of any disagreement between the aerial survey maps prepared for the Town of Weston dated September 1981 and the federal flood map data, as amended, should be identified.
Stratified drift aquifers underlying the site; see the Water Resources Inventory of Connecticut No. 4, Southwestern Coastal River Basins.
Protection zones and critical planning units, as such areas are designated in the Weston Environmental Resources Manual.
Property boundaries of the site, and streams, ponds, marshes, ledges, trails, roads, driveways, stone walls, fence lines, dams, buildings and other structures, wells and septic systems, drainage pipes and structures, and any area, structure or feature designated by the Conservation Commission or the Historic District Commission for special protection.
A locus accurately drawn to determine the location of the subdivision in the Town.
Areas adjacent to a proposed subdivision shall be mapped within 200 feet of the boundaries of a site smaller than 10 acres, within 300 feet of a site between 10 and 25 acres, and within 500 feet of a larger site. Data to be included, where available, shall include ponds, wetlands, floodplains, streams, well fields, septic areas, roads, driveways, and constructed drainage systems (noting pipe sizes). Data shall be compiled from available Town and Westport-Weston Health District maps. A note on the map shall identify this data as having been compiled from other maps and not from direct survey.
E. Written report from developer on suitability of proposed sewage disposal systems for each lot, including written recommendations of the District Health Director.
[Amended 3-16-1987]
Construction plans for new roads, changes in existing roads, construction or reconstruction of drainage systems or other structures.
The design of roadways, drainage systems, structures and other constructed facilities shall conform to all requirements of the Standard Specifications for Subdivision Road Construction and of these regulations.
In addition to meeting the requirements of § 230-10, the construction plan shall show the accurate location, layout and necessary construction details of the following:
Proposed new roads and reconstruction of existing roads.
A coordinated plan map and profile drawing shall show existing topography (two-foot contour intervals or less), right-of-way dimensions, proposed roadway center-line elevations with stations every 50 feet, proposed pavement area, necessary horizontal and vertical curve data, sight lines, and percent grade on all finished surfaces.
Proposed pedestrian walkways, bus stop areas, driveway aprons, and utility facilities shall be shown.
Plan-profile maps shall also show the entire proposed drainage system, including drainage easements, curbs, porous shoulders, ditches and swales, catch basins, manholes, culverts, pipes, discharge channels, weirs, retention basins and the like, with notes identifying all drainageway slopes, pipe sizes, spillway and invert elevations.
Typical cross sections of all roads and open drainage channels, showing construction details of subbase, base and top course and methods of stabilizing all slopes. Individual cross sections showing center line, paved area, shoulders, curbs, drainageways, top and toe of all slopes, pipes and other structures, pedestrianways (if any), rights-of-way and slope easement boundary areas shall be provided at stations every 100 feet or less wherever linear grades exceed 5% or wherever cuts or fills exceed the right-of-way or require retaining structures.
Detailed plans for construction at proposed intersections with existing roads, including existing and proposed grades, curblines, center lines, right-of-way area on both sides of road, required sight lines, paved area and all data specified in Subsection F(2)(a) through (c) above. Plan area shall include all of the existing road within required sight line distances.
Detailed drawings indicating dimensions, types of materials and construction details for all proposed structures and constructed facilities (wherever planned or required), including bridges, culverts, retaining walls, drainage swales, retention basins, ponds, dams and spillways, sidewalks, curbs, manholes and catch basins, fences and guide rails, fire hydrants, shelters, utility stations, water and sewer systems, signs and streetlights.
Proposed water supply and sanitary sewer systems.
Erosion control and stormwater retention plan showing all areas of earth disturbance, reconstructed land contours, and measures to be carried out to implement the requirements of § 230-22, together with required engineer's report and runoff calculations. Planned control measures to achieve zero increase in volume and rate of peak storm runoff, to minimize erosion and siltation during construction, and to prevent long-term soil erosion and deposition of sediment in watercourses, wetlands and other low lands (in accordance with the Inland Wetland Regulations) shall be noted.
A statement to the effect that stakes have been accurately placed in the field to assist the Commission's on-site inspection, marked as follows:
Orange, with station numbers, every 50 feet along the center line of proposed roads and common driveways;
Blue, at corners of proposed septic and reserve areas;
Yellow, with lot number marking approximate house site location; and
If requested by the Commission, red, marking edges of wetlands, floodplains or other areas of concern.
Written authority for the Commission or its agents to walk the property for purposes of inspection.
Confirmation of applications to the Conservation Commission, Zoning Board of Appeals, Westport-Weston Health District, and for public utility service authorizations.
For all subdivision plans proposing construction in or disturbance of land with special natural characteristics for development (§ 230-13), a lot development plan showing where such activity is proposed and what kind of activity is proposed.
Subdivision plan map showing:
The name of the subdivision and the full extent of all lots and other parcels composing the subdivision tract, with accurate distances and bearings of all boundary lines and proposed lot lines, and the area of each separate lot or parcel, in acres (nearest hundredth).
(2) The subdivision plan map shall show the approximate area, dimensions, and location of all other land completely or partially owned by either the applicant, the developer or the owner of the area proposed for subdivision located contiguous to or across the street from the proposed subdivision.
[Amended 11-12-1987]
Existing structures and significant natural or man-made features, where such items have not been presented on a map of natural features. Structures and features to be mapped shall include those which are proposed to remain on the subdivision tract and those within the stipulated distances in Subsection D(8), the latter to be compiled from Town and Westport-Weston Health District maps and not by direct survey.
The names, location and layout of existing and proposed roads, with their relationship to the Town Plan of Development and the Weston Roads Analysis, and easements and rights-of-way with notes as to their purpose. Accurate distances and bearings, arc lengths and radii of all curves shall be included.
Location and acreage of proposed open space parcels.
Minimum rectangle establishing required lot width, depth and building area, and minimum road frontage stated as a total dimension from its component segments, each in full conformity with the Town Zoning Regulations.
Proposed wetland and slope encroachment lines and boundaries of other areas to be excluded from development.
Proposed location for driveway for each lot.
A note providing that all electric and telephone lines shall be placed underground.
Notes and references which specifically describe:
Previous subdivisions or survey map(s) filed in the Town land records, by map file number and date.
Zoning districts, if any (with boundaries shown if they intersect property).
Existing deed restrictions, easements, covenants and other legal limitations affecting all of the property or any portions thereof as delineated on the plan map and filed in the land records.
Map showing the location of the subdivision in the Town.
| The following items are necessary for approval but need not accompany the application: |
|---|
Accurate location and description of existing and required monuments.
Permanent monuments shall be placed no more than 500 feet apart on roads at all angle points, points of curve, and points of tangency and spaced to be within sight of one another along lines entirely within the road right-of-way.
Monuments shall be installed at all intersections of lot boundary lines and as necessary to mark all easements.
The locations of major changes in the directions of lot lines shall be indicated by monuments.
Stone walls, ledge rock, trees or other topographical features shall not be substituted for monuments. Where any such feature prevents proper installation of a required monument, that monument shall be installed offset from its proper location, and the accurate distances of offset shall be shown on the plan. Monuments shall be set with accurate reference to a permanently identifiable fixed point or to the Connecticut Coordinate System.
Monuments for all roads, drainage easements, and open space parcels shall be of stone or good reinforced concrete, not less than four inches square and 3 1/2 feet long, with centers clearly marked; other monuments may be of suitable permanent materials approved by the Town Engineer. Each monument shall be installed so that it rises no more than three inches above finished grade and does not form an obstruction.
A note which lists each of the supplementary plans required by the Commission.
Utility lines.
Where reconstruction or relocation of existing utility lines is required by a proposed subdivision plan, the rebuilt lines shall be placed underground prior to the conveyance of any lot in the subdivision or completion of the proposed subdivision road, whichever comes first.
Any line installed in a location not shown on the plan because of field conditions shall be shown on an as-built plan submitted to the Commission before release of bond.
Copies of required wetland or watercourse permits from the Weston Conservation Commission along with any conditions of approval which should be shown on the final map and any other relevant supporting materials.
Copies of variances pertaining to the subdivision that have been granted by the Zoning Board of Appeals and copies of special permits pertaining to the subdivision granted by the Zoning Board of Appeals (prior to February 1, 1984) or the Planning and Zoning Commission.
A letter or written authorization from each public utility company whose facilities will be connected to the subdivision agreeing to make such installations within the time authorized by the Commission for completion of required construction work.
Proposed conveyance agreements, in legal form acceptable to or prescribed by the Town, for all public parcels, including:
Easements for storm drainage, utilities, sight lines, slope access, and conservation purposes.
Easements or title to open space parcels.
Fee title to roadways (contingent on acceptance by the Town).
Proposed conveyance agreements, ownership and maintenance covenants covering private open space parcels and other private reservations and commonly owned parcels.
A comprehensive cost estimate, in itemized detail, prepared by the developer's engineer in consultation with and in the form prescribed by the Town Engineer for all construction work and other improvements which will be required of the developer in order to complete the subdivision plan as shown. (This will include such improvements as roads, bridges, culverts, weirs, retaining walls and fences, storm drainage facilities, retention ponds, community water supply and sewage disposal systems, land contouring and planting, monuments, etc.)
T. Statements from the Fire Marshal and the Chief of Police that there are adequate accesses for emergency vehicles and that proposed roads are safe.
[Added 3-16-1987]
§ 230-10. Map standards.
All maps and plans required to be submitted as part of the subdivision application shall be:
Based on an accurate survey of the property which meets Class A-2 criteria of the Connecticut Technical Council, Inc. Survey maps shall bear the seal certifying that the data is substantially correct in accordance with the cited criteria. Other map sheets drawn from the survey map shall be signed or sealed by the maker with the proper reference to the original or revised survey map.
Prepared with permanent ink on a stable Mylar film (three mils minimum, sheets 24 inches by 36 inches or 12 inches by 18 inches) which meets criteria for filing in the Town land records and is also suitable for white print reproduction.
Drawn to the largest practicable decimal scale but not larger than one inch equals 40 feet nor smaller than one inch equals 100 feet for map data. Construction details may be larger as required, and map data may extend to more than one sheet, provided that accurate match marks are shown.
Furnished in quadruplicate. At least four clear white print copies of each map or plan, including all revisions, shall be furnished by the applicant at the time of submission of the application. A reasonable number of additional copies, when required by the Commission for review purposes, shall be submitted. All copies or maps shall be provided at the expense of the applicant.
§ 230-11. Procedural steps following submission of application.
The subdivision application shall be submitted to the Planning and Zoning Commission for consideration at a regular meeting.
(Reserved)
Editor’s Note: Subsection B, regarding a determination as to proper form and acceptance for consideration of the application, was repealed 6-3-2013.
Referrals.
Within 10 days of acceptance of the application for consideration, the Commission may refer a complete copy of all pertinent application maps, plans, reports and other materials to:
Board of Selectmen (Town Engineer).
Conservation Commission (Inland Wetland Agency), if the application has not been submitted to it.
South Western Regional Planning Agency or others where required by statute.
Other public agencies when the proposal falls within their jurisdiction.
Town boards or agencies as required by these regulations or deemed desirable by the Commission.
Reports and recommendations received from these referrals shall become part of the record of the application.
A public hearing may be held on any subdivision application and shall be held on all resubdivision applications and on subdivision applications for five or more lots. Legal notice shall be published in accordance with the requirements of the General Statutes and a copy furnished by ordinary first-class mail to all adjacent property owners at the time of first publication. It shall be the responsibility of the applicant to furnish correct names and addresses of adjacent property owners and owners across the street from the subdivision, along with stamped addressed envelopes to be sent to them. Public hearings shall be completed within 30 days from the opening of the hearing. Extensions of this time limit are allowable, up to a total limit of 30 days, if the applicant makes such a request to the Commission.
The Commission shall approve or approve with conditions or disapprove the application, entering into the record its reasons for approval and disapproval, and shall publish and communicate its decision as required by law. The Commission shall render its decision within 65 days after the public hearing has been closed. Extensions of this time limit are allowable, up to a total limit of 65 days, if the applicant makes such a request to the Commission. Where no public hearing is to be held, the Commission must render its decision within 65 days after the subdivision application has been accepted for consideration. Extensions of this time limit are allowable, up to a total limit of 65 days, if the applicant makes such a request to the Commission.
In instances where the Commission approves an application with conditions, it shall promptly advise the applicant of the required changes to the subdivision plan or other application documents.
No approval shall become effective, however, until the completion of the following:
Where a performance bond will be required, the Commission shall advise the applicant at this point of the monetary amount and particulars which must be guaranteed by said bond (refer to § 230-31).
No application shall be considered approved or in final form for filing until the Commission determines that all conditions for approval have been completed in proper form and that all final plans, bonds, grants, conveyances and easements required by its approval have been submitted in properly executed form. Such materials shall be submitted to the Commission's office prior to any regular meeting of the Commission scheduled within 90 days after the Commission's decision. Extensions of this time limit are allowable, up to a total limit of 180 days, if the applicant makes such a request to the Commission.
Upon determination that all submitted materials are in proper form, the Commission's signature of approval by the Chairman or Secretary, noting the statutory expiration date of approval, shall be affixed to the subdivision plan and the same released to the applicant for filing in the Town of Weston land records as required by law.
In Article IV, Implementation, the following steps are explained in detail: withdrawal of application, filing in land records, copies of filed maps to be submitted, inspection and installation grant, performance bond, construction scheduling and inspection and as-built plans.
§ 230-12. Character of land.
Land suitable for development shall be of such character that it can be used for building purposes without danger to health or to the public safety. Every subdivision application shall demonstrate that land to be utilized for development will provide:
Safe water supply and sewage disposal, in accordance with Westport-Weston Health District Regulations.
Stormwater and erosion control, as specified in §§ 230-21H and 230-22.
Convenient and safe access for service and emergency vehicles.
Protection of basic land and water resources.
§ 230-13. Land with special natural characteristics.
The Commission will give special scrutiny to applications proposing development of land with any of the following natural characteristics:
Floodplains, as defined by the Flood Boundary and Floodway Maps of the United States Department of Housing and Urban Development (October 17, 1978), and including any subsequent revisions which may be made.
Editor's Note: See Ch. 212, Floodplain Management Regulations.
Slopes of 20% or greater as determined by accurate topographic survey at contour intervals of five feet or less.
Wetlands, wetland linkage areas, streams, marshes, bogs and swamps, and other water bodies.
Soil areas possessing severe or very severe limitations for home site or on-site sewage disposal systems by soil types as classified by the Fairfield County Soil and Water Conservation District.
Direct or primary recharge areas of stratified drift aquifers.
Areas subject to unusual water or wind erosion due to unstable soil, excessive stream velocity, or lack of topsoil and vegetation.
Ledge rock, shallow soil areas, and extensive bedrock outcroppings.
Areas identified as protection zones and critical planning units in the Weston Environmental Resources Manual, Maps 4 and 5.
I. Areas which are not accessible from a road capable of furnishing safe and convenient access for emergency services.
[Amended 3-16-1987]
§ 230-14. Development of land with special natural characteristics.
A subdivision application proposing development of any such land (as listed in § 230-13) shall be:
Accompanied by a lot development plan which details where any such development is to take place and what type of development is proposed.
B. Designed so that no dwelling, structure, sewage or waste disposal system, septic reserve area, road, driveway or other impervious area requiring construction shall be located in floodplains, wetlands, or on major slopes unless approvals have been obtained as needed under the following regulations or plans: Floodplain Management Regulations (for development in floodplains); Inland Wetland Regulations (for development in wetlands or watercourses); Drainage and Erosion Control Plan; and Town driveway and other ordinances where they specifically apply.
[Amended 11-13-2008]
Planned to use reasonable care in the development of land with the special natural characteristics listed in § 230-13. Where reasonable development alternatives exist on a site, the Commission may require that the subdivision plan be redesigned to accomplish this.
§ 230-15. Exemption.
Exemption from the requirements of § 230-14 above may be granted where the Commission finds that all land areas with any of the listed special natural characteristics:
Have been delineated on the map and excluded from the proposed development area; and
Are protected from development by a note on the map and by deed restriction providing that such areas shall remain permanently undisturbed in their natural condition, free from construction, regrading, paving and other significant alteration.
§ 230-16. Basic lot standards.
The layout of lots, roads and building areas shall be designed, where feasible, to preserve the significant natural features of the site and to promote compliance with the passive solar objectives of Public Act 81-334.
Editor's Note: See C.G.S. §§ 8-2 and 8-25.
Minimum lot areas and dimensions shall be as prescribed by the Weston Zoning Regulations.
Every subdivision lot shall accommodate its own house site and required rectangle, water supply well and protection area, sewage disposal system and reserve area, and driveway and parking. (Where the Commission finds such to be in the best interests of public safety or resource conservation, it may permit these facilities to be combined to serve more than one lot in accordance with the Zoning Regulations of the Town of Weston, an approved site development plan and an approved maintenance covenant.)
D. Split lots. A parcel or tract of land that is divided by a public or private road, a major watercourse, or a public or private easement restricting development (other than a utility easement or a right-of-way) does not meet the minimum lot area requirements unless it contains at least two contiguous acres of land. For purposes of this regulation, land is not contiguous if a public or private road, a major watercourse, a public or private easement restricting development, or a right-of-way divides it. This contiguity requirement applies even if the public or private road, major watercourse, public or private easement restricting development, or right-of-way and the parcel or tracts of land are in the same ownership. Construction on a lot that is subject to this section of the minimum area requirement regulation must take place on that section of the lot that contains the two contiguous acres of property. This regulation does not apply to passageways that serve as a second access to a parcel or tract of land and are dedicated exclusively to emergency access. For purposes of this subsection, "major watercourse" shall mean the Saugatuck River, the Aspetuck River, the west branch of the Saugatuck, and any nonseasonal branch or tributary thereof being more than two feet wide at any point within the subject lot. (See C.G.S. § 8-26a.)
[Amended 5-18-2006]
Odd-shaped lots. A lot may not measure less than 75 feet in width or depth at any point except where the measurement of the width or depth of the lot at such point multiplied by three is equal to or greater than the distance from such point to the point where the lot boundary lines form a figure closed on three sides measured along a line running through the center of such portion of the lot. An accessway otherwise in compliance with these regulations shall not be a violation of this subsection. For example, a lot which narrows to 50 feet at a given point must become a closed geometric figure within 150 feet of such point (see Illustration No. 1). A lot which narrows to 30 feet at a given point must become a closed geometric figure within 90 feet of such point (see Illustration No. 2).
[Amended 5-4-2006]
Illustration No. 1  230 Illustration 1.tif | Illustration No. 2  230 Illustration 2.tif |
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§ 230-17. Driveways.
The driveway entrance and driveway construction for each lot shall conform to requirements of state law and of the Town Driveway Ordinance, and the Commission may require that the proposed location be shown on the final subdivision plan.
Editor's Note: See Ch. 51, Driveways.
Where a lot has frontage on both a major (or collector) road and a minor road, access driveways shall be taken only from the minor road unless the Commission determines that direct access from the major road is preferable for safety or environmental reasons. The Commission may require that driveway entrances be combined or otherwise controlled as necessary to assure safe traffic movement and to afford proper separation of local and through traffic.
Within 40 feet of the center line of the travel way of an intersecting road the maximum gradient of the driveway shall be 3%. Where necessary to avoid excessive regrading, where the driveway serves only one dwelling, the Commission may approve a driveway design as part of a lot development plan in which the driveway gradient is between 12% and 15% for not more than 50 feet in length. No curve shall be allowed where the gradient exceeds 12%. The Commission may require fences and guide rails for safety along embankments and steep slopes.
Where a driveway must cross a floodplain, wetland, watercourse or drainageway, the lot development plan shall show a culvert or other structure approved by the Town Engineer as safe for accommodation of emergency vehicles, with sufficient hydraulic capacity for a fifty-year storm. No such crossing will be authorized without all approvals required by the Inland Wetland Regulations, the Town Driveway Ordinance and the Floodplain Management Regulations.
§ 230-18. Rear lots.
Rear lots are only desirable where their use minimizes necessary road construction and environmental impact.
Each rear lot shall:
Conform to all requirements of the Zoning Regulations.
Have a travel way designed to safely accommodate emergency and service vehicles.
Have a right-of-way 25 feet in width to accommodate a travel way 12 feet in width where serving one dwelling.
Have a right-of-way 30 feet in width to accommodate a travel way 16 feet in width where serving two dwellings.
Have in both Subsection B(3) and (4) above space for necessary utility and drainage easements and undeveloped space for planting and grade adjustments on each side between the travel way easement areas and the property line.
Have an equitable allocation among benefiting property owners of the liability and maintenance responsibility for any common accessory.
§ 230-19. Pedestrian and bike paths; fire ponds.
The Commission may require the installation of graded pedestrianways, or safe walking paths, along the right-of-way of any road which, because of width, curves, grades or traffic volume, presents severe hazards to pedestrians.
Bicycle paths and trails may also be required by the Commission in roadside or other appropriate right-of-way locations where it determines that they are needed for safety reasons.
C. Where the Commission deems it necessary, or is requested by the Fire Marshal, it may require a fire pond as appropriate for safety. Such pond may be required before any building construction shall commence in the subdivision.
[Amended 3-16-1987]
§ 230-20. School bus stops.
Where a subdivision road intersects a major (or collector) road, and at other locations deemed necessary by the Commission for reasons of safety, the subdivider shall reserve, grade and appropriately surface an area suitable for the safe accommodation of children awaiting school buses. Its design and location shall require Commission approval. The paved area shall be located on the road right-of-way near the curbline, comprising 100 to 200 square feet in area.
§ 230-21. Roads.
Safe access. Roads shall be designed for safe and convenient access and for minimum disturbance of natural resources.
Existing roads. Where a subdivision fronts on any road section which has a right-of-way width, curve or intersection less than the standards specified in these regulations, or requiring improvement as indicated in the Town Plan or Weston Road Analysis, the Commission may require the subdivider to annex to the right-of-way, by deed, an amount of land sufficient to correct the deficiency in accordance with standards of safe design.
Layout of roads.
Existing topography and significant natural features shall be preserved to the maximum degree consistent with public safety in the layout of new roads. Combinations of steep grades and curves shall be avoided. Roads shall be planned to provide a convenient system for prospective traffic needs and to safely accommodate fire-fighting, school bus, snow removal and other service vehicles.
Proposed roads shall be in harmony with existing and proposed thoroughfares shown in the adopted Town Plan of Development, including proposed realignments, and in the Weston Roads Analysis. Road layout and design shall be approved in each case by the Commission.
The Commission may require proposed roads to connect with adjacent roads or undeveloped property where it deems such connection desirable for safety, provision of utilities, or adequate future access. Reserve strips which would prevent the extension of roads are prohibited.
Permanent dead-end roads.
A permanent dead-end road may be approved where road continuity is not feasible. Such permanent dead-end road shall be limited to the shortest practicable length required to provide safe access to all lots, but in no case shall serve more than 12 potential lots.
A dead-end or loop road shall only be laid out from another dead-end road when the total lots served by the total dead-end road system are limited to 12.
Where it deems such action to be necessary in the public interest, the Commission may require that easements for utilities, pedestrian access, or drainage be provided between any dead-end road and adjacent property.
Temporary dead-end roads.
A temporary dead-end road may be approved where the Commission determines that:
Future extension of the road would be feasible and desirable, considering topography, site conditions, and potential availability of adjacent land for development. The applicant shall grant to the owner of such adjacent property a perpetual right-of-way for ingress and egress over such temporary dead-end road in the event of and subject to development of such adjacent property as an approved subdivision.
The eventual extension will complete a safe connection to the road system at a reasonable distance from the original entrance locations; and
All property owners on or adjacent to the proposed extension have been notified of the proposal.
Temporary dead-end roads shall:
Be limited to a constructed total length of 1,500 feet within the subdivision.
Serve no more than 12 lots.
Terminate in a temporary turnaround located and improved as directed by the Commission.
Provide a monumented right-of-way and reservation.
Require building setbacks from future extensions equivalent to those required from existing roads.
Turnarounds.
All dead-end roads, both permanent and temporary, shall terminate in a turnaround of circular or other design approved by the Commission, having a minimum diameter or transverse width of right-of-way of 100 feet. Within said turnaround there shall be a roadway suitable for vehicle turning purposes, with a maximum gradient of 5%. Every permanent turnaround shall be constructed in accordance with the Standard Specifications for Subdivision Road Construction.
Plans incorporating temporary turnarounds shall provide, by appropriate notes, that:
Liability and maintenance responsibility for the temporary turnaround shall be clearly identified.
The reserved right-of-way for future road extension shall be conveyed to the Town of Weston. The Town shall be under no obligation to construct or maintain any improvements thereon and may assign its rights for roadway development to others.
Whenever the road is extended, the temporary turnaround shall be removed, and the area unused by the road area topsoiled and seeded by the future developer at his expense, and title to the released area shall revert to each abutting lot owner along the frontage of the released area.
Intersections. Special attention shall be given to the safe design of all road intersections. Intersections shall require design and construction to:
Be at least 800 feet from any other intersection with a major road, where feasible.
Be at least 500 feet from any other intersection with a minor road, where feasible.
Provide a one-hundred-fifty-foot offset from an opposing driveway, where feasible.
Provide a sight line along each intersecting roadway as specified in Subsection M. Required sight lines shall be shown on the construction plan, and corresponding sight line easements shall be established, with proper monuments as necessary, on the subdivision plan.
Provide a center-line angle of horizontal intersection as close to 90° as possible for at least 50 feet from the intersected travel way. A perpendicular maximum deviation of not more than 20° (70° to 110° interior angle) may be permitted when an increased pavement radius is provided inside the acute angle to prevent vehicle turning conflicts.
Prohibit an intersection with an existing road at any point where the existing road's gradient exceeds 5%.
Provide a travel way gradient at center line, for all new intersecting roads, not to exceed 2% for the first 50 feet.
Provide a right-of-way at each corner of the intersection rounded to a minimum radius of 25 feet and sight line easements provided as necessary to meet the requirements of Subsection G(4) above.
Drainage.
Roads and driveways shall be designed so that there will be no discharge of storm drainage to the travel surface of an existing or proposed road nor into the immediate upslope drainage area of a water supply well or sewage disposal system.
Surface drainage shall not be permitted to discharge directly to adjacent land without a drainage easement. All drainage easements shall be at least 20 feet in width and accurately shown on the subdivision plan.
Where a proposed road slopes down to an intersection, a low point shall be provided at least 10 feet back from the intersected road and catch basins provided to collect gutter flows.
Curbing shall be provided to control gutter flows on all roadways where a gradient of 5% or greater occurs, and suitable erosion control measures shall be provided to stabilize shoulders on lesser gradients if so directed by the Commission.
Wherever possible, storm drainage from roads and driveways shall be accommodated in retention or detention basins for controlled and gradual release. All systems designed for the accommodation of stormwater runoff shall be required to meet the criteria for zero incremental runoff and other standards prescribed in § 230-22. No alteration of natural wetlands or watercourses shall be permitted without prior approval of the Conservation Commission where its jurisdiction applies as the Inland Wetlands Agency.
Right-of-way protection.
No land clearing, excavation, filling or regrading shall take place on any proposed road right-of-way in an unapproved subdivision (with the exception of clearing for test pits and surveying) without prior Commission approval.
Every road right-of-way, including bank slopes and driveway cuts and fills, shall be preserved in a stable, thoroughly planted condition. The Commission may require that construction avoid major trees and other significant natural features and that such features be protected from the effects of construction by such devices as walls, barriers, retaining walls, and special erosion control measures.
Standard steel guide rail fencing or the equivalent, where required for safety, shall be shown on the plan and installed by the developer as directed by the Commission.
Where sight line easements are shown on the subdivision plan, a note shall be added conferring on the Town or other holder of the right-of-way the right to clear, regrade and maintain said easements as necessary for safe visibility or in conformity with specifications stated on the plan.
J. Road names and address numbers. Road names shall be proposed by the developer and shall be approved by the Fire Marshal and Police Chief prior to submission to the Commission. Road names shall require approval by the Commission and shall not closely resemble any existing road name in Weston or its vicinity. A Town standard sign bearing the name of the approved road shall be placed at each intersection. Such names shall be shown on the final subdivision plan.
[Amended 3-16-1987]
Utilities. All distribution and service lines for electric, telephone, gas, water, sanitary sewer and other facilities shall be installed underground in accordance with plans approved by the Commission and shall be completed to the property line of each lot before final road paving. Significant installations serving more than one lot, such as pad-mounted transformers, pump stations, water standpipes, stormwater filtration basins, and the like, shall be placed underground wherever possible. Any facility requiring aboveground installation shall be located and effectively screened as directed by the Commission. Where utility lines must cross private land, a perpetual easement at least 20 feet in width shall be provided and shown on the subdivision plan.
Construction requirements for roads. Roads shall be required to meet the standards of Subsection M. Road classification may be determined in each case by the Commission. Roads shall be constructed in conformity with § 230-9F and the standard specifications for subdivision road construction.
Road classification and design standards.
The classification of existing and proposed roads may be indicated in the adopted Town Plan of Development and shall be specifically determined by the Commission in each application.
Arterial, or connector, roads are those inter-town state-maintained roads which serve primarily regional needs and carry significant volumes of non-local traffic.
Major, or collector, roads are those through roads which serve larger neighborhoods, provide town traffic circulation, or are projected to carry significant traffic volumes.
Minor, or local, roads are those through or dead-end roads which serve primarily as access to local neighborhoods and abutting lots.
Neighborhood lanes are those public or private dead-end roads serving no more than eight residential lots.
The following standards govern the design and construction of all subdivision roads:
<table><colgroup><col align="left" width="0%"> <col align="left" width="4%"> <col align="left" width="32%"> <col align="center" width="24%"> <col align="center" width="20%"> <col align="center" width="20%"></colgroup><thead><tr><th align="left"></th><th align="left" colspan="2"></th><th align="center"><p><b>Neighborhood Lane</b></p></th><th align="center"><p><b>Minor Road</b></p></th><th align="center"><p><b>Major Road</b></p></th></tr></thead><tbody><tr><td align="left"></td><td align="left" colspan="2"><p>Right-of-way, minimum width (feet)</p></td><td align="center"><p>40</p></td><td align="center"><p>50</p></td><td align="center"><p>50</p></td></tr><tr><td align="left"></td><td align="left" colspan="2"><p>Travel way, minimum width, excluding shoulder and curbs (feet)</p></td><td align="center"><p>20</p></td><td align="center"><p>22</p></td><td align="center"><p>24</p></td></tr><tr><td align="left"></td><td align="left" colspan="2"><p>Horizontal curve at center line, minimum radius (feet)</p></td><td align="center"><p>120</p></td><td align="center"><p>150</p></td><td align="center"><p>250</p></td></tr><tr><td align="left"></td><td align="left" colspan="2"><p>Horizontal tangent between reverse curves, minimum (feet)</p></td><td align="center"><p>100</p></td><td align="center"><p>150</p></td><td align="center"><p>200</p></td></tr><tr><td align="left"></td><td align="left" colspan="2"><p>Vertical curve, minimum radius (feet)</p></td><td align="center"><p>75*</p></td><td align="center"><p>100*</p></td><td align="center"><p>150*</p></td></tr><tr><td align="left"></td><td align="left" colspan="2"><p>Gradient</p></td><td align="center"></td><td align="center"></td><td align="center"></td></tr><tr><td align="left"></td><td align="left"></td><td align="left"><p>Maximum</p></td><td align="center"><p>12%</p></td><td align="center"><p>10%**</p></td><td align="center"><p>8%</p></td></tr><tr><td align="left"></td><td align="left"></td><td align="left"><p>Minimum</p></td><td align="center"><p>1%</p></td><td align="center"><p>1%</p></td><td align="center"><p>1%</p></td></tr><tr><td align="left"></td><td align="left" colspan="2"><p>Clear sight distance, minimum (feet)</p></td><td align="center"><p>200</p></td><td align="center"><p>250</p></td><td align="center"><p>300</p></td></tr><tr><td align="left"></td><td align="left" colspan="2"><p>Easement for drainage utilities, minimum width (feet)</p></td><td align="center"><p>20</p></td><td align="center"><p>20</p></td><td align="center"><p>20</p></td></tr><tr><td align="left"></td><td align="left" colspan="2"><p>Off-road pedestrian easement, minimum width (feet)</p></td><td align="center"><p>25</p></td><td align="center"><p>25</p></td><td align="center"><p>25</p></td></tr></tbody></table> <table><colgroup><col align="left" width="0%"> <col align="left" width="5%"> <col align="left" width="95%"></colgroup><thead><tr><th align="left"></th><th align="left" colspan="2"><p>NOTES:</p></th></tr><tr><th align="left"></th><th align="left"><p>*</p></th><th align="justify"><p>Except that minimum radius shall be not less than the following values for each one-percent algebraic difference in grade: neighborhood lane, 15 feet; minor road, 20 feet; major road, 25 feet.</p></th></tr></thead><tbody><tr><td align="left"></td><td align="left"><p>**</p></td><td align="justify"><p>Except 12% on straight alignment where approved by the Commission.</p></td></tr></tbody></table>§ 230-22. Storm runoff and erosion control.
Soil and water conservation. A plan for control of stormwater runoff to prevent flash floods, conserve natural water tables, minimize erosion and siltation, and protect wetlands and other natural resources must accompany every subdivision application.
Design storm and drainage area.
In each subdivision, planning and design of stormwater facilities shall be based on potential storm runoff from the served area at full development, in accordance with fifty-year frequency storm criteria.
Culverts, catch basins, pipes, swales, and retention ponds shall be designed to accommodate storm runoff from upland watershed areas where no adequate stormwater retention facilities exist.
Zero increase in rates of runoff and erosion.
Development and other modification of land shall be planned so that there will be no increase in the volume of runoff, nor increase in the speed of stormwater discharge, nor increase in natural or preexisting rate of soil erosion, on the subdivision site under conditions of the fifty-year design storm.
(2) Storm runoff calculations shall be based on full development of the entire site and must conform to standard criteria contained in the Connecticut Department of Transportation Drainage Manual for hydrologic and hydraulic analyses and available at the office of the Town Engineer. Full development means development in accordance with current zoning regulations, with allowance made for planned roads, driveways, septic fields, and paved and semi-pervious areas.
[Amended 11-13-2008]
Zero incremental runoff shall be accomplished by appropriate water retention or infiltration systems designed to achieve a gradual, controlled and dispersed stormwater release, by such means as retention/detention basins, dry wells, diversion reservoirs, or permeable driveways or other systems designed in accordance with good engineering practices and sound environmental and conservation objectives.
Any alteration of existing wetlands or watercourses is subject to the regulatory jurisdiction of the Weston Conservation Commission and will require approval from that body.
Soil stabilization measures.
Development tending to increase runoff or soil saturation in unstable areas (such as significant slopes, stream banks, or shallow soil ledges) shall be avoided wherever possible. No construction shall take place in these areas prior to installation of protective measures approved by the Commission. During construction, all bank slopes shall be stabilized as rapidly as possible.
Previously existing unstable conditions on the site. such as steep banks, drainage ditches or eroding slopes, must be stabilized and corrected.
Localized increases in runoff velocity within the site shall be controlled as close to the source points as possible, to prevent an increase of erosion and siltation on the site.
Stormwater discharge to roads.
Storm drainage from driveways, cellar drains, roof drains and other impervious areas on lots shall not be discharged to the travel way of a road. Sites shall be designed to retain as much storm runoff as possible on the site for gradual release to natural water tables, but stormwater discharge to on-site road drainage systems may be approved by the Commission where effective detention facilities are provided at convenient downslope control points.
Roadside shoulder areas of all roads lacking curbs shall be designed to minimize scouring and erosion, as detailed in the plan approved by the Commission. "Soft drainage" on roads shall be prohibited where slopes exceed 5%.
Hundred-year floodplains. Except as specifically approved by the Commission under the Floodplain Management Regulations, no dwelling or other construction shall be located within any portion of the one-hundred-year floodplain. If a proposed subdivision is located in a floodplain the following requirements shall apply:
[Added 6-18-2010]
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 to reduce exposure to flood hazards; and
Drainage and erosion control plan.
(2) All storm drainage and retention facilities shall be designed with reserve capacity to accommodate sudden overloads caused by malfunction of existing undersized upland drainage facilities and for minimal maintenance, as determined appropriate by the Commission. Where the development of a subdivision will result in additional stormwater discharges to any wetland, watercourse or one-hundred-year floodplain, the plan shall include a runoff analysis (pre-development and post-development) in accordance with the Connecticut Department of Transportation Drainage Manual for the complete upland drainage basin and shall provide such retention/detention and other measures as are needed to fully protect the downstream area. All drainage computations and other analyses shall be described in an accompanying report.
[Amended 11-13-2008]
The Commission may require the submission of additional information or changes in design where necessary to implement the requirements of Subsections A through G inclusive.
Drainage easements.
Where storm drainage or retention facilities must serve more than one lot or be located off the site, the developer shall provide at his expense all necessary drainage easements. Such easements shall be perpetual, unobstructed, monumented courses at least 20 feet in width sufficient to provide convenient access to all facilities.
Drainage easements shall be conveyed to the Town of Weston where they serve Town roads and shall require maintenance covenants satisfactory to the Commission where they serve private roads or private lands.
Soil erosion and sediment control plan.
[Added 6-26-1985]
A soil erosion and sedimentation control plan (ESCP) shall be submitted with each subdivision application. This shall consist of a plan (map) and written narrative. If appropriate, the applicant may incorporate requirements of the following sections within the ESCP: § 230-22A, B, D and G.
The ESCP site map shall include the following:
Existing and proposed topography.
Proposed alterations during developmental activity.
Location and design detail of soil erosion and sedimentation control measures.
The accompanying narrative shall include the following:
Sequence of developmental activities such as grading, installation of drainage devices and erosion/sedimentation controls.
Sequence for final stabilization of the area.
Signed statement by the project engineer that an as-built certification will be submitted under his seal and signature at the completion of developmental activities.
Site development shall not begin until the Commission has approved the ESCP and site map. Said approval shall constitute certification when both plan and narrative are signed by the Chairman subsequent to vote of the Commission.
§ 230-23. Open space reservations.
General standards.
[Amended 12-30-2009]
The Commission shall require that 10% of the aggregate area of any proposed subdivision, which proposed subdivision consists of 10 acres or more, shall be reserved for open space, parks, or playgrounds as set forth in Connecticut General Statutes § 8-25.
The Commission shall determine the location and boundaries of the reserved area.
Each reserved area shall be of a suitable size, topography, and general character and shall have adequate access to serve the particular purpose for which the area is dedicated.
The area reserved pursuant to this section shall be delineated on the final subdivision plan approved by the Commission.
Editor's Note: Original § 3.12.2, Area requirements, which immediately followed this subsection, was repealed 12-30-2009.
Negative easements. Where significant natural resources would be endangered by development but a specific reservation for open space would unreasonably reduce the number of lots, the Commission may specify the granting of negative easements restricting development to protect the significant area. Such easements shall be shown on the subdivision plan and recorded in the Town land records for each affected lot at the time of filing the subdivision plan.
Trails and access to open space. The subdivider may propose the recipients of title to open space land and easements and shall be responsible for presenting such proposed agreements for conveyance before subdivision approval.
Ownership and maintenance. The subdivider shall propose and the Commission shall determine the form and adequacy of all arrangements for ownership, use privileges, and maintenance responsibility for all dedicated open space tracts and positive and negative easements. All conveyance of right, title, interest and easements shall be in form approved by the Town's legal counsel and shall be executed and recorded in the Town land records:
Coincident with the recording of the approved subdivision plan; or
No later than a specified date accepted by the Commission and noted on the subdivision plan.
Payment in lieu of open spaces. In lieu of reserving open space as required pursuant to Subsection A above, an applicant may, by written notice delivered to the Commission at any time prior to closing of the public hearing, elect to make a payment of a fee equal to the maximum sum permitted pursuant to Connecticut General Statutes § 8-25 (the "fee in lieu"). To be effective, such notice shall include an appraisal by a licensed appraiser jointly selected by the applicant and the Commission certifying to the Commission the amount of the fee in lieu; the cost of said licensed appraiser is to be paid solely by the applicant. The fee in lieu shall be become due and payable in the manner set forth in Connecticut General Statutes § 8-25. The fee in lieu shall be administered and utilized pursuant to Connecticut General Statutes § 8-25b. An applicant may revoke its election under this section at any time prior to closing of the public hearing, after which its election shall become irrevocable, subject only to withdrawal of the subdivision application.
[Added 12-20-2009]
§ 230-24. Roads, easements and reserved parcels.
All roads, easements and other reserved parcels shall be shown on the subdivision plan and their boundaries fixed with permanent monuments.
Subdivision applications shall include:
For all roads, easements and reserved parcels to be offered to the Town, a conveyance agreement prescribed by or acceptable to the Town.
For all roads, easements and reserved parcels for other ownership, a conveyance agreement which includes a perpetual ownership and maintenance covenant accepted by the designated recipient.
For temporary reservations, such as temporary turnarounds and dedications for future road extensions, a covenant which provides for interim ownership and maintenance responsibility and future conveyance to designated recipients.
Each of the above instruments shall become, as approved, a binding condition of the subdivision approval.
During the period of bonded obligation to the Town, the subdivider shall be responsible for proper maintenance and repair of all constructed facilities.
Roads, easements and reserved parcels required to be offered to the Town for acceptance on satisfactory completion of prescribed improvements include:
All roads classified as major (or collector) and those minor (or local) roads which connect at two or more points with other Town roads or serve 12 or more lots.
All drainage easements serving existing or proposed Town roads.
Pedestrian and other easements serving existing or proposed Town lands.
The following easements, where they lie within a lot, may be included in determining the minimum area of such lot: drainage, open space - negative, sight line, and slope. Easements which may not be included in determining minimum lot area are: access (right-of-way), open space - positive, pedestrian, and utility (where such easements restrict the use of the land).
§ 230-25. Waivers.
The Commission may waive any specific requirement of § 230-9, 230-14, 230-15, 230-16C, 230-17, 230-18, 230-21, 230-22, 230-23 or 230-31 of these regulations. The waiver must be approved by a three-fourths vote of all members of the Commission providing that the conditions for the granting of waivers specified in the particular section of these regulations are met and where it finds each of the following criteria applies:
Natural or physical conditions of the site are such that compliance with the particular requirement for submission or approval would create an exceptional difficulty for the applicant, and these conditions do not apply generally to other land in the vicinity.
The waiver would allow a feasible development alternative, under which reasonable use of the land will occur and natural resources will be soundly protected.
Granting the waiver is consistent with the purposes of these regulations and will promote the public health, safety, and welfare.
The Commission shall state on its records the reason for which a waiver is granted in each case.
§ 230-26. Expenses.
All expenses incurred by a subdivider for the preparation, submission and filing or recording of all applications, plans, maps and certificates required by these regulations shall be the sole responsibility of the subdivider.
§ 230-27. Withdrawal of application.
At any time prior to filing in the land records, a subdivision application may be withdrawn by the applicant by submitting a written notice to this effect to the Commission. Such withdrawal shall rescind any Commission approval as of the date of such notification, and all fees and application materials previously submitted shall be forfeited to the Commission.
§ 230-28. Filing in land records.
Approved subdivision plans shall be filed in the Town land records within 90 days of the Commission's approval. Within the same period, conveyances and covenants required by the approved plan shall also be filed in the land records unless an alternative date has been approved by the Commission and noted on the subdivision plan.
The Commission may, at the request of the applicant, where it deems that the circumstances justify such action, extend the period for filing an approved plan in the land records by not more than two consecutive periods of 90 days each.
Any filing in the land records of a subdivision plan lacking the Commission's inscribed approval over signature of its Chairman or Secretary, or modification of an approved plan without express authorization from the Commission, shall be invalid and render the plan null and void.
One copy of the approved subdivision plan on a scale of one inch equals 200 feet shall be provided for the Tax Assessor's office.
§ 230-29. Copies of filed maps to be submitted.
Within 15 days of the date on which an approved subdivision plan is filed in the land records, the subdivider shall submit to the Commission a Mylar film copy of the approved and recorded subdivision plan, showing the file date and Town map file number, together with one copy of all filed documents.
§ 230-30. Right of entry; completion of improvements.
§ 230-31. Public improvements.
[Added 9-23-2011]
Street and public utilities. Each subdivision approval shall prescribe the extent to which and the manner in which streets shall be graded and improved and public utilities and services provided (the "public improvements") pursuant to Connecticut General Statutes § 8-25(a).
Condition of approval; bonds and sureties; assessments. With respect to any approval, the Commission may:
Require that the applicant complete all public improvements prior to the endorsement and filing of the approval;
Require that the applicant file a restriction on the land records of each lot within the subdivision, in a form acceptable to the Commission or its agent, prohibiting the sale of any lot until such time as all public improvements are complete; or
Require:
Submission of a bond or surety in an amount and with surety and conditions satisfactory to the Commission securing to the Town the actual construction, maintenance and installation of such public improvements; or
Imposition of an assessment or other method whereby the Town is put in an assured position to complete the public improvements at the expense of the owners of the property within the subdivision.
Annotation: Option (3) is favored as it permits the Commission to secure adequate funds to install erosion control measures and complete other work if the public improvements are abandoned after they are started. This annotation is informational and is not binding on the Commission.
Bonds and sureties; standards.
Approval of form of bonds and sureties. The Commission or its agent shall approve the form of any bond or surety to be submitted pursuant to this section. Without limiting the generality of the foregoing, the text of each bond or surety, in the Commission's discretion, may be required to include a provision pursuant to which:
A five-percent monthly charge is assessed on any funds not delivered to the Town within five business days following a draw;
The issuer agrees that the bond or surety shall be governed by, and construed and enforced in accordance with, the internal laws of the State of Connecticut, without regard to principles of conflicts of law, and submits to the exclusive jurisdiction of any state or federal court sitting in Fairfield County, Connecticut, in any action or proceeding arising out of or relating to the bond or surety; and
The issuer indemnifies, defends and holds the Town harmless from all costs of enforcement and collection of the bond or surety (including, without limitation, attorney fees).
Approval of issuers. The Commission or its agent shall approve the issuer of any bond or surety to be submitted pursuant to this section and may require that each issuer maintain an office in the State of Connecticut.
Completion date. With respect to each approval, the Commission shall determine a date by which the public improvements shall be completed (the "completion deadline"). In the event that the Commission fails to determine such date, the completion deadline shall be the date such approval shall lapse.
Phased development. The Commission, in its discretion, may approve a subdivision for development in phases. In the event that the Commission approves phased development, the Commission shall determine the amount of any bond or surety required in each phase pursuant to Subsection G below and identify the lots affected by each phase pursuant to Subsection H below.
Required bond or surety.
In the event that the Commission elects to accept a bond or surety pursuant to Subsection B(3)(a) above, such bond or surety may be required to include:
Erosion control bond. A sum not to exceed 110% of the estimated cost of all erosion control reasonably necessary to complete all public improvements in all phases of development (each an "erosion control bond");
Construction bond. A sum not to exceed 110% of the estimated cost of constructing all public improvements for each phase of development; and
Interim maintenance bond. A sum not to exceed 110% of the estimated cost of maintaining all public improvements until such improvements have been accepted by the Town.
The Commission's estimate of the above-referenced costs shall be dispositive. Such estimate shall include, without limitation, the cost of materials, labor, surveying and engineering, advertising for bid, bid evaluation, contract negotiation costs, workers' compensation and other insurance premiums, and third-party construction management services, all upon prevailing wage rates pursuant to Connecticut General Statutes § 31-53 et seq., and include any applicable tax. The Town shall have no obligation to utilize Town employees to perform any portion of said work.
When posting of bond or surety is due. Except as set forth herein, any bond or surety required hereunder may, in the discretion of the person posting such bond or surety, be posted at any time before all public improvements are constructed and installed. Notwithstanding the foregoing:
No construction or installation of any kind may be commenced until any required erosion control bond is posted; and
For any subdivision that is approved for development in phases, no construction or installation approved for any phase may be commenced until any bond or surety required in connection with the previous phase is posted.
No transfer prior to posting of bonds and sureties. No lot shall be transferred to a buyer before any required bond or surety is posted. No lot situated within a portion of any subdivision that is the subject of a phased approval pursuant to Subsection E above shall be transferred to a buyer before any required bond or surety is posted for each phase affecting the lot.
Draw down of bonds and sureties. Bonds and sureties may be drawn down upon the earlier of:
The completion deadline, in the event that the public improvements have not been completed and maintained in a satisfactory manner.
The failure of the applicant to diligently complete any public improvements in a satisfactory manner following the transfer of any lot to a buyer.
The failure of the applicant to diligently complete any public improvements required for erosion control or to make the property safe in a satisfactory manner.
Assessments. In the event that the Commission elects to accept an assessment pursuant to Subsection B(3)(b) above, each owner of property within the subdivision (excluding property owned by the Town or any conservation organization) will be assessed an amount equal to the total estimated cost of constructing the public improvements and maintaining such public improvements until such time as they are accepted by the Town multiplied by a fraction, the numerator of which is the assessed value of such owner's property within the subdivision and the denominator of which is aggregate assessed value of all owners' property within the subdivision (excluding property owned by the Town or any conservation organization). Assessments shall be levied and become immediately payable following the completion deadline in the event that the public improvements have not been completed and maintained in a satisfactory manner. Any unpaid assessment shall be a lien on the defaulting owner's property within the subdivision. Assessments shall include, without limitation, the cost of materials, labor, surveying and engineering, advertising for bid, bid evaluation, contract negotiation costs, workers' compensation and other insurance premiums, and third-party construction management services, all upon prevailing wage rates pursuant to Connecticut General Statutes § 31-53 et seq.. and include any applicable tax. The Town shall have no obligation to utilize Town employees to perform any portion of said work.
Release of bonds and sureties. Bond and sureties shall be released pursuant to the requirements of Connecticut General Statutes § 8-25(d)(2).
Extension and modifications. Upon receipt of any application to modify or extend an approval granted pursuant to this section, if granted, the Commission shall reestimate the amount of each bond and surety and require issuance of a replacement bond or surety in the event that such bond or surety is deemed insufficient.
Maintenance of public improvements. All owners of property within the subdivision (excluding property owned by the Town or any conservation organization) shall be jointly and severally liable for the repair and maintenance of all public improvements (including keeping all roadways and drainage facilities free of ice, snow and debris) until such time as such public improvements are accepted by the Town.
Recorded site plan disclaimer; bonds and sureties. Any recorded site plan or other document evidencing approval of a subdivision where posting of a bond or surety is required shall bear the following disclaimer prominently:
| WARNING: PURSUANT TO C.G.S. § 8-25(d)(1), NO LOT SHALL BE TRANSFERRED TO A BUYER BEFORE ANY BOND OR SURETY REQUIRED PURSUANT TO THIS APPROVAL IS POSTED. |
|---|
Recorded site plan disclaimer; assessments. Until all public improvements have been completed, any recorded site plan or other document evidencing approval of a subdivision and any deed or other instrument evidencing the conveyance of any interest within a subdivision where an assessment is required shall bear the following disclaimer prominently:
| WARNING: AN ASSESSMENT SECURING THE CONSTRUCTION OF PUBLIC IMPROVEMENTS AT THE EXPENSE OF THE OWNERS OF THE PROPERTY WITHIN THIS SUBDIVISION MAY BE IMPOSED PURSUANT TO C.G.S. § 8-25(a)(1) AND SUBDIVISION REGULATION § 230-31. |
|---|
§ 230-32. Construction scheduling and inspection.
The Town Engineer shall act as agent of the Commission in making all necessary inspections and in determining compliance with required construction plans and specifications.
Before undertaking work on required improvements, the applicant (or developer) shall confer with the Town Engineer to determine the particular stages of construction at which Town inspection will be required.
At least two full working days in advance, the developer shall notify the Town Engineer of the schedule for each designated stage.
Following initial clearing and rough grading, no work shall proceed on any stage of the construction until the Town Engineer has inspected and approved the preceding work for compliance with approved construction plans and specifications.
Should unforeseen natural or technical difficulties make changes necessary in the construction plan, the Commission may approve amendments to the technical design or specifications of such plan consistent with recommendations of the Town Engineer and the purposes of these regulations.
§ 230-33. As-built plans.
When the Town Engineer has certified that all construction requirements have been satisfactorily completed and are in proper condition, the developer shall submit to the Commission an as-built plan and profile drawing. The plan and drawing shall show the actual locations, grades, elevations and specifications of all constructed improvements, including roads, driveways, pedestrian walks, bus stops, curbs, culverts, bridges, headwalls, manholes, catch basins, pipe sizes and invert elevations, drains, retaining walls, dams, detention ponds, cut and fill slopes, guide rails and fences, sewer and water mains, transformers and the like.
The as-built plan shall be prepared and certified correct by a licensed engineer or surveyor and shall be similar in format, content, scale and technical standards to the construction plan. An attached schedule of notes shall describe deviations, if any, from the original construction plan approved by the Commission and cite the date such modifications were approved by the Commission.
§ 230-34. Lot line or road access changes.
[Added 3-16-1987]
Lot line changes or road access changes shall not be made to convert a lot without special natural characteristics to a lot with special natural characteristics without approval of the Commission.
§ 230-35. Authority.
The Planning and Zoning Commission may, on its own motion, or on the recommendation of the Board of Selectmen, or on petition of one or more property owners within the Town, amend these regulations in accordance with Chapter 126 of the General Statutes.
§ 230-36. Applications.
Applications for amendment shall be submitted in a form prescribed by the Commission, shall be written in clear and precise language, and shall be accompanied by an explanation of the consistency of the proposed amendment with the adopted Town Plan and the public health, safety and welfare.
§ 230-37. Hearing and notice required.
Amendments shall only be adopted after a public hearing has been held and legal notices have been published as prescribed by the statutes and approved by the Commission.
§ 230-38. Effective date of amendments.
Amendments shall become effective at such time as is fixed by the Commission.
§ 230-39. Word usage and definitions.
Words and phrases used in these regulations have the ordinary meanings as defined in standard dictionaries. Where doubt arises as to the intended meaning of any section, the proper interpretation shall be determined by the Planning and Zoning Commission.
The portion of a driveway or travel way for vehicles between the edge of the road and the property line, commonly referred to as the "apron." (For application see Driveway Ordinance.)
Any portion of a lot 25 feet in width which serves to connect the building area of the lot with the road on which it has frontage and access. Accessway is not counted toward minimum lot area.
A geologic formation which is capable of yielding usable quantities of groundwater.
The water-bearing strata of fractured crystalline rock which underlie upland till areas and are usually tapped by deep-driven wells for domestic water supply.
An earth formation comprised of sedimentary deposits, primarily lowland sand and gravel, which are capable of yielding significant quantities of groundwater.
The portion of a lot within which buildings or enclosed structures may be erected as limited by these regulations.
The Planning and Zoning Commission of the Town of Weston, Connecticut.
The plan map which accompanies a subdivision plan and shows the location, design and general specifications of specific improvements required to be constructed as a condition of the subdivision approval.
Any road or connected group of roads with one common egress and ingress.
Any person, persons, group, association, company, or corporation who or which engages in the development of land, whether intended for resale or not.
The construction of facilities or alteration of land which attends the creation of building sites, roads, driveways, drainage, buildings or structures, utilities, sewage disposal systems, or any other intensively built use of land.
Any system, natural or man-made, arranged to collect and transport the surface or subsurface runoff water discharged from land.
A graded and constructed roadway situated on a lot, designed to be used as the means of vehicular ingress from a road to the site of a building or structure.
The Driveway Ordinance of the Town of Weston, as now and hereafter adopted by the Town.
A lot which extends along two or more public or private roads, such roads being owned by other than the lot owner.
A structure or portion thereof which is used exclusively for human habitation.
A designated area of real property for which specific legal rights have been granted by its owner to others, together with those assigned rights.
An easement which grants to authorized persons, vehicles, or conveyances the right of travel thereon between specified points, together with rights to improve the same for safety or convenience.
An easement which grants to public or private parties the right to discharge collected stormwater thereon, or to convey the stormwater to another point of discharge, together with rights to channel, pipe or otherwise control the flow of water.
An easement which precludes the owner of the land from doing that which the owner would be entitled to do if the easement did not exist.
An easement which grants, to the Town or to others, rights for specified uses of property for installation and maintenance of improvements thereon, such as utility lines, slope rights, recreational or safety use, or development rights.
An easement which grants, to the Town or to others, the right to preserve and maintain in an open or undisturbed natural condition an area of special scenic or natural value, such as a stream, a water body, a ledge, a trail, or a distant view.
An easement which grants to the Town, or to the holder of fee title to a road, the right to establish clear sight lines between approaching traffic.
An easement which grants to the Town, or to the holder of fee title to a road, the right to use an area adjacent to the road for maintenance of a stable earth slope or constructed embankment.
ENVIRONMENTAL RESOURCES MANUAL
The Weston Environmental Resources Manual, a Guide to Natural Carrying Capacity in Connecticut, booklet and maps prepared for the Weston Planning and Zoning Commission, September 1976, on file at Weston Town Hall.
The process by which water and wind cause the removal and redistribution of soil or other earth materials.
An area of lowland subject to intermittent flooding as defined in the Floodplain Management Regulations of the Town of Weston.
FLOODPLAIN MANAGEMENT REGULATIONS
The Floodplain Management Regulations of the Town of Weston, Connecticut (effective December 4, 1978), as now and hereafter adopted by said Town.
Any land contained within the one-hundred-year frequency flood boundaries as now or hereafter shown on the rate maps adopted for flood insurance purposes by the Federal Emergency Management Agency, Federal Insurance Administration, United States Department of Housing and Urban Development, or successor agencies.
FLOODWAY (also REGULATED 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.
The extent of a lot along any road, street or public way on which it abuts.
The relative inclination or slope of a road or driveway, expressed as percent deviation from the horizontal at any point (e.g., a seven-percent grade indicates that that surface is rising or declining at a rate of seven feet vertical distance per 100 feet horizontal distance at the cited point).
An Ordinance Concerning the Regulation of Inland Wetlands and Watercourses of the Town of Weston (effective March 16, 1977) as now and hereafter adopted by the Town of Weston Conservation Commission.
A parcel of land used, intended or potentially available for building purposes. (Note: For certain limitations see Zoning Regulations § 240-74.)
Land permanently reserved from intensive development and dedicated to a suitable public or private organization for safety, recreation or for the purpose of preserving said land in a natural condition consistent with the conservation objectives of these regulations.
The official Plan of Development for the Town of Weston, Connecticut, with all amendments thereto, as now and hereafter adopted by the Town of Weston Planning and Zoning Commission.
A lot on or abutting a public road and where access to the public road is by a narrow, private right-of-way.
The entire land surface and subsurface storage area of a stratified drift aquifer; this area receives groundwater recharge directly by percolation from its surface as well as laterally from adjacent secondary recharge area.
The land surface and subsurface drainage area upland from and directly tributary to a stratified drift aquifer; groundwater and surface water not reaching perennial streams in this area recharge the primary aquifer.
The Subdivision Regulations of the Town of Weston, as herein contained, together with all amendments and attachments incorporated by reference.
An area of a lot designated and reserved for potential replacement of an existing or proposed sewage disposal system, approved for such purpose by the Westport-Weston Health District.
A tract or strip of land set aside to prevent the extension of a road, access drive, or utility line.
A change in a map of an approved or a recorded subdivision or resubdivision if such change:
Affects any street layout shown on such map;
Affects any area reserved thereon for public use; or
Diminishes the size of any lot shown thereon and creates an additional building lot, if any of the lots shown thereon have been conveyed after the approval or recording of such map.
A land surface area designated to collect and impound the increased stormwater runoff generated by land development, for the purpose of controlled release to groundwater or surface streams.
The legally defined strip of land which constitutes an easement for roadway or other purposes.
Any street, highway, avenue, lane or way dedicated to public use for movement of vehicles and pedestrians and which is shown on a subdivision plan approved by the Commission (or a map filed in the office of the Town Clerk prior to March 1, 1956); said road may be a state, Town or private road but excludes private driveways and rights-of-way.
ROAD CONSTRUCTION REGULATIONS, TOWN
Standard Specifications for Subdivision Road Construction, Town of Weston, Connecticut, effective April 1, 1970, as now and hereafter adopted by the Town of Weston, which ordinance is hereby incorporated by reference.
The process by which earth material, both mineral and organic, is carried in suspension by air, ice or water.
SIGHT LINE DISTANCE (also CLEAR SIGHT LINE)
The distance, measured in feet along an unobstructed line of vision, between a viewer and a distant object. For analysis, required sight lines are measured as follows:
At an intersection, approaching required "stop" line, taken from a point 3.5 feet above grade and 15.0 feet back from the travel way of the intersecting road, extending to approaching objects 4.0 feet high.
For all moving traffic lanes of a roadway, taken from a point 3.5 feet above grade at the center of the travel lane, extending forward to all parts of the travel way to objects 0.5 foot high.
The process by which earth material is deposited in water bodies or lowland areas.
The average natural grade of inclination of the earth's surface, measured for any point as the percent of deviation from the horizontal, based on topographic datum at five-foot intervals (e.g., a twenty-percent slope indicates land surface is rising or declining at an average 20 feet vertical distance per 100 feet horizontal distance at the cited point).
SOIL CONSERVATION SERVICE (SCS) HANDBOOK
The Erosion and Sediment Control Handbook for Connecticut, published by the United States Department of Agriculture, Soil Conservation Service, Storrs, Connecticut, 1976, and as it may be subsequently revised.
The Soil Survey of Fairfield County, Connecticut, published by the United States Department of Agriculture, Soil Conservation Service, 1981, Storrs, Connecticut. General types of soil classifications.
A complete design or assembly consisting of a solar energy collector, an energy storage facility (where used), and components for the distribution of transformed energy.
A combination of materials to form a construction for use, occupancy, or ornamentation, whether installed on, above, or below the surface of land or water.
The division of a tract or parcel of land into three or more parts or lots, made subsequent to the adoption of subdivision regulations by the Commission, for the purpose, whether immediate or future, of sale or building development (for municipal, conservation or agricultural purposes), including resubdivision.
The plan map and other documents which together comprise a complete application for subdivision approval.
The Town of Weston, Connecticut.
A lot, parcel or group of contiguous parcels comprising a subdivision.
That portion of a road or driveway which is designed and improved for the regular accommodation of vehicular traffic, shoulders, intersections and turnarounds.
The terminal portion of a dead-end road, designed to facilitate the turning of vehicles to the opposite (or return) traffic flow direction.
A turnaround serving a dead-end road which is planned for eventual extension, where both extension and turnaround are in accordance with plans approved by the Planning and Zoning Commission.
Any natural or artificial stream, river, creek, ditch, channel, canal, conduit, culvert, drain, waterway, gully, ravine or wash in which water flows in a definite direction or course, either continuously or intermittently, and has a definite channel, bed and banks, and includes any area adjacent thereto subject to inundation by reason of overflow or floodwater.
The area drained by a given stream or river.
Land consisting of soils which are poorly drained, very poorly drained, alluvial or floodplain as more particularly defined in the Weston Inland Wetland Regulations.
ZERO INCREMENTAL RUNOFF (also ZERO EXTRA RUNOFF)
The principle of detaining stormwater runoff on a site, through natural or artificial means, to achieve a rate and volume of stormwater discharge from the site which will be no greater after site development than the maximum rate and volume of stormwater discharge prior to development.
The Zoning Regulations of the Town of Weston, Connecticut, as now and hereafter adopted.
Editor's Note: See Ch. 51, Driveways.
Editor's Note: See Ch. 51, Driveways.
Editor's Note: See Ch. 212, Floodplain Management Regulations.
Editor's Note: See Ch. 215, Inland Wetlands and Watercourses Regulations.
Editor's Note: See Ch. 240, Zoning Regulations.
Zoning Regulations
Chapter 240. Zoning Regulations
[HISTORY: Adopted by the Planning and Zoning Commission of the Town of Weston 1-11-1980 (Appendix A of the 1981 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Planning and Zoning Commission — See Ch. 18, Art. I.
Aquifer Protection Agency — See Ch. 18, Art. VII.
Building construction — See Ch. 23.
Citations — See Ch. 39.
Driveways — See Ch. 51.
Land use fees — See Ch. 70, Art. I.
Historic Districts — See Ch. 93.
Aquifer protection area regulations — See Ch. 207.
Floodplain management regulations — See Ch. 212.
Inland wetlands and watercourses regulations — See Ch. 215.
Subdivision regulations — See Ch. 230.
§ 240-1. Statement of purposes.
The Planning and Zoning Commission of the Town of Weston, Connecticut, hereby adopts these regulations in furtherance of the Town’s adopted comprehensive plan of development and in accordance with the purposes, authority and requirements of Chapter 124 of the General Statutes of the State of Connecticut, as amended, more particularly described as follows:
To guide the future growth and development of the Town in accordance with a comprehensive plan designed to promote the most beneficial and convenient relationship among the residential, commercial and public areas within the Town, considering the appropriateness of the various uses in each area, and the suitability of each area for such uses, as indicated by existing conditions and trends in development.
To protect and conserve the value of land throughout the Town and the value of the buildings appropriate to the various zones established by these regulations.
To bring about the gradual conformity of the uses of land and buildings throughout the Town to the adopted comprehensive plan of development, and to minimize conflicts among the uses of the land and buildings.
To promote the most beneficial relation between the uses of land and buildings and the circulation of traffic throughout the Town, having particular regard to the avoidance of congestion in the roads and the provision of safe and convenient traffic access appropriate to the various uses of land and buildings throughout the Town.
To aid in providing a guide for public policy and action in the efficient provision of public facilities and services, and for private enterprise in building development, investment, and other economic activity relating to uses of land and buildings throughout the Town.
To encourage development commensurate with the availability and capacity of public facilities and services, thereby facilitating adequate provision for transportation, water, schools, parks and other public requirements.
To prevent the pollution of ponds and streams, safeguard the water table and encourage the wise use and sound management of natural resources throughout the Town in order to preserve the integrity, stability and beauty of the community and the value of the land.
§ 240-2. Classes of districts and purposes.
Inasmuch as the character and type of development throughout the Town is predominantly rural residential, supplemented by a limited amount of business and service establishments for the convenience of local residents, and based upon the rugged nature of the Town's topography, and the policies expressed in the adopted Town Plan of Development, the Town of Weston is hereby divided into the following districts:
R-2A, Two-Acre Residential and Farming District.
NSC, Neighborhood Shopping Center District.
§ 240-3. Zoning Map.
The boundaries between districts are hereby established as shown on the map entitled "Zoning Map, dated November 19, 1970" which accompanies these regulations and is on file in the office of the Town Clerk. Said map and all explanatory matter thereon are hereby adopted and made a part of these regulations.
§ 240-4. District boundaries.
District boundary lines are intended to follow roads, rights-of-way, watercourses, or lot lines, or be parallel or perpendicular thereto, unless such boundary lines are fixed by dimensions, as shown on the Zoning Map.
§ 240-5. Parcels of land in more than one zone.
Where a district boundary line divides a parcel of land under single ownership of record, the regulations specified herein for each district shall apply only to those portions of the parcel within such district.
§ 240-6. Conformity required.
Except as hereinafter provided, no land, building or structure, or part thereof, shall hereafter be used, and no building or part thereof, or other structure, shall be erected, constructed, reconstructed, extended, enlarged, altered or moved, and no building or structure, or part thereof, shall be moved onto any plot or parcel of land except in conformity with these regulations.
§ 240-7. Existing subdivisions.
These regulations shall apply to subdivision layouts now on file in the land records; provided, however, that nothing herein shall be construed to interfere with vested rights existing prior to the effective date of these regulations. Should the property included within said subdivision layouts be resubdivided at any time in the future, said resubdivision plans shall conform to these regulations.
§ 240-8. Conflicting standards.
Where these regulations impose requirements for greater width or size of lots, or other open spaces, or a lower height of building, or fewer number of stories, or a greater percentage of lot area to be left unoccupied, or impose other and higher standards than are required in any other statute, bylaw, ordinance or regulation, the provisions of these regulations shall govern. If the provisions of any other statute, bylaw, ordinance or regulation require a greater width or size of lots, or other open spaces or a greater percentage of lot area to be left unoccupied or impose other and higher standards than are required by these regulations, the provisions of such statute, bylaw, ordinance or regulation shall govern.
§ 240-9. Regulations applicable to all districts.
The following regulations shall apply in all zoning districts:
Buildings, uses and lots.
Lot for every building. Every building hereafter erected shall be located on a lot as defined herein, and except for Neighborhood Shopping Center Districts, there shall be no more than one principal building and its accessory structures located on any one lot.
Subdivision of a lot. Where a lot is formed hereafter from part of a lot already occupied by a building or structure, such separation shall be effected in such manner as not to impair conformity with any of the requirements of these regulations.
Lot width required. No part of any dwelling or other structure housing a principal use shall be erected on any part of a lot which is less width than the minimum required.
(4) Parts of lot not counted toward minimum area requirements. No part of any lot reserved for or used as a road, right-of-way or accessway shall be counted as part of the required minimum lot area. Land subject to easements for aboveground utilities which forbid buildings or structures within the area of the easement shall not be included as part of minimum lot area, nor shall any easement which grants exclusive surface use of the property to other than the owner, except drainage easements. Land under water and soils defined as "very poorly drained" in the National Cooperative Soils Survey, as may be amended from time to time, of the Soil Conservation Service of the United States Department of Agriculture may be used to satisfy no more than 20% of the minimum lot area requirement.
[Amended 7-1-1986]
New building on existing lots. A permit shall be issued for a permitted use on a lot which does not meet the minimum area or dimension requirements of these regulations:
[Amended 9-15-1985]
Provided that such lot existed in separate ownership as of the effective date of these regulations, or of any pertinent amendment thereof, and was so recorded on the Assessor's records or the land records of the Town;
Provided that the lot met the zoning requirements at the time the deed to the lot was recorded;
Provided that the owner of such lot did not and does not own other land contiguous thereto or directly across a road therefrom at the time of the adoption of these regulations, or subsequent thereto. (If this is the case, such other land or so much thereof as may be necessary, shall be combined with the first-named lot in such manner as to produce one or more conforming lots); and
Further provided that all setback and other requirements are complied with, in so far as possible, at the time of obtaining the zoning permit.
(6) Split lots. A parcel or tract of land that is divided by a public or private road, a major watercourse, a public or private easement restricting development (other than a utility easement or a right-of-way) does not meet the minimum lot area requirements unless it contains at least two contiguous acres of land. For purposes of this regulation, land is not contiguous if a public or private road, a major watercourse, a public or private easement restricting development, or a right-of-way divides it. This contiguity requirement applies even if the public or private road, major watercourse, public or private easement restricting development, or right-of-way and the parcel or tracts of land are in the same ownership. Construction on a lot that is subject to this section of the minimum area requirement regulation must take place on that section of the lot that contains the two contiguous acres of property. This regulation does not apply to passageways that serve as a second access to a parcel or tract of land and are dedicated exclusively to emergency access. For purposes of this section, "major watercourse" shall mean the Saugatuck River, the Aspetuck River, the West Branch of the Saugatuck, and any nonseasonal branch or tributary thereof being more than two feet wide at any point within the subject lot. (See C.G.S. § 8.26a.)
[Amended 5-18-2006]
Odd-shaped lots. A lot may not measure less than 75 in width or depth at any point except where the measurement of the width or depth of the lot at such point multiplied by three is equal to or greater than the distance from such point to the point where the lot boundary lines form a figure closed on three sides measured along a line running through the center of such portion of the lot. An accessway otherwise in compliance with these regulations shall not be a violation of this subsection. For example, a lot which narrows to 50 feet at a given point must become a closed geometric figure within 150 feet of such point. (See Illustration No. 1.) A lot which narrows to 30 feet at a given point must become a closed geometric figure within 90 feet of such point. (See Illustration No. 2.)
[Amended 5-4-2006]
| Illustration No. 1 | Illustration No. 2 |
|---|---|
| 230 Illustration 1.tif | 230 Illustration 2.tif |
Structures and projections within setback areas and additional restrictions.
Fences. The provisions of §§ 240-9B(7), 240-11F and 240-12D, shall not apply to fences.
[Added 5-26-2011]
Swimming pools and playing courts. All swimming pools, tennis, paddle and other such playing courts shall be deemed to be structures and shall be subject to §§ 240-9B(7), 240-11F and 240-12D without adjustment.
[Amended 5-26-2011]
(5) Projecting features above the roof level. The height limitations of these regulations shall not apply to antennas, flagpoles, church spires, belfries, cupolas, chimneys, or similar features, provided that such are not used for human occupancy, provided that they shall not extend more than 15 feet above roof level, and provided that the total area covered by such features shall not exceed 10% of the area of the roof upon which they are located.
[Amended 5-1-1989]
(6) Visibility at intersections. No structure, fence, hedge, tree or other planting shall be erected, placed or maintained on a corner lot in such a way as may obstruct traffic visibility across the triangular area formed by the two intersecting road right-of-way lines and a straight line connecting points along said right-of-way lines, which points are located 50 feet distant from the theoretical point of intersection of such lines measured along the lines. This provision shall not apply to existing trees, provided that no branches are closer than six feet to the ground.
[Amended 5-26-2011]
(7) Setback from watercourses. No structure shall be erected, constructed or reconstructed within 50 feet from the edge of any watercourse. The term "watercourse" shall have the meaning ascribed to such term in § 22a-38 of the Connecticut General Statutes.
[Amended 12-30-2009]
Exterior lighting. All exterior spot- or floodlighting, including the lighting of signs, shall be of such type and location and shall have such shading as will prevent the source of the light from directly illuminating any adjacent property or road. Within Neighborhood Shopping Center Districts, lighting shall be extinguished within one hour of the closing of a business use, but in no case later than 10:00 p.m. except such illumination as may be permitted by the Commission for property protection and public security. In approving any special permit application, the Zoning Board of Appeals may further limit the hours of lighting.
(9) Accommodation for the disabled. The Commission may, in its discretion and upon application by the owner, issue a permit for the temporary installation of an access ramp, elevator or other facility intended exclusively to provide a means of access to or within a residence or other structure for resident with a disability which facility would otherwise be prohibited under these regulations. The permit shall expire and the facility shall be removed upon the earlier of i) the tenth anniversary of the approval unless an application to renew is made, and ii) the date the disabled resident named in the application or his or her estate or administrator shall permanently relinquish residence of the property on which the facility is located. The Commission may, in its discretion, impose such reasonable conditions as it deems appropriate including, without limitation, requiring submission of a bond to secure the obligation to remove the facility upon expiration of the permit. The Commission may also in its discretion accept an application to renew said permit after the tenth anniversary referred to above. For purposes of this section, the term "disability" shall have the meaning ascribed to such term in the Americans with Disabilities Act.
[Added 12-30-2009]
Travel way obstructions. In order to provide adequate room for emergency vehicles to turn into driveways and access buildings and parcels, no structure, tree, shrub, boulder, mailbox or other obstruction shall be erected, placed or installed alongside any paved or unpaved vehicular travel way (including, without limitation, public ways and driveways) so as to reduce the unobstructed access to less than 14 feet in width. Such minimum required access may be increased in the discretion of the Commission or its agent to the extent required to accommodate the turn radii of emergency vehicles. No vehicular travel way may be obstructed by an arch or other overhead structure.
Fences.
[Amended 4-16-2012, effective 4-27-2012]
Fence height. No portion of any fence shall exceed six feet in height.
Guidance: Walls and retaining walls are included in the definition of "fence."
Open mesh fence. Notwithstanding the provisions of Subsection C(1), that portion of a fence consisting of open mesh having a mesh size of no less than two inches and consisting of a wire diameter of no greater than 0.120 inch (11 gauge) may measure up to 10 feet in height [measured from the adjoining grade pursuant to Subsection C(3) below].
Guidance: This is standard chain link.
Measurement of fence height. For purposes of this Subsection C, the height of a fence at any given point shall be determined by measuring the height of such fence from the adjoining finished grade on one side of the fence. In the event the measurement of one side of the fence differs from the other (including, without limitation, retaining walls), the greater measurement shall be deemed to be the height of the fence at the point of measurement. In the event the fence is constructed on a berm less than 20 feet in width at its base, the height of the berm shall be included in the height of the fence. In the event the fence is constructed within 20 feet of a retaining wall, the height of the retaining wall shall be included in the height of the fence. All ornamentation, lighting and other structures affixed to a fence shall be deemed part of the fence for purposes of measurement.
Prohibited materials. Barbed wire, razor wire, corrugated metal, orange plastic and like materials shall not be permitted.
§ 240-10. Only listed uses permitted.
No building, structure or premises shall be built, erected, altered, used, arranged or designed to be used for any purpose other than those specified in this section. Only those uses specifically listed as being permitted shall be permitted. All new construction shall require a zoning permit in accordance with § 240-67, and new or changed uses shall require a certificate of zoning compliance in accordance with § 240-68.
§ 240-11. Two-Acre Residential and Farming District.
Permitted principal uses. The following are permitted principal uses in the Two-Acre Residential and Farming District:
[Amended 5-26-2011]
Single-family dwelling, not to exceed one per lot.
Farming, provided that no structure used in any farming operation shall be less than 100 feet from any property line.
Permitted accessory uses. The following are permitted accessory uses in the Two-Acre Residential and Farming District:
[Amended 5-26-2011]
Customary accessory uses.
The display and sale of farm and garden produce and nursery and greenhouse stock the majority of which is raised on the premises ("produce"), provided that the areas, facilities and intensity of use devoted to the sale of produce remain clearly incidental to the permitted principal farming or residential use of the property. In no case shall the area devoted to the display and sale of such products exceed 400 square feet of ground and/or floor space. If any permanent structure is principally utilized for the sale of produce, a detailed plan for said structure and the parking area or areas shall be submitted to and approved by the Planning and Zoning Commission in accordance with procedures set forth in §§ 240-58 and 240-59, and with any entrance/exit drive designed so as to ensure adequate sight lines and minimize traffic hazards.
[Added 9-16-2013, effective 9-26-2013]
Uses permitted by special permit. The following are permitted uses in the Two-Acre Residential and Farming District subject to: i) the issuance of a special permit pursuant to Articles IV and V; and ii) any requirements and conditions imposed in connection with such approval:
[Added 5-26-2011]
Minimum lot area: two acres.
Minimum lot dimensions. The shape of each lot shall be such that a rectangle 170 feet by 200 feet can be contained within its horizontal boundaries. No part of any dwelling or principal building shall be erected at a point where the lot width is less than 170 feet. Each lot shall have frontage on a road or highway, as defined herein, of at least 170 feet, except as follows:
Where a lot fronts on a permanent turnaround no frontage of less than 50 feet shall be permitted.
One lot with a minimum frontage of 25 feet, or two adjacent lots each with a minimum frontage of 25 feet, shall be permitted between any two other lots each with a minimum of 170 feet of road frontage.
Access to two lots which would otherwise be served by adjacent twenty-five-foot wide accessways may be served by a common private right-of-way which is a minimum of 30 feet in width and has at least 30 feet of road frontage, where access is provided in the form of a joint travel path at least 16 feet in width and centered on the common property line. Acreage involved in the thirty-foot common right-of-way may not be counted as acreage toward the minimum lot dimension.
Minimum setback requirements. No structure shall extend less than 50 feet from the front lot line or 30 feet from any side or rear lot line. Notwithstanding the foregoing:
[Amended 5-26-2011]
In the case of a flag lot, no structure shall extend less than 30 feet from any lot line; and
In the case of a corner lot, no structure shall extend less than 50 feet from any front lot line or lot line adjacent to a road, or 30 feet from any other lot line.
Maximum building coverage. The land area covered by all principal and accessory buildings shall not be permitted to exceed 15% of the total lot area.
H. Maximum building height. No building or structure shall be permitted to exceed a height of 35 feet.
[Amended 3-1-1992]
§ 240-12. Neighborhood Shopping Center District.
[Amended 1-18-2007]
This Neighborhood Shopping Center District shall provide the people of Weston with needed and desirable convenience goods and services in a manner which will not be detrimental to the surrounding residential areas. The uses permitted in this district shall be limited to those which will primarily serve the residents of Weston and are consistent with the purposes for which the district was designed.
Permitted principal uses.
Stores and shops for the conduct of retail sales and personal service uses of a local convenience character.
Banks, business, professional, and civic offices.
Restaurants and other food service establishments where customers are served only when seated within an enclosed building. Such uses, however, may include a food takeout service incidental to the primary permitted use.
Automotive service stations, as defined in § 240-74, provided that any such station is located in a place approved by the Commission as not interfering with the normal operation of the balance of the Neighborhood Shopping Center District development, or the movement of pedestrian and vehicular traffic thereto and therefrom.
Permitted accessory uses.
Parking and loading space for motor vehicles, in accordance with the requirements of Article VIII.
Business signs, in accordance with the requirements of Article VII.
Exterior lighting, in accordance with the requirements of § 240-9B(8).
Any other use clearly and customarily incident to a permitted principal use.
Limitation on uses.
(1) The maximum square footage of any single building shall not exceed 8,000 square feet, regardless of its use. Calculation of such square footage shall include, but not be limited to, all floors, attics, basements, cellars, exterior areas enclosed by walls, fences and for hedges, and areas devoted to utilities.
[Amended 12-7-2006]
There shall be no exterior storage of articles for sale, or of other materials or equipment, except for a small amount of materials and equipment placed at the gasoline pump and solely for convenience in serving customers.
Lot dimensions.
Minimum lot area: five acres.
Minimum width of lot: 300 feet.
Minimum depth of lot: 300 feet.
Minimum road frontage: 300 feet.
Minimum setback, front lot: 100 feet.
Minimum setback, side lot: None, except where such lot abuts a residence district or a road, in which case the setback shall be at least 100 feet.
Minimum setback, rear lot: 100 feet.
Minimum setback for off-street parking and loading areas: 50 feet where adjoining a lot in a residence district; 10 feet where adjoining a street, except where a wider buffer planting is required by Subsection G of this section; 10 feet where adjoining a building in the case of unenclosed off-street parking areas intended for the customer use.
Maximum building height: two stories; 30 feet.
Maximum building coverage. Maximum coverage of buildings, structures and paved areas shall not exceed 15% of the lot area.
Landscaping.
Where a lot abuts or is directly across a minor road, as defined in the Town Plan of Development, from a residence district, a twenty-five-foot wide buffer strip shall be planted and permanently maintained with evergreen landscaping of a type, height and spacing approved by the Commission as being adequate to effectively screen the view of such development from a person standing at ground level on the residentially zoned property.
All other portions of a lot not covered by buildings, structures, off-street parking and loading spaces, sidewalks, or similar improvements shall be landscaped and permanently maintained with trees and/or other plantings of such type, height and location as may be necessary to harmoniously blend the business area in with the rural residential character of the Town as a whole. Areas may be permitted to remain in their natural state when approved as appropriate with the above objective by the Commission.
Approval of site plans.
[Amended 5-31-2007]
Before the issuance of a zoning permit, a detailed plan of development shall be submitted by the applicant to and approved by the Commission, and no development shall be carried out, or certificate of zoning compliance issued, except in conformance with such approved plan or a similarly approved revision of such plan.
The plan of development shall include, with respect to all existing and proposed development:
A survey meeting the minimum detail standard requirements for ALTA/ACSM land title surveys, and including all optional survey responsibilities and specifications as promulgated by the American Land Title Association then in effect, including, without limitation, parking data;
A floor plan showing the basic subdivision of buildings, all entrances, exits and loading and service areas;
Elevation drawings of all sides of the building, with finish materials and colors indicated;
Samples of all finish materials to be used on the exterior of any building;
A lighting plan showing the location, direction, power and timing of all exterior lighting and illuminated signage;
A roof plan showing all mechanical equipment, vents, hatches, skylights, etc., and the type and extent of screening to be provided; and
A list of all existing and proposed tenants, the permitted uses under each lease, and the number of square feet occupied by each such tenant.
In acting upon such plan of development, the Commission shall determine that the requirements of the Zoning Regulations are met, and that the plan of development is such that the architectural design, scale and mass of buildings and other structures, including the exterior building material, color, roofline and building elevations shall harmonize and be compatible with the residential nature of the community, to protect property values in the neighborhood, and to preserve the appearance and beauty of the community. The Commission shall attach such conditions to its approval as may be necessary to assure initial and continued compliance with these and other above-specified requirements.
The Commission shall act to approve or disapprove such plan of development within 65 days of the date it is received, and failure to act within such time limit shall constitute approval of the plan except to the extent such period may be extended pursuant to the statute.
Editor's Note: Amended at time of adoption of Code (see Ch. 205, Adoption of Regulations, Art. II).
§ 240-13. Uses deemed to be permitted uses.
Those uses identified in these regulations as requiring special permits shall be deemed to be permitted uses, subject to the satisfaction of the requirements and standards set forth in this section, in addition to all other requirements of these regulations. All such uses are declared to possess characteristics of such unique and distinct form that each specific use shall be considered as an individual case.
§ 240-14. Application.
[Amended 2-1-1984; 10-30-1986]
Application for a required special permit shall be made to the Planning and Zoning Commission. Said application shall be accompanied by four black and white prints of the proposed plan as required by § 240-15, and stamped envelopes with no return address, addressed to each of the owners of property within 250 feet of any portion of the lot on which the proposed special permit is located; such owners to be as shown in the latest real estate lists of the Town of Weston (or the actual owners of record if otherwise known to the applicant). Each such application shall be submitted to the Planning and Zoning Commission which shall hold a public hearing thereon and render a decision in accordance with §§ 8-26d and 8-26e of the Connecticut General Statutes. The Planning and Zoning Commission may approve the application and issue a special permit, provided that it finds that all of the following conditions and standards have been met:
The proposed use will serve a community need or convenience.
The location and size of the use, the nature and intensity of the operations involved in or conducted in connection with it, the size of the site in relation to it, and the location of the site with respect to streets giving access to it are such that it will be in harmony with the appropriate and orderly development of the district in which it is located.
The location, nature and height of building structures, walls and fences and the nature and extent of landscaping, screen plantings and exterior illumination on the site are such that the use will not hinder or discourage the appropriate use and development of adjacent land and buildings, or impair the value thereof.
Operations in connection with any such special permit use will not be more objectionable to nearby properties by reason of noise, fumes, vibration, or other characteristics than would be the operation of any permitted use not requiring a special permit.
E. Parking areas will be of adequate size for the particular use and shall be properly located and suitably screened with evergreen planting, walls or fences, or combination thereof, as determined necessary by the Planning and Zoning Commission, and the entrance and exit drives shall be designed so as to minimize traffic hazards.
[Amended 2-1-1984]
F. In those cases where it is proposed to convert a building or structure originally built and designed for other purposes, the Planning and Zoning Commission shall determine whether or not such building is adaptable to the proposed use from the point of view of public health and safety, and if it meets the other requirements of these regulations.
[Amended 2-1-1984]
§ 240-15. Required plan.
[Amended 2-1-1984]
A plan for the proposed development of a lot for a special permit use shall be submitted with the special permit application. The plan shall show the location of all buildings, uses, parking areas, traffic access and circulation drives, open spaces, landscaping, topography (including regraded contours), signs, exterior lighting, special features, and any other pertinent information, including information about neighboring properties, deemed necessary by the Planning and Zoning Commission, to determine and provide for the proper enforcement of these regulations.
§ 240-16. Conditions.
[Amended 2-1-1984]
The Planning and Zoning Commission shall attach such conditions to any approved use as are, in its opinion, necessary to assure initial and continued conformance to all applicable standards and requirements and in accordance with law.
§ 240-17. Action following approval.
[Amended 2-1-1984]
Within 15 days of the approval of a special permit use, the Planning and Zoning Commission shall file with the Building Inspector and Zoning Enforcement Officer one print of the approved plans, with the approval noted thereon, and a copy of the Commission's resolution, including a list of any conditions pertaining to the approval. One print of said plan and the resolution shall be made available to the applicant.
§ 240-18. Expiration of special permit.
[Amended 10-1-2009]
A special permit shall be deemed to authorize only the particular use or uses specified in the permit. A special permit shall expire if: i) said use or uses cease for more than one year for any reason other than fire or other casualty or is changed to another use; or ii) all required improvements are not completed as of the date which is five years following the date of issuance of the special permit, or such shorter or longer period as determined by the Commission and set forth in the conditions of approval. The Commission may extend any expiration date upon application by the permittee.
§ 240-19. Extension of certain special permits.
[Added 10-1-2009]
Editor's Note: Original Section 340, Additional standards and requirements, which immediately followed this section, was repealed 5-26-2011.
§ 240-20. Applicability.
[Amended 5-26-2011]
The following additional standards and requirements shall apply to the issuance of special permits.
§ 240-21. Place of worship.
[Amended 2-1-1984; 7-26-2007; 5-26-2011]
Location. All such uses shall be permitted only on a minimum lot area of three acres and only in locations fronting on, or having direct, safe and convenient access to, a major or collector road as determined by the Planning and Zoning Commission and shown on the Town Plan of Development Map.
Coverage. A minimum rectangle shall be contained within the lot of 300 feet by 300 feet. Minimum road frontage shall be 200 feet, and there shall be dual access to the public road. Building coverage shall not exceed 10% of the site area nor shall the sum total land covered with buildings and parking (including driveways) be permitted to exceed 30% of the site area.
Setbacks and parking. Minimum setback of all principal structures shall be 100 feet from the front line, sidelines and back lot line. Minimum parking setback for structures, land uses or facilities shall be 100 feet from the front line and 50 feet from the sidelines and back lot line. Minimum required parking space shall be as provided in § 240-54.
[Amended 6-3-2013]
Buffer zone. A buffer area shall be required along all lot lines of at least 50 feet in depth and contain evergreen planting of such type, height, spacing and arrangement as will screen the activity on the lot from adjacent properties. A wall or fence of location, height, design and materials approved by the Commission as providing equivalent screening may be substituted for all or part of the required planting.
Additional requirements. Maximum intensity of use and/or membership limit shall be as limited by the Fire Marshal. Maximum structure height shall be 35 feet, 2 1/2 stories. Sale of products or materials shall be restricted to only those products or materials which are customarily incidental to the principal use as determined by special permit. Dwelling use on the same lot is permitted, but an additional two acres shall be required for the dwelling, and all requirements for the dwelling and lot must meet the Zoning Regulations.
Established houses of worship. Notwithstanding any terms of Subsection C to the contrary, for churches, temples and places of worship established prior to August 1, 2007, the minimum setback of all structures shall be 50 feet to 100 feet from the front lot line and 30 feet to 100 feet from the side lot lines and the back lot line, as determined in the Commission's discretion. A buffer area within the approved setback area containing plantings and/or a wall or fence shall be established and maintained by the applicant. The location and size of the buffer is subject to prior review and approval by the Commission.
§ 240-22. Fire station.
[Amended 5-26-2011]
Location. All such uses shall be permitted only on a minimum lot area of three acres and only in locations fronting on, or having direct, safe and convenient access to, a major or collector road as determined by the Planning and Zoning Commission and shown on the Town Plan of Development Map.
Coverage. A minimum rectangle shall be contained within the lot of 170 feet by 200 feet. Minimum road frontage shall be 200 feet, and there shall be dual access to the public road. Building coverage shall not exceed 10% of the site area nor shall the sum total of land covered with buildings and parking (including driveways) be permitted to exceed 30% of the site area.
Setbacks and parking.
Minimum setback of all principal facilities and structures shall be 100 feet from the front line, sidelines and back lot line. Minimum setback of land use shall be 50 feet from the front line, sidelines and back lot line. Minimum parking setback from structures, land uses or facilities shall be 100 feet from the front line and 50 feet from the sidelines and back lot line.
Minimum required parking space shall be as provided in § 240-54.
[Amended 6-3-2013]
Buffer area. A buffer area shall be required along all lot lines of at least 50 feet in depth and contain evergreen planting of such type, height, spacing and arrangements as will screen the activity on the lot from neighboring areas. A wall or fence of location, height, design and materials approved by the Commission as providing equivalent screening may be substituted for all or part of the required planting.
Additional requirements. Maximum intensity of use and/or membership limit shall be as specified by special permit. Maximum structure height shall be 30 feet. Sale of products or materials shall be restricted to only those products or materials which are customarily incidental to the principal use as determined by special permit. Dwelling use on the same lot it prohibited.
Exception. This § 240-22 shall not apply to fire stations wholly owned by the Town of Weston.
§ 240-23. Private school.
[Amended 5-26-2011]
Location. All such uses shall be permitted only on a minimum lot area of two acres and only in locations fronting on, or having direct and convenient access to, a major or collector road as determined by the Planning and Zoning Commission and shown on the Town Plan of Development Map.
Coverage. A minimum rectangle shall be contained within the lot of 170 feet by 200 feet. Minimum road frontage shall be 200 feet, and there shall be dual access to the public road. Building coverage shall not exceed 10% of the site area nor shall the sum total of land covered with buildings and parking (including driveways) be permitted to exceed 30% of the site area.
Setbacks and parking. Minimum setback of all principal structures, equipment and facilities shall be 100 feet from the front line, sidelines and back lot line. Minimum parking set back shall be 100 feet from the front line and 100 feet from the sidelines and back lot line. Minimum required parking space shall be as provided in § 240-54.
[Amended 6-3-2013]
Buffer area. A buffer area shall be required along all lot lines of at least 50 feet in depth. Within the buffer area there shall be evergreen planting of such type, height, spacing and arrangement as will screen the activity on the lot from the neighboring areas. A wall or fence of location, height, design and materials approved by the Commission as providing equivalent screening may be substituted for all or part of the required planting.
Additional requirements. Maximum intensity of use and/or membership limit shall be restricted to eight students per acre. Maximum building height shall be 35 feet, 2 1/2 stories. Sale of products or materials shall be restricted to only those products or materials which are customarily incidental to the principal use as determined by special permit. Dwelling use on the same property is permitted, but an additional two acres shall be required for the dwelling, and the dwelling and lot must meet all requirements of the Zoning Regulations.
§ 240-24. Club.
[Amended 2-1-1984; 5-26-2011]
Location. All such uses shall be permitted only on a minimum lot area of three acres and only in locations fronting on, or having direct and convenient access to, a major or collector road as determined by the Planning and Zoning Commission and shown on the Town Plan of Development Map.
Coverage. A minimum rectangle shall be contained within the lot of 170 feet by 200 feet. Minimum road frontage shall be 200 feet, and there shall be dual access to the public road. Building coverage shall not exceed 10% of the site area nor shall the sum total of land covered with buildings and parking (including driveways) be permitted to exceed 30% of the site area.
Setbacks and parking. Minimum setback of all principal structures shall be 100 feet from the front line, sidelines and back lot line. Minimum parking setback for structures, land uses of facilities shall be 100 feet from the front line and 50 feet from the sidelines and back lot line. Minimum required parking space shall be as provided in § 240-54.
Editor's Note: Amended at time of adoption of Code (see Ch. 205, Adoption of Regulations, Art. II).
Buffer area. A buffer area shall be required along all lot lines of at least 50 feet in depth and contain evergreen planting of such type, height, spacing and arrangement as will screen the activity on the lot from neighboring areas. A wall or fence of location, height, design and materials approved by the Commission as providing equivalent screening may be substituted for all or part of the required planting.
Additional requirements. Maximum intensity of use and/or membership limit shall be as specified by special permit. Maximum building height shall be 30 feet. Sale of products or materials shall be restricted to only those products or materials which are customarily incidental to the principal use as determined by special permit. Dwelling use on the same property is permitted, but an additional two acres shall be required for the dwelling, and all requirements for the dwelling and lot shall meet the Zoning Regulations.
§ 240-25. Nursery school.
[Amended 2-1-1984; 8-18-2004; 5-26-2011]
Location. All such uses shall be permitted only on a minimum lot area of two acres and only in locations fronting on, or having direct and convenient access to, a major or collector road as determined by the Planning and Zoning Commission and shown on the Town Plan of Development Map. Dwelling use on the same property is permitted, but an additional two acres shall be required for the dwelling. The dwelling and lot must meet all the requirements of the Zoning Regulations.
Coverage. A minimum rectangle shall be contained within the lot of 170 feet by 200 feet. Minimum road frontage shall be 170 feet or 50 feet on a turnaround or 25 feet on a flag lot. Building coverage shall not exceed 15% of the site area nor shall the sum total of land covered with buildings and parking (including driveways) be permitted to exceed 30% of the site area. A single-access driveway shall be permitted.
Setbacks and parking. Minimum setback of all principal structures, equipment and facilities and land uses shall be 100 feet on the front line, sidelines and back lot lines. Minimum parking setback shall be 100 feet from the front line, 100 feet from the sidelines and back lot line. Minimum required parking space shall be as provided in § 240-54.
Editor's Note: Amended at time of adoption of Code (see Ch. 205, Adoption of Regulations, Art. II).
Buffer area. A buffer area shall be required along all lot lines of at least 30 feet in depth and contain evergreen planting of such type, height, spacing and arrangement as will screen the activity, equipment and facilities. A wall or fence of location, height, design and materials approved by the Commission as providing equivalent screening may be substituted for all or part of the required planting.
Additional requirements. Maximum intensity of use and/or membership limit shall be eight students per acre. Maximum building height shall be 35 feet, 2 1/2 stories. Sale of products or materials shall be restricted to only those products or materials which are customarily incidental to the principal use as determined by special permit. Dwelling use on the same lot is permitted. If such use is conducted within the dwelling or in a nondwelling, requirements set forth by the State Public Health Department shall be met.
§ 240-26. Riding stable or academy.
[Amended 2-1-1984; 5-26-2011]
Location. All such uses shall be permitted only on a minimum lot area of five acres and only in locations fronting on, or having direct and convenient access to, a major or collector road as determined by the Planning and Zoning Commission and shown on the Town Plan of Development Map.
Coverage. A minimum rectangle shall be contained within the lot of 300 feet by 300 feet. Minimum road frontage shall be 200 feet, and there shall be dual access to the public road. Building coverage shall not exceed 10% of the site area nor shall the sum total of land covered with buildings and parking (including driveways) be permitted to exceed 30% of the site area.
The setbacks and parking. No structure, riding ring, corral, manure pit used for or in conjunction with the operation shall be located in a manner that any part thereof shall be less than 150 feet from the nearest line of any road, street or highway abutting the property or any side and rear boundary line. Minimum parking setback shall be 150 feet from the front line and 150 feet from the sidelines and back lot line. Minimum required parking space shall be as by special permit for the event but with a minimum of two parking spaces per horse. A parking plan shall be required showing the location and dimensions of proposed parking area, the type of surface to be used, provisions for storm drainage and other improvements to limit water runoff, and the location of the access road or roads. The provisions for traffic control, parking and handling of large horse vans during the conduct of horse shows shall be made by the applicant.
Buffer area. A buffer area shall be required along all lot lines of at least 50 feet in depth and contain evergreen planting of such type, height, spacing and arrangement as will screen activity on the lot from neighboring areas. A wall or fence of location, height, design and materials approved by the Commission as providing equivalent screening may be substituted for all or part of the required planting.
Additional requirements. Maximum intensity of use and/or membership limit shall be restricted to four horses per acre. Maximum building height shall be 30 feet. Sale of products or materials shall be restricted to only those products or materials which are customarily incidental to the principal use as determined by special permit. Dwelling use on the same property is permitted, but an additional two acres shall be required for the dwelling, and all requirements for the dwelling and lot must meet the Zoning Regulations. No horse shall be housed in any part of a building used as a residence. The use of temporary buildings or trailers for the stabling of horses in excess of 15 days is prohibited. There shall be no storage or supplies outside of permanent buildings. Stable manure must not create a health hazard from an air and water pollution standpoint to the community in general or the persons inhabiting or using the surrounding acreage, and therefore the stabling of horses shall conform to all regulations of local and state health authorities. Adequate fencing must be installed and maintained to reasonably contain the horses within the property. The use of public address systems, the conduct of the instruction of riders, training of horses and the spectator participation in competitions should be modulated and continuously controlled in order to avoid becoming a nuisance to surrounding neighbors.
§ 240-27. Municipal uses on Town-owned lots.
[Added 1-17-2008; amended 5-26-2011]
Applicability. This § 240-27 shall apply to uses engaged in by the Town other than:
Uses in which the Town is engaged on a particular lot as of the effective date of this section, provided that no intensification of such preexisting uses shall be permitted except in conformity with this section.
Ordinary maintenance and repair of preexisting structures, provided that no intensification of any preexisting nonconformity shall be permitted except in conformity with this section.
Rental of single-family dwellings for income, limited to one dwelling per lot and otherwise in conformity with these regulations.
Construction, maintenance, improvement and replacement of roads, bridges, or drainage facilities, except insofar as such work is otherwise required in connection with an application submitted under this section.
Location. All Town uses shall be permitted only on a minimum lot area of three acres and only in locations fronting on, or having direct, safe and convenient access to, a major or collector road as determined by the Planning and Zoning Commission and shown on the Town Plan of Development Map.
Coverage. A minimum rectangle of 170 feet by 200 feet shall be contained within the lot. Minimum road frontage shall be 200 feet, and there shall be dual access to the public road. Building coverage shall not exceed 20% of the site area nor shall the sum total of land covered with buildings and parking (including driveways) be permitted to exceed 30% of the site area.
Setbacks. Minimum setback for all structures shall be 100 feet from the front line, sidelines and back lot line. Minimum setback for any land use shall be 50 feet from the front line, sidelines and back lot line. Minimum setback for parking shall be 100 feet from the front line and 50 feet from the sidelines and back lot line.
Buffer area. A buffer area shall be required along all lot lines of at least 50 feet in depth and contain evergreen planting of such type, height spacing and arrangements as will screen the activity on the lot from neighboring areas. A wall or fence of location, height, design and materials approved by the Commission as providing equivalent screening may be substituted for all or part of the required planting.
Height. Maximum building height shall be 35 feet.
Waiver. The Commission may, in its discretion, waive any one or more of the requirements described in Subsections B through F above or of § 240-14B, C, D and F where necessary in the interest of public health, safety or welfare.
No expiration of approved permit. With the exception of the first sentence, § 240-18 shall not apply to any permit approved pursuant to this section.
Mixed-use; multiple-family dwellings. The use of any structure as a dwelling on the same lot as another use shall be prohibited other than overnight accommodations for emergency service personnel. Except to the extent affirmatively required (and not merely permitted) by state law, the Town shall not engage in the ownership, construction, or operation of multifamily dwelling units other than overnight accommodations for emergency service personnel.
§ 240-28. Regulated home occupation.
[Amended 7-16-2001; 10-15-2001; 5-26-2011]
Such accessory use(s) shall be clearly subordinate to the residential use of the property and shall not impair the residential character of the premises or the neighborhood.
Such accessory use shall not exceed 1,500 square feet or 1/2 the total floor area of the principal dwelling, whichever is less. No permanent dedication of the residential structure to nonresidential uses shall result from such accessory use(s). No significant alteration of or addition to a structure designed and built originally for other uses shall be allowed for a home occupation without a special permit.
There shall be no storage of materials or other evidence of the accessory use outside the residence, except for one sign, as permitted under § 240-45.
The traffic impact of such accessory use shall not alter the existing residential character of the neighborhood. Parking area(s) shall be subject to the review and approval of the Planning and Zoning Commission, in accordance with the procedures set forth in § 240-59 as being of adequate size for the particular use, suitably screened throughout the year with evergreen planting, walls or fences, or combinations thereof, properly designed to avoid any sanitation or drainage problems, and with entrance and exit drives designed so as to minimize traffic hazards.
No noise, odor, vibration, illumination, pollution, unsightly or unsanitary condition caused by such accessory use shall be noticeable beyond the property boundary, nor shall the use create interference with radio or television reception in the vicinity.
Only one commercial vehicle not to exceed 9,000 pounds gross vehicle weight shall be used in connection with any such accessory use. Such commercial vehicle shall be garaged or otherwise screened and hidden from view of the road(s) and adjoining properties when not in use.
All products sold on the premises shall be made on the premises, except for the sale of items which are incidental to the provision of a permitted service.
There shall be no mechanical or structural fabrication or assembly of any products or items (other than art works or cabinetry), except that which is incidental to the provision of a permitted service.
When instruction is offered in the home where there are to be more than four students on the premises at any one time, a special permit shall be required.
§ 240-29. Museum/art gallery.
[Amended 2-1-1984; 5-26-2011]
Location. All such uses shall be permitted only on a minimum lot area of three acres and only in locations fronting on, or having direct, safe and convenient access to, a major or collector road as determined by the Planning and Zoning Commission and shown on the Town Plan of Development Map.
Coverage. A minimum rectangle shall be contained within the lot of 300 feet by 300 feet. Minimum road frontage shall be 200 feet, and there shall be dual access to the public road. Building coverage shall not exceed 10% of the site area nor shall the sum total land covered with buildings and parking (including driveways) be permitted to exceed 30% of the site area.
Setbacks and parking. Minimum setback of all principal structures shall be 100 feet from the front line, sidelines and back lot line. Minimum parking setback for structures, land uses or facilities shall be 100 feet from the front line and 50 feet from the side lines and back lot line. Minimum required parking space shall be as provided in § 240-54.
[Amended 6-3-2013]
Buffer zone. A buffer area shall be required along all lot lines of at least 50 feet in depth and contain evergreen planting of such type, height, spacing and arrangement as will screen the activity on the lot from adjacent properties. A wall or fence of location, height, design and materials approved by the Commission as providing equivalent screening may be substituted for all or part of the required planting.
Additional requirements. Maximum intensity of use and/or membership limit shall be as limited by the Fire Marshal. Maximum structure height shall be 35 feet, 2 1/2 stories. Sale of products or materials shall be restricted to only those products or materials which are customarily incidental to the principal use as determined by special permit. Dwelling use on the same lot is permitted, but an additional two acres shall be required for the dwelling, and all requirements for the dwelling and lot must meet the Zoning Regulations.
§ 240-30. Farmers' market.
[Added 5-26-2011]
A farmers' market shall not be permitted to operate on any lot containing a single-family dwelling.
A special permit issued for a farmers' market shall expire 12 months from the date of issuance, provided that the Commission may, in its discretion, establish an alternate period of no less than four months and no more than 48 months.
All structures and equipment erected, installed or used primarily for a farmers' market shall be removed from the lot (or stored in a structure so as to not be visible from the exterior of such structure) during any period the farmers' market is not operating.
§ 240-31. Parks and playgrounds.
[Added 5-26-2011]
Parks and playgrounds shall not be permitted to operate on any lot containing a single-family dwelling.
No building may be constructed within a park or playground.
Structure coverage shall not exceed 20% of the site area in the aggregate. Structure, parking, driveway and impermeable surface coverage shall not exceed 30% of the site area in the aggregate.
Minimum setback of all structures, equipment, parking areas and any paved or impermeable surface other than driveways shall be 50 feet from the front, side and rear lot lines.
The Commission may, in its discretion, require installation and maintenance of fencing and/or planting and maintenance of a buffer area of up to 50 feet in depth.
Any special permit issued with respect to parks and playgrounds may be terminated, in the Commission's discretion, in the event any portion of any lot within the special permit area is conveyed or dedicated to a another use.
This § 240-31 shall not apply to parks and playgrounds wholly owned by the Town of Weston.
Editor's Note: Original Section 342, Display and sale of farm produce and nursery and greenhouse stock, which immediately followed this section, was repealed 5-26-2011.
§ 240-32. Limited home occupation.
[Amended 7-16-2001; 10-15-2001; 5-26-2011]
Such accessory use(s) shall be clearly subordinate to the residential use of the property and shall not impair the residential character of the premises or the neighborhood.
Such accessory use shall not exceed 1,500 square feet or 1/2 the total floor area of the principal dwelling, whichever is less. No permanent dedication of the residential structure to nonresidential uses shall result from such accessory use(s). No significant alteration of or addition to a structure designed and built originally for other uses shall be allowed for a home occupation without a special permit.
There shall be no storage of materials or other evidence of the accessory use outside the residence, except for one sign, as permitted under § 240-45.
The traffic impact of such accessory use shall not alter the existing residential character of the neighborhood. Parking area(s) shall be subject to the review and approval of the Planning and Zoning Commission, in accordance with the procedures set forth in § 240-59 as being of adequate size for the particular use, suitably screened throughout the year with evergreen planting, walls or fences, or combinations thereof, properly designed to avoid any sanitation or drainage problems, and with entrance and exit drives designed so as to minimize traffic hazards.
No noise, odor, vibration, illumination, pollution, unsightly or unsanitary condition caused by such accessory use shall be noticeable beyond the property boundary, nor shall the use create interference with radio or television reception in the vicinity.
Only one commercial vehicle not to exceed 9,000 pounds gross vehicle weight shall be used in connection with any such accessory use. Such commercial vehicle shall be garaged or otherwise screened and hidden from view of the road(s) and adjoining properties when not in use.
All products sold on the premises shall be made on the premises, except for the sale of items which are incidental to the provision of a permitted service.
There shall be no mechanical or structural fabrication or assembly of any products or items (other than art works or cabinetry), except that which is incidental to the provision of a permitted service.
When instruction is offered in the home where there are to be more than four students on the premises at any one time, a special permit shall be required.
§ 240-33. Keeping of roomers or boarders.
The keeping of roomers or boarders shall be permitted subject to the following conditions:
No more than three roomers or boarders may be accommodated on any lot.
The leasing of rooms and taking of boarders may be conducted only by owner occupants.
Roomers and boarders must be accommodated within the principal dwelling and shall not be provided with separate cooking facilities.
Nothing in this section shall be construed to permit tourist cabins, trailer camps, apartments, hotels, inns, taverns or roadhouses.
§ 240-34. Apartments.
[Amended 7-1-1989; 5-26-2011]
One apartment is allowed within a dwelling if the following conditions are met:
The apartment is located in a dwelling on a lot of two acres or more or on a preexisting nonconforming building lot.
The apartment is within the main dwelling and shall be designed so that, to the maximum extent possible, the appearance of the building remains that of a one-family residence. An outbuilding or auxiliary structure may not be connected to the main building and made into an apartment or, if already connected, may not be used as an apartment.
The apartment shall have safe and proper means of entrance and exit. In the case of a basement apartment, there shall be at least two separated exits, and proper ventilation shall be provided.
The floor space devoted to such apartment shall not exceed 25% of the entire floor area of the dwelling, nor shall it be greater than 800 square feet in gross floor area, including interior access to the apartment.
The owner (someone who owns not less than 1/4 interest in the lot) of the residence in which the accessory apartment is created shall occupy the main section of the house or the apartment except for bona fide temporary absences. In no case shall the house and the apartment be rented simultaneously.
The application shall include an accurate description of the facts of the proposed facility as required by the Commission or its agent. The Commission or its agent may require the applicant to supply architectural drawings, surveyors' maps or engineering data and such other information as the Commission or its agent finds necessary to ensure that the application complies with all applicable regulations.
There shall be no more than one apartment in any dwelling.
Editor's Note: Original Section 346, Public utility substations, and Section 347, Swimming pools and playing courts, which immediately followed this section, were repealed 5-26-2011.
§ 240-35. Soil disturbance permit.
The deposit, regrading, excavation and removal of soil shall be prohibited unless a permit has been issued for such activity pursuant to this Article VI. Zoning permits and special permits issued pursuant to any other section of these regulations shall not be deemed to satisfy the provisions of this article.
§ 240-36. Permit prerequisites.
No permit shall be issued hereunder unless the following requirements have been met:
Survey. Submission of a survey in conformity with § 240-66. Such survey shall include:
Existing vertical relief with the source of information (e.g., ground survey or aerial map), contour interval, datum, and originating benchmark identified;
Proposed vertical relief;
Proposed temporary and permanent sedimentation, runoff and erosion control measures and soil storage areas; and
Location of wetland areas.
Zero incremental runoff certification. Submission of a certification referencing the survey required pursuant to Subsection B(1) and certifying that the activity shall not: i) increase the volume or speed of stormwater discharge; ii) materially change the direction of runoff; or iii) increase the natural or preexisting rate of soil erosion on the site, each under conditions of the fifty-year design storm. The certification shall be made by an engineer licensed by the State of Connecticut on a form prepared by the Commission. Calculations shall conform to standard criteria contained in the Connecticut Department of Transportation Drainage Manual for hydrological and hydraulic analysis and the Connecticut Department of Energy and Environmental Protection Stormwater Quality Manual.
Soil certifications. Submission of a certification by the owner of the affected property or the soil vendor: i) of the origin of any introduced soil; and ii) that any introduced soil shall be free of any hazardous or polluting substances, including, without limitation, any oil or petroleum products or any chemical liquids or solids. The Commission or its agent may, in its discretion, require submission of further certifications or soil testing results with respect to any soil.
Guidance: Additional permits may be required pursuant to, inter alia, (i) the Ordinance Concerning the Regulation of Inland Wetlands Watercourses in the Town of Weston, (ii) the Floodplain Management Regulations, and (iii) the Aquifer Protection Area Regulations.
§ 240-37. Certificate of compliance prerequisites.
No certificate of compliance shall be issued with respect to activity permitted hereunder prior to:
Delivery of a certification made by an engineer licensed by the State of Connecticut on a form prepared by the Commission certifying that the permitted activity has been completed in accordance with the survey submitted pursuant to § 240-36A; and
Permanent stabilization of the disturbed area and removal of all temporary sedimentation, runoff and erosion control measures.
§ 240-38. Exemptions.
The provisions of this Article VI shall not apply with respect to:
Regrading or removal of soil where such activity disturbs less than 2,500 square feet of surface area in the aggregate in any twelve-month period;
The deposit of less than 25 cubic yards of soil in the aggregate deposited in any twelve-month period; or
Aggregate deposited exclusively for use on a driveway, path or terrace in connection with a residential use.
§ 240-39. Sedimentation, runoff and erosion control measures.
The Commission or its agent may require implementation of such additional sedimentation, runoff and erosion control measures as it deems necessary or desirable as a condition of issuance of any permit including, without limitation, phased construction and maintenance of areas of nondisturbance.
§ 240-40. Debris and hazardous material.
Stumps excavated from a property may be buried on such property only in those locations shown on the survey submitted pursuant to § 240-36A. No debris (including soil) may be deposited for purposes of storage in excess of 60 days or less than 50 feet from any property line. No hazardous or polluting substance may be buried.
§ 240-41. Performance bond.
The Commission or its agent may, in its discretion, require the submission of a performance bond as a prerequisite for issuance of any permit hereunder to secure performance and completion of any activity undertaken in connection with the permit. In the event a cease-and-desist order or order or removal is issued, the bond may be utilized to stabilize the property, install sedimentation, runoff and erosion control measures, or remove any soil deposited in violation of this article. Upon issuance of a certificate of compliance, any remaining balance shall be released.
§ 240-42. Mechanical processing of soil prohibited.
Mechanical processing of excavated soil (including, but not limited to, splitting, sifting, crushing or hammering) is prohibited.
§ 240-43. Applicability.
No exterior sign or sign visible from the exterior of a structure shall be installed, erected or placed except as follows.
§ 240-44. Residential signs.
The installation of signs on residential parcels shall be permitted only as follows:
Street address signs. The installation of up to two signs each not to exceed two square feet in area and bearing only the street address and/or the name of the resident shall be permitted.
Home occupation signs. The installation of one sign bearing only the name of the home occupation conducted therein and/or the nature of such occupation shall be permitted. Such sign shall consist of a support post and crossbeam and a single primary placard measuring no more than two square feet in area.
§ 240-45. Neighborhood Shopping Center District signs.
The installation of signs within the NSC District shall be permitted only as follows:
Directional signs. Signs for the direction of vehicular traffic may be installed as may be determined to be necessary by the Commission in its discretion.
Business signs. The installation of one sign bearing only the name of such business may be installed on the front facade of the area occupied by each business operating within the NSC District. No sign may be affixed to any surface other than a vertical wall, and no portion of such sign shall extend above the wall on which it is affixed. Liquor license permittee designation or other signs necessary in connection with a valid liquor permit shall be permitted, provided that such signs are no larger than is statutorily required.
Shopping center sign. One sign bearing only the name of the shopping center and/or its street address may be installed as determined by the Commission in its discretion.
§ 240-46. Special permit signs.
The installation of signs on parcels subject to a special permit shall be permitted only as may be approved by the Commission in its discretion. In no event shall any sign exceed 12 square feet in area.
§ 240-47. For sale or lease signs.
[Amended 3-21-2011, effective 3-31-2011]
One sign advertising the sale or lease of real property shall be permitted, provided that such sign is located on said property and is set back at least 10 feet from any side or rear property line. Such sign shall consist of a support post and crossbeam and a single primary placard measuring no more than four square feet. Notwithstanding the foregoing, up to two ancillary placards may hang from or otherwise be affixed to the primary placard, provided that such ancillary placards shall measure no more than two square feet in the aggregate. Each sign shall be removed no later than the consummation of the particular sale or lease transaction for which it was installed.
§ 240-48. Temporary signs.
Notwithstanding the provisions of §§ 240-44, 240-45 and 240-46, the installation of temporary signs shall be permitted as follows:
Temporary political signs. The installation of temporary signs erected solely for political purposes shall be permitted.
Tag sale signs. The installation of temporary signs solely advertising a tag sale and duly licensed pursuant to Chapter 175, Tag Sales, shall be permitted.
§ 240-49. Off-site signage.
Except as set forth in § 240-44 above, signs advertising any business, service, transaction or event which is not exclusively or principally conducted or operated by the owner of the land on which such sign is located are expressly prohibited.
§ 240-50. General restrictions.
All signs shall conform to the following provisions:
No sign shall be internally illuminated.
No sign shall consist of or include any digital or electronic text or display.
No sign shall be illuminated by means of any colored, flashing, or intermittent light, or include any reflective material.
No sign shall be illuminated by means of any string or tube lighting or by means of neon or any other gas.
No sign, or any portion thereof, shall rotate, flutter, or otherwise generate or allow movement.
No sign may project into a public way or interfere with visibility at an intersection.
No sign on a residential parcel shall be installed higher than six feet from the adjoining finished grade.
All surfaces, frames and visible supports of signs, other than temporary signs, shall be manufactured exclusively of wood.
§ 240-51. Signs on public land.
Signs installed, erected or placed on public land shall not be subject to this Article VII.
Editor's Note: Original Section 351, Lighted or moving signs, which immediately followed this section, was repealed 9-23-2011.
§ 240-52. Intent and purpose.
It is the intention of these regulations that all structures and land uses shall be provided with a sufficient amount of off-street vehicular parking and loading space to meet the needs of persons making use of such structures or land uses, but in no case less than the minimum standards specified in § 240-54 of these regulations.
§ 240-53. Existing structures and uses.
Structures and land uses in existence, or for which building permits have been issued prior to the adoption of these regulations, shall not be subject to any additional parking or loading space requirements of these regulations, provided that any parking or loading facilities then existing to serve such structures or uses shall not in the future be reduced, except where they exceed such requirements, in which case they shall not be reduced below such requirements. Required parking and loading facilities for the existing portion of such structures or uses shall, however, be provided at the time of any enlargement of such existing structures or uses in the future.
§ 240-54. Schedule of off-street parking space requirements.
[Amended 2-1-1984; 5-26-2011]
Off-street parking space shall be provided as follows, except that the Commission, in approving the issuance of a special permit, may require additional off-street parking where said Commission determines that such is necessary in accordance with the purposes set forth in § 240-52 above:
| Use | Minimum Required Off-Street Parking Spaces | |
|---|---|---|
| Place of worship | 1 per each 5 seats or pew spaces | |
| Club | 1 per member or, in case of family memberships, 1 per family, except that where the maximum capacity of the use served is not adequate to accommodate all members at the same time, the Commission may permit an appropriate reduction of the parking requirement | |
| Private school, nursery school, day camp | 1 per each teacher and staff member, plus 1 per each 6 pupils or campers | |
| Museum/art gallery | 1 per employee, plus 1 per each 400 square feet of floor area. | |
| Retail and personal service establishments, businesses and professional offices | 1 per each 125 square feet of ground floor area and 1 per each 250 square feet of other floor area, not including basement area devoted to utilities and storage and not open to the public | |
| Restaurants | 1 per each 75 square feet of floor area | |
| Automotive service stations | At least 10 spaces per station | |
| Other uses | Off-street parking requirements for uses that do not fall within the categories listed above shall be determined by the Planning and Zoning Commission. |
Where two or more different uses occur on a single lot, the total amount of parking facilities required shall be the sum of the requirements for each individual use on the lot, except that the Commission, in approving a special permit application, may approve a plan with a lesser amount of total parking, provided that said Commission finds that the capacity to be provided will substantially meet the intent of the requirements of these regulations by reason of variation in the probable time of maximum capacity of each such use, or for other similar reason.
Editor's Note: Amended at time of adoption of Code (see Ch. 205, Adoption of Regulations, Art. II).
§ 240-55. Off-street loading space requirements.
[Amended 2-1-1984]
Within Neighborhood Shopping Center Districts, off-street loading space shall be required for each 5,000 square feet, or major fraction thereof, of ground floor area. In the case of special permit uses, off-street loading requirements shall be as determined necessary by the Commission in accordance with the purposes set forth in § 240-52 above.
§ 240-56. Location of off-street parking and loading facilities.
[Amended 2-1-1984]
The off-street parking and loading facilities as required by these regulations shall be provided on the same lot or premises with the structure or land use served, except that off-street parking spaces required for structures or land uses on two adjoining lots may be provided in a single common facility on one or both of said lots if approved by the Commission. Where said Commission approves the location of required off-street parking spaces on a different lot than that occupied by the use served, the Commission shall require, as a condition of its approval, a legal instrument satisfactory to assure the continued use of said parking spaces in connection with the land uses and structures served.
Editor's Note: Amended at time of adoption of Code (see Ch. 205, Adoption of Regulations, Art. II).
§ 240-57. Parking and loading specifications.
All off-street parking and loading spaces shall comply with the following standards and requirements:
A. The area required for the parking of one motor vehicle shall have a width of at least nine feet and a depth of 20 feet if unenclosed, and a width of at least 10 feet and a depth of at least 20 feet if bordered by walls or columns on two or more sides, exclusive of passageways and driveways appurtenant thereto and giving access thereto, and having direct usable access to a road, but not requiring the backing of a vehicle into the road right-of-way. Aisles between rows of parking spaces shall be at least 25 feet wide, except where the Commission approves a lesser distance as adequate for areas with angled parking spaces.
[Amended 2-1-1984]
Each off-street loading space shall have a width of at least 12 feet and a length of at least 30 feet, with a height clearance of not less than 14 feet.
Access drives serving any off-street parking or loading area shall be designed so as to provide for safe and efficient vehicular and pedestrian circulation both on the subject premises and in relation to the adjoining road system.
In all off-street parking areas containing 20 or more parking spaces, at least one tree shall be provided within such parking area for each 10 parking spaces. Such trees shall be distributed throughout the entire parking area and shall be so arranged and located as to define the areas of major traffic flow and not in any way impede or interfere with such flow.
§ 240-58. Improvement and maintenance.
Required off-street parking facilities may be enclosed in a structure or may be open, provided that all such facilities serving nonresidential uses shall be graded, surfaced, drained and suitably maintained to the satisfaction of the Commission, to the extent necessary to avoid nuisances of dust, erosion, or excessive water flow across public ways or adjacent lands. Nonresidential parking facilities containing 10 or more spaces shall be provided with suitable markings to indicate each such individual space and, where required by the Commission, markings to indicate direction of traffic flow, entrances, exits, etc. Except for one-family dwellings, suitable landscaping and screening shall be provided between parking areas and adjoining residential properties.
Required off-street parking and loading facilities shall be maintained as long as the use or structure exists which the facilities are designed to serve.
§ 240-59. Parking plan.
Where a parking plan is required by these regulations, it shall be submitted to the Planning and Zoning Commission for its approval and shall consist of a plot plan drawn to scale and showing all of the following information:
The location and dimensions of the proposed parking area, the location of any buildings or other facilities served by this area, the location of a property lines within 50 feet of the area, and the location of the road or roads from which access is to be obtained.
Contour data and/or spot elevations in sufficient detail to enable the Commission to readily determine the existing and proposed grading of the parking area.
Indication on the plan of the type of surfacing proposed, the method of providing for storm drainage, and any other improvements, including landscaping, which may be required or appropriate. The Commission shall act to approve or disapprove such a plan within 60 days of the date it is received, and failure to act within such time limit shall constitute approval of the plan.
§ 240-60. Continuing existing nonconforming uses.
Any lawful use of a building or of land existing on the effective date of these regulations may be continued, even though such use does not conform with the use provisions of these regulations. Such uses shall be deemed nonconforming uses.
§ 240-61. Nonconforming use of land.
Where no building is involved, the nonconforming use of land may be continued; provided, however, that:
Such nonconforming use shall not be enlarged or increased, nor shall it be extended to occupy a greater area of land than that occupied by such use at the time of the adoption of these regulations.
Such nonconforming use shall not be moved in whole or in part to any other portion of the lot or parcel of land occupied by such nonconforming use at the time of the adoption of these regulations.
C. If such nonconforming use of land, or any portion thereof, is intentionally abandoned or is changed to a conforming use, any future use of such land shall be in conformity with all requirements of these regulations.
[Amended 4-10-2008]
§ 240-62. Nonconforming use of buildings.
A building or structure, the use of which does not conform to the use regulations for the district in which it is situated, shall not be enlarged or extended unless the use therein is changed to a conforming use.
Such nonconforming building or structure shall not be structurally altered or reconstructed unless such alterations are required by law; provided, however, that such maintenance and repair work as is required to keep a nonconforming building or structure in safe condition shall be permitted.
A nonconforming use may be extended throughout any parts of the building or structure which were manifestly arranged or designed for such use at the time of the adoption of these regulations, notwithstanding the restriction of Subsection A above, provided that such extension is made within one year of the effective date of these regulations.
A nonconforming use of a building or structure may be changed only to a conforming use.
E. If any nonconforming use of the building or structure is intentionally abandoned or is changed to a conforming use, or if a structure in which such use is conducted or maintained is moved for any distance whatsoever, for any reason, then any future use of such building or structure and the land on which it was located shall be in conformity with all standards specified by these regulations for the district in which it is located.
[Amended 4-10-2008]
§ 240-63. Nonconformity other than use.
[Amended 4-10-2008]
A building or structure which is conforming in use but does not conform to the height, setback, and land coverage, parking or similar dimensional requirement of these regulations shall not be considered to be nonconforming within the meaning of §§ 240-62 and 240-64 of these regulations. However, no permit shall be issued nor shall any changes be made on such building or structure that will result in the increase of any such nonconforming features nor shall any nonconforming part of the structure be increased in height.
§ 240-64. Restoration of damaged buildings.
Any building or structure which is nonconforming in use and is damaged or destroyed by any means to an extent greater than 50% of its fair market value shall be permitted to be reconstructed only if the future use of the building or structure is in conformity with these regulations.
Such a nonconforming building or structure damaged to an extent less than 50% of said fair market value may be rebuilt, provided that:
The cost of such reconstruction or structural alteration is less than 50% of the fair market value of the reconstructed property;
The reconstruction or structural alteration is commenced within six months of the date of such damage or destruction and completed within 18 months; and
Where such rebuilding can be feasibly accomplished so as to result in greater conformity with these regulations, then such rebuilding shall be so done.
§ 240-65. Issuance of authorization for construction; nullification proceedings required.
[Amended 2-1-1984]
No commission, board, agency, officer or employee of the Town shall issue, grant, or approve any permit, license, certificate, or other authorization for construction, reconstruction, alteration, enlargement, or moving of any building or structure, or for any use of land or building that would not be in full compliance with the provisions of these regulations. Any such permit, license, certificate, or other authorization issued, granted, or approved in violation of the provisions of these regulations shall be null and void and of no effect without the necessity of any proceedings or revocation or nullification thereof.
§ 240-66. Survey requirements.
[Added 12-30-2009]
Except as otherwise set forth in §§ 240-12H and 240-67G and H and this section, no zoning permit, special permit, administrative permit, or certificate of zoning compliance may be issued except upon submission of:
An A-2 Property Survey; or
A map prepared by a licensed engineer or surveyor based on an A-2 Property Survey certifying said reliance and making specific reference to such A-2 Property Survey.
No survey shall be accepted where:
Any new structure has been constructed or any existing foundation expanded on the property or any lot line has been altered following the date of such survey; or
Such survey was last certified more than 10 years prior to the application date.
The Commission may impose additional survey requirements from time to time by resolution. To the extent this section shall conflict with any other section of these regulations, the provisions of this section shall govern.
§ 240-67. Zoning permits.
No building or structure shall be erected, constructed, reconstructed, enlarged, altered or moved, or excavation made therefor, or work begun thereon, or use made of any land, until a zoning permit therefor has been issued by the Planning and Zoning Commission. No such permit shall be issued for any building or structure where said construction, addition, alteration, moving or use thereof would be in violation of any of the provisions of these regulations. Before any permit shall be issued, written application therefor shall be made in duplicate on a form to be furnished by the Planning and Zoning Commission. Such application shall contain or be accompanied by the following, as appropriate.
[Amended 2-1-1984]
A certificate of approval of proposed water supply and sewage disposal facilities, signed by the Health Officer of the Town of Weston. Such certificate shall not be required if the zoning permit applied for does not involve changes in existing buildings or structures, in water supply, waste or sewage disposal facilities or requirements.
Two copies of a plot plan, drawn to a scale and certified substantially correct by a registered land surveyor, showing the actual shape, dimensions and area of the lot; the actual size and location on the lot and of all buildings proposed to be built on the lot and of any existing buildings or structures that shall remain, the existing and intended future use to be made of the proposed improvement and the premises; the number of families, if any, that each building is designed or intended to accommodate; proposed drainage facilities; existing and proposed contours of the land, if any change in grading is proposed. One copy of such plan shall be returned to the applicant subsequent to its approval.
Expiration of zoning permits. A zoning permit issued in connection with the construction of a structure shall expire on the second anniversary of its issuance date unless: i) all foundations included in the permit application have been substantially completed; and ii) an A-2 Zoning Location Survey showing the location of such foundation in relation to all required setbacks has been submitted to and approved by the Commission. This Subsection B shall not apply to special permits.
[Added 12-30-2009]
Construction on a foundation. No structure shall be constructed upon a new foundation unless and until an A-2 Zoning Location Survey has been submitted to and approved by the Commission. This Subsection C shall apply to all construction in the R-2A and NSC Districts including, without limitation, construction pursuant to a special permit.
[Added 12-30-2009]
Any permit issued on the basis of false or inaccurate information supplied by the applicant, or contained in the application, shall be null and void.
No zoning permit shall be issued unless the lot has the required road frontage, in accordance with §§ 240-11D and 240-12D, whichever is applicable, and unless such road has been completed or has had its subbase completed and specified gravel applied.
No zoning permit shall be issued for a use listed in §§ 240-11 or 240-12, as subject to the special permit approval procedure of Article IV, until and unless such special permit is approved by the Commission.
The requirements of Subsections A(2), B and C shall be waived for alteration of an existing structure which alteration does not include installation of any additional foundation, footing, slab, or pier and does not increase coverage of the lot.
[Added 3-16-2009]
The requirements of Subsections A(2), B and C may be waived, in the discretion of the Commission (exercised by the Zoning Enforcement Officer when applicable), for installation of a terrace, uncovered deck, children's play set, generator, or HVAC compressor, where such improvement is clearly and demonstrably outside of any applicable setback and where lot coverage following the installation will be clearly and demonstrably below the maximum allowable lot coverage. A detailed memorandum setting forth the basis for any waiver shall be included in the file.
[Added 3-16-2009]
In the event an alteration or installation is completed without a survey as permitted pursuant to Subsections G and H above, a limited certificate of zoning compliance (confirming compliance of the alteration or installation only, rather than compliance of the entire lot) shall be issued in lieu of a certificate of zoning compliance.
[Added 3-16-2009]
§ 240-68. Certificate of zoning compliance.
No building structure or premises or any part thereof shall hereafter be devoted to any new or changed use, until a certificate of zoning compliance shall have been issued by the Planning and Zoning Commission. Such certificate shall state that such building or premises, or part thereof and the proposed use thereof, are in complete conformity with all requirements of these regulations.
B. Application for a certificate of zoning compliance shall be made on forms provided by the Town. Each such application shall be accompanied by a fee in an amount to be determined by the Planning and Zoning Commission.
[Amended 3-16-2009]
A certificate of zoning compliance involving a building, structure or use for which a special permit or a variance was issued by the Zoning Board of Appeals shall include any conditions or other requirements established by said Commission or Board in accordance with the granting of any such special permit or variance.
No certificate of zoning compliance shall be issued for a building or use until the road upon which the lot has frontage has been constructed and approved in accordance with the inspection requirements of the Planning and Zoning Commission.
§ 240-69. Penalties for offenses.
Any person, firm, corporation, or other entity who shall violate any provision of these regulations shall be subject to the remedies and penalties prescribed by Chapter 124 of the General Statutes of the State of Connecticut, as amended.
Editor's Note: See C.G.S. § 8-1 et seq.
The Planning and Zoning Commission or its agent, the Zoning Inspector, is hereby designated as the official authority which shall be authorized to cause any building, structure, place or premises to be inspected and examined and to order, in writing, the remedying of any condition found to exist therein or thereon in violation of any provision of these regulations, and to take such other action as shall be necessary and proper to enforce said regulations, as provided by law. Any such remedial action shall be accomplished by the violator within 10 days of such order unless otherwise provided by statute.
The Commission shall appoint a Zoning Inspector who shall be responsible to the Commission and act as its representative in the performance of such inspection duties and in connection with the enforcement of these regulations including the issuance of cease-and-desist orders and any other duties which may be assigned to him by the Commission.
§ 240-70. Amendments.
The Planning and Zoning Commission may, on its own motion, on the recommendation of the Board of Selectmen, or on petition of one or more owners of property within the Town, amend these regulations in accordance with Chapter 124 of the General Statutes of the State of Connecticut, as amended. Referrals of such amendments to the South Western Regional Planning Agency shall be made by the Commission in accordance with Chapter 124 of the General Statutes of the State of Connecticut, as amended. Any petition for amendments submitted by a property owner or owners shall include all of the following information (include three copies of items in Subsections A, B and C):
The names and addresses of such petitioners and the section, lot and block numbers of the properties under their ownership.
A map drawn to a convenient scale showing lot lines, building locations, and the section, lot and block numbers of all properties which are the subject of the petition.
A complete description of the nature of the amendment requested and of the reasons for making such request. Include page and section numbers where amendment of the zoning text is requested.
Stamped envelopes addressed to each of the owners as of the date of application of all properties which are subject of the petition and of all properties within 500 feet of any portion of such properties. Such names may be as indicated in the latest real estate list of the Town of Weston but should include the actual owners of record where known to be otherwise by the petitioners.
An application fee in the amount of $250 to defray the cost of publication of the notice required for a hearing.
Editor's Note: Amended at time of adoption of Code (see Ch. 205, Adoption of Regulations, Art. II).
§ 240-71. Separability clause.
Should any section or provision of these regulations as contained herein or as hereafter amended be declared by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of these regulations as a whole or any part thereof, other than the part declared to be invalid or unconstitutional.
§ 240-72. Short title.
These regulations may also be known and referred to as "Zoning Regulations."
Editor's Note: Original Section 530, Effective date, which immediately followed this section, was repealed at time of adoption of Code (see Ch. 205, Adoption of Regulations, Art. II).
§ 240-73. General construction of language.
Except where specifically defined herein, all words shall carry their customary meaning.
All words used in the present tense include the future tense; words in the singular number include the plural number and vice versa; the word "person" includes corporations and all other legal entities; the word "premises" shall include land and buildings thereon; and the words "occupied" or "used" shall be considered as though followed by the words "or intended, arranged or designed to be used or occupied," unless the natural construction of the wording indicates otherwise.
The word "shall" is always mandatory.
Unless otherwise specified, all distances shall be measured horizontally.
The word "Town" means the Town of Weston.
The term "Commission" means the Planning and Zoning Commission of the Town of Weston.
The term "Town Clerk" means the Town Clerk of the Town of Weston.
The term "Zoning Inspector" means the Zoning Inspector of the Town of Weston.
The term "Zoning Board of Appeals" means the Zoning Board of Appeals of the Town of Weston.
The term "Town Plan of Development " means the plan adopted by the Town Planning and Zoning Commission pursuant to Chapter 126 of the General Statutes of the State of Connecticut.
Editor's Note: See C.G.S. § 8-18 et seq.
The term "Subdivision Regulations" means the land subdivision regulations adopted by the Town Planning and Zoning Commission pursuant to Chapter 126 of the General Statutes of the State of Connecticut.
Editor's Note: See Ch. 230, Subdivision Regulations.
Editor's Note: Amended at time of adoption of Code (see Ch. 205, Adoption of Regulations, Art. II).
§ 240-74. Definitions.
Any area of a lot between 25 feet and 50 feet in width which serves to connect the building area of the lot with the road upon which it has frontage and access.
ANTENNA The conductor by which electromagnetic waves are sent or received, a structure commonly consisting of a wire, a metal rod or a circular metal dish.
[Amended 5-1-1989]
APARTMENT A room or set of rooms, among the other rooms or sets in one building designed for use as a dwelling and which includes cooking, three-fixture bath and sleeping facilities.
[Amended 10-30-1986]
A retail place of business engaged primarily in the sale of motor fuels, but also in the supplying of goods and services required in the operation and routine maintenance automotive vehicles and the filling of motorist's immediate needs, including the sale of petroleum products, the sale and servicing of tires, batteries, automotive accessories and replacement items, washing and lubrication servicing, the performance of minor repairs, and the supply of other incidental customer services and products, but excluding any body and fender work, or painting by mechanical means.
BASEMENT APARTMENT An apartment any part of which is below the elevation of the finished grade of the ground adjacent to any part of the dwelling at the highest point of elevation.
[Amended 10-30-1986]
Any structure having a roof supported by columns or by walls, and intended for the shelter, housing, or enclosure of persons, animals or chattel.
A building subordinate to the principal building on a lot and used for purposes customarily incidental to that of said principal building.
The total area of a lot covered by all buildings thereon, both principal and accessory, measured by the exterior dimensions of such buildings, but not including uncovered porches, steps and terraces.
BUILDING HEIGHT The average vertical distance measured from the finished grade adjacent to the exterior walls of a building to the level of the highest roof point or the highest ridge of the structure. Roof points or ridges which are lower than the highest roof point or ridgeline shall not be used in the calculation of building height.
[Amended 5-17-2001]
A building in which is conducted the primary or principal use of the lot on which said building is situated.
CUSTOMARY ACCESSORY USE A use of land, buildings or structures which is incidental and subordinate to and customarily used in connection with, and located on the same lot with, the principal building, structure, or use. Customary accessory uses with respect to single-family dwellings shall include, but not be limited to, private detached garages, tool and potting sheds, barns, children's play systems (such as swings, slides, and playhouses), swimming pools, and playing courts.
[Added 5-26-2011]
A place, building or structure which is designed or used on a regular or seasonal basis to provide supervised recreational activities for two or more children, but not including the overnight lodging of any such children.
DEBRIS Natural material which degrades rapidly when buried, not including building materials.
[Amended 1-1-1992]
DOMICILE A person's fixed, permanent and principal residence for legal purposes such as voting.
[Amended 5-1-1989]
A building designed or used exclusively as nontransient living quarters for one or more families. The term shall not be deemed to include automobile court, motel, hotel, rooming house, boardinghouse, house trailer, tourist home or tent.
A building or portion thereof providing complete housekeeping facilities for one family.
FARMERS' MARKET A market for the display and sale at retail of farming products, and customary accessory uses.
[Added 5-26-2011]
FARMING Includes the use of a lot, either as a principal or accessory use, for the purpose of producing agricultural, horticultural, floricultural, vegetable and fruit products of the soil, and shall include the raising of horses, and other domestic farm animals. Riding academies, livery stables, animal kennels, the breeding, raising or habitation of fur-bearing animals, pigs and goats, commercial poultry farms, stands for the sale of produce (except as otherwise expressly permitted by these regulations) or the commercial processing of the products of the farm, shall not be included.
[Amended 9-16-2013, effective 9-26-2013]
FLOOR AREA The sum of the gross internal horizontal area of the several floors of the building, but not including attached or built-on garages, porches or terraces, unfinished rooms, or unfinished floor area having a clear head room of less than seven feet.
[Amended 10-30-1986]
The extent of a lot along a road as defined therein.
HOME OCCUPATION Artistic and professional pursuits operated from a dwelling.
[Added 5-26-2011]
LIMITED HOME OCCUPATION A home occupation engaged in by no more than one individual who is not an occupant of such dwelling.
[Added 5-26-2011]
A parcel of land devoted or to be devoted to a particular use, or occupied or to be occupied by a building or buildings, together with any required open spaces, and having frontage on a road as defined herein.
The total horizontal area included within lot boundaries.
LOT, CORNER A lot on two or more intersecting roads or lanes.
[Amended 3-1-1992]
The horizontal distance between the front and rear lot lines measured perpendicular to the mean direction of the front lot line.
That lot area extending across the full width of a lot and lying between the front lot line and the nearest line of the building.
A property line bounding a lot as defined herein.
In the case of a lot abutting upon only one road, the line separating the lot from the road; in the case of any other lot, the owner may elect any lot line abutting a road as the front lot line.
The lot line which is generally opposite the front lot line if the rear lot line is less than 10 feet in length, or if the lot comes to a point at the rear, the rear lot line shall be deemed to be a line parallel to the front lot line not less than 10 feet long, lying wholly within the lot and farthest from the front lot line.
Any property line extending from the front lot line to the rear lot line.
That lot area extending across the full width of a lot and lying between the rear lot line and the nearest line of the building.
That lot area between the side lot line(s) and the nearest line of the building, and extending from the front lot line to the rear lot line.
The horizontal distance between the side lot lines, measured parallel to the mean direction of the front lot line.
MUSEUM/ART GALLERY A not-for-profit institution that houses and cares for a collection of artifacts and other objects of scientific, artistic, cultural, or historical importance and makes them available for public viewing and study through exhibits that may be permanent or temporary and offers programs of study with respect thereto. The term "museum/art gallery" shall include customary accessory uses.
[Added 5-26-2011]
NONCONFORMING USE A use of a building or of land which does not conform with the use regulations of the district in which it is situated, but which use existed at the time of the adoption, or amendment substantively affecting such use, of these regulations and complied with the Zoning Regulations at the time it was established.
[Amended 6-3-2013]
A place, building or structure, designed to provide care or instruction for two or more children under six years of age, operated on a regular or seasonal basis.
OCCUPANT An individual who uses the subject dwelling as his or her primary residence.
[Added 5-26-2011]
As applied to fences, open to the passage of air and visually open as viewed looking directly at the fence.
PARK Open space land dedicated and held in perpetuity for educational, scientific, aesthetic, or other equivalent passive uses for the benefit of the public in general which may be improved by natural walking trails, parking facilities, picnicking facilities, map and informational kiosks and similar unenclosed improvements, and shall include, but is not limited to, community gardens. The term "park" shall include customary accessory uses.
[Added 5-26-2011]
An off-street area containing one or more parking spaces, with passageways and driveways appurtenant thereto.
An off-street space available for the parking of one motor vehicle on a transient basis.
PLACE OF WORSHIP An establishment where a group of people performs acts of religious study, honor, or devotion. The term "place of worship" shall include customary accessory uses.
[Added 5-26-2011]
PLAYGROUND Land dedicated and held in perpetuity for recreational uses, for the benefit of the public in general improved with outdoor equipment and facilities for play, recreation, and sports and shall include, but is not limited to, children's play areas and basketball courts. The term "playground" shall include customary accessory uses.
[Added 5-26-2011]
A kindergarten, primary or secondary school furnishing a comprehensive curriculum of academic instruction similar to that of a public school.
PUBLIC LAND Any piece or parcel of land wholly owned by the Town of Weston.
[Added 9-23-2011]
PUBLIC WAY Any public or private road, street or lane.
[Amended 6-16-2003]
REGULATED HOME OCCUPATION A home occupation engaged in by more than one individual who is not an occupant of such dwelling.
[Added 5-26-2011]
An establishment where horses are kept for riding, driving or stabling for compensation, or are kept incidental to the operation of a club, association, ranch or similar establishment.
Any road, street, highway, avenue, lane or way dedicated to movement of vehicles and pedestrians, and which is shown on a subdivision plan approved by the Commission or is on a map filed in the office of the Town Clerk prior to March 1, 1956, or is a state or Town road, but not including private driveways or rights-of-way.
A property line dividing a road and a lot. See also definition of "lot line, front."
Any structure or part thereof, or any device attached thereto or painted thereon, or any material or things, illuminated or otherwise, which displays or includes any numeral, letter, emblem, device, trademark, or other representation used as an announcement, designation, direction or display, to advertise or promote any person, firm, group, organization, commodity, service, profession or enterprise, when said display is placed out of doors or within three feet of a window in view of the general public, but not including the following: the flag or insignia of any government or government agency; the flag of any civic, political, charitable, religious, patriotic, fraternal or similar organization, which is hung on a flagpole, or a mast; or any Christmas or other seasonal holiday decorations which do not contain commercial lettering, wording, designs, symbols or other devices.
Where a sign consists of a single board of face, with information on one or both sides, the area which results by multiplying the outside dimensions of such sign, not including the vertical, horizontal or diagonal supports which may affix the sign to the ground or to a structure or building, unless such supports are evidently designed to be a part of the sign as defined herein. Where a sign consists of several individual faces, the area shall be the total of the area of all such faces computed as above. Where the sign consists of individual letters or symbols attached to or painted on a building, the area shall be considered to be that of the smallest rectangle which encompasses all of the letters or symbols.
A dwelling containing one dwelling unit only.
Any earth, loam, topsoil, clay, stone, sand, gravel, or aggregate of any kind for loose deposit on the ground and not intended for integration into any structure.
That portion of a building included between the surface of any floor and the surface of a floor next above it, or if there be no floor above it, then the space between the floor and the top of the ceiling beams next above it. In measuring the height of a building, a basement should be counted as a story if the ceiling is more than four feet above the average level of the adjoining finished grade. Each basement in excess of one shall be counted as a story.
A story with at least two opposite exterior sides meeting a sloping roof not more than two feet above the floor of such story.
See definition of "road."
STRUCTURE Anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground. This term shall also include but not be limited to pools, tennis, paddle and other such playing courts and antennas.
[Amended 5-1-1989]
An artificial body of water, or receptacle for water, having a depth at any point greater than two feet, and used or intended to be used for swimming or bathing and permanently constructed, installed or maintained in or above the ground out of doors.
TEMPORARY SIGN Any sign which consists of a single placard measuring no more than three square feet, does not exceed 36 inches in height measured from the adjoining grade, and is placed on the ground without foundation or supports or is erected on wire supports.
[Added 9-23-2011]
A paved uncovered platform with or without retaining walls. A terrace with a roof or an awning shall be considered a porch.
The specific purpose for which land or a building or structure is designed, arranged, intended or occupied.
A use which is customarily incidental and subordinate to the principal use on a lot, and located on the same lot therewith.
The main or primary use of a premises.
Guidance: Playing courts and swimming pools are regulated by § 240-9B(4).
Note: In measuring aforesaid lot area, the line of a building shall be deemed to mean a line parallel to the lot line, drawn from a point of a building or the point of a group of buildings nearest to such lot line, and the measure shall be taken at right angles from the line of the building, as defined herein, to the lot line.
Note: In measuring aforesaid lot area, the line of a building shall be deemed to mean a line parallel to the lot line, drawn from a point of a building or the point of a group of buildings nearest to such lot line, and the measure shall be taken at right angles from the line of the building, as defined herein, to the lot line.
Note: In measuring aforesaid lot area, the line of a building shall be deemed to mean a line parallel to the lot line, drawn from a point of a building or the point of a group of buildings nearest to such lot line, and the measure shall be taken at right angles from the line of the building, as defined herein, to the lot line.