Sections in this category:
Town Code: Property
Building Construction
Chapter 23. Building Construction
[HISTORY: Adopted by the Town of Weston as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
School and General Building Committee — See Ch. 18, Art. V.
Numbering of buildings — See Ch. 27.
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.
Zoning regulations — See Ch. 240.
[Adopted 6-13-1973 (Ch. 3 of the 1981 Code)]
§ 23-1. Violation of Building Code or conditions of permit.
Any person who shall violate any provision of the Building Code of the state, as the same has been adopted as the Building Code of the Town, or who shall fail to comply with any of the requirements thereof, or who shall erect, construct or alter or repair any structure in violation of any approved plan or permit issued by the Building Inspector of the Town or of any permit or certificate issued under the provisions of the Building Code, shall be subject to a penalty as prescribed in § 29-254a of the General Statutes. Each day that a violation continues shall be deemed a separate offense under the provisions of this code.
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
§ 23-2. Violation of stop order.
Any person who shall continue any work in or about any building or premises after having been served with a validly issued stop order by the Building Inspector of the Town shall be subject to a penalty as prescribed in § 29-254a of the General Statutes. Each day that a violation continues shall be deemed a separate offense under the provisions of this code.
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[Adopted 1-17-2001, effective 3-1-2001]
§ 23-3. Authority; approval to be withheld.
Pursuant to § 7-148 of the Connecticut General Statutes, as such statute may be amended from time to time, the approval of all building permit applications by the Building Department shall be withheld for any property upon which taxes are delinquent for the property for which the permit is to be issued. The delinquent taxes shall be paid or a suitable payment plan shall be approved by the Tax Collector before a building permit application can be approved.
§ 23-4. Forms and procedures.
The Tax Collector and the Building Inspector shall develop the necessary forms and procedures to implement this article.
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
§ 23-5. Exception for emergencies.
The Building Inspector may grant a building permit on properties upon which taxes are delinquent if he certifies in writing to the Tax Collector that an emergency exists affecting the health or safety of the occupants of a building upon which the building permit is sought, provided that the construction to be undertaken, pursuant to the building permit, is for the purpose of correcting the emergency affecting the health or safety of the occupants only.
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
§ 23-6. Determination of delinquency.
For the purposes of this article, "delinquent" shall have the meaning found in Connecticut General Statutes § 12-146. Taxes due may become delinquent notwithstanding an appeal from a decision of the Board of Assessment Appeals, and the Tax Collector may pursue collection thereof to the extent authorized by Connecticut General Statutes § 12-117a.
[Adopted 7-9-2009]
§ 23-7. Detectors required; applicability.
The following article requiring operable carbon monoxide (CO) alarms in certain structures within the Town for the protection of the public health and safety is hereby adopted. This article shall apply throughout the Town of Weston and all applicable structures therein.
§ 23-8. Purpose.
Recognizing that exposure to carbon monoxide (CO), a colorless, odorless gas, can cause headaches, dizziness, nausea, faintness, and, at high levels, death, the following article is enacted for the purpose of protecting the public health and safety of the residents of the Town by requiring operable carbon monoxide alarms in certain structures, thereby hopefully reducing the number of injuries and fatalities resulting from carbon monoxide (CO) poisoning.
§ 23-9. Definitions.
A device sensing invisible particles of carbon monoxide that is either battery-powered or AC-powered with battery backup, that has been installed in accordance with its manufacturer's recommendations, which, when activated, will provide some form of visual or audible alarm, and which has been either UL (Underwriters' Laboratories, Inc.) listed or CSA (Canadian Standards Association) approved. (CO alarms installed prior to January 1, 2004, are not subject to the requirements stated above as to the power source for the CO alarm.)
Includes child-care centers, family child-care homes, and any other child care arrangement that provides child care, regardless of the time of day, wherever operated, and whether or not operated for profit.
Any building used for commercial purposes and shall include, but is not limited to, stores, offices, schools, churches, gymnasiums, libraries and eating establishments.
A building designed or occupied for residential purposes and having either.
One dwelling unit, i.e., a single-family dwelling; or
Two dwelling units, i.e., a duplex or apartment.
A single unit providing complete and independent living facilities for one or more persons including permanent provisions for living, sleeping, eating, cooking and sanitation.
Any building or structure owned wholly or in part by the Town.
An individual, firm, partnership, and association, public or private institution, municipality, political subdivision of the Town, governmental agency or a public or private corporation, organized or existing under the laws of this state.
§ 23-10. Dwelling units.
Every dwelling unit shall contain at least one operable carbon monoxide (CO) alarm installed in accordance with the manufacturer's recommendations. This provision shall apply to existing dwelling units in addition to dwelling units to be constructed in the future.
§ 23-11. Rental of dwelling units.
It shall be unlawful for anyone to rent or lease to another a dwelling unit unless that dwelling unit has in it at least one operable carbon monoxide (CO) alarm installed in accordance with the manufacturer's recommendations. This provision shall apply to existing dwelling units in addition to dwelling units to be constructed in the future. The landlord shall replace or repair the carbon monoxide (CO) alarms within 15 days of receipt of notification if the tenant notifies the landlord of needed replacement or repairs in writing. The landlord shall ensure that a carbon monoxide (CO) alarm is operable and in good repair at the beginning of each tenancy. The tenant shall periodically inspect the carbon monoxide (CO) alarm to ensure operability and notify the landlord in writing of any needed repairs, test and replace batteries in any battery-operated carbon monoxide (CO) alarms as needed during the tenancy, and do nothing to disable carbon monoxide (CO) alarms. Failure of the tenant to replace the batteries as needed shall not be considered as negligence on the part of the tenant or the landlord.
§ 23-12. Child-care facilities.
Every child-care facility shall contain at least one operable carbon monoxide (CO) alarm installed in accordance with the manufacturer's recommendations. This provision shall apply to existing child-care facilities in addition to child-care facilities to be constructed in the future.
§ 23-13. Commercial buildings.
All commercial buildings shall have operating carbon monoxide (CO) alarms on each floor level installed in accordance with the manufacturer's recommendations. The building landlord shall ensure that all carbon monoxide (CO) alarms are operable and in good repair within the structure. The tenant shall periodically inspect the carbon monoxide (CO) alarm to ensure operability and notify the landlord in writing of any needed repairs, test and replace batteries in any battery-operated carbon monoxide (CO) alarms as needed during the tenancy, and do nothing to disable carbon monoxide (CO) alarms. Failure of the tenant to replace the batteries as needed shall not be considered as negligence on the part of the tenant or the landlord.
§ 23-14. Municipal buildings.
All municipal buildings shall have operating carbon monoxide (CO) alarms on each floor level installed in accordance with the manufacturer's recommendations. The Town shall ensure that all carbon monoxide (CO) alarms are operable and in good repair within the structure. Failure of the Town to replace the batteries as needed shall not be considered as negligence on the part of the Town.
§ 23-15. Enforcement.
This article may be enforced in any one or more of the following ways as prescribed:
Civil penalty.
A civil penalty of $50 for each of the first five days and $100 for each day thereafter of violation of this article may be assessed by the Fire Marshal against any person who:
Fails to install an operable carbon monoxide (CO) alarm; or
Fails to make operable an existing carbon monoxide (CO) alarm; as required by this article within 30 days after having been issued a warning requesting correction of a violation of these regulations.
Failure to pay a civil penalty or file an appeal within 30 days after notification of the violation shall result in an additional penalty of $50. The Board of Selectman may establish procedures for the collection of the civil penalties and may enforce collection of the penalties by a civil action in the nature of debt. Any person upon whom a civil penalty is levied by the Fire Marshal shall have a right to file an appeal with the First Selectman's office at any time prior to the date the civil penalty becomes delinquent. Upon receipt of a timely exception, the Fire Marshal shall arrange a conference with the person to afford him an opportunity to present any evidence or argument he/she may have regarding the civil penalty. Within 15 days after the conference, the Fire Marshal shall give written notice to the person of his final decision. In cases in which no rebate or refund is granted, the person shall have 15 days from the date the notice from the Fire Marshall is mailed to appeal the Fire Marshal's decision to the First Selectman, or his/her designee. The person must pay the civil penalty prior to any hearing before the First Selectman or his/her designee. The First Selectman, or his/her designee, shall have the authority to authorize a rebate or refund of the civil penalty if he/she concludes the civil penalty is not owed. The First Selectman's decision, or that of his/her designee, shall not be subject to review.
Injunction. The provisions of this article may be enforced by civil action, including an injunction. Only the Board of Selectman may authorize initiation of a civil action seeking an injunction or to collect a civil penalty.
§ 23-16. Jurisdiction.
This article shall apply throughout the Town of Weston.
§ 23-17. Effective dates.
For any new construction, these regulations shall go into effect on September 1, 2009.
For any dwelling units (owner-occupied or rental), commercial buildings, child-care facilities, or municipal buildings, these regulations shall go into effect on January 1, 2010, for all such structures for which a certificate of occupancy has been issued either prior to or after that date.
Buildings Numbering
Chapter 27. Buildings, Numbering of
[HISTORY: Adopted by the Town of Weston 5-4-1989, effective 6-7-1989. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 23.
Subdivision regulations — See Ch. 230.
§ 27-1. Intent and purpose.
It is the intent and purpose of this chapter to establish an effective and easily recognizable system for the exact location of various residential units in the Town of Weston to ensure the rapid location of any residential unit by emergency vehicles.
The numbers for each residential unit shall correspond to the numbers recorded in the official records of the Assessor.
§ 27-2. Numbers required; size and placement
The owner of each residential unit shall affix thereto a number designating the street number of the residential unit. Such number shall be no less than three inches in height, shall be in a color contrasting to the area to which it is affixed, shall be visible from the street to which such number relates and shall be located in close proximity to the main entrance of the residential unit facing said street. In case of a residential unit more than 50 feet from said street, the owner shall, in addition to the number described above, display a number meeting the specifications set forth herein on a mailbox, fence or post located at the property line reasonably adjacent to said street, the side of the driveway or sidewalk in such a manner as to make said number visible from the street. If the number is placed upon a mailbox adjacent to the street, the number shall be placed on each side of the mailbox in a location visible from the street. If more than one residential unit is located on a single driveway, the owner of each residence on the driveway shall, in addition to the residence number on the street, affix the number at the intersection of the driveway where his residence is located.
§ 27-3. Penalties for offenses.
Property owners who violate this chapter for the first time shall be notified by mail to correct the violation within 30 days of the notification. Subsequent violations shall be subject to a fine established by the Board of Selectmen. The amount of such fine may, from time to time, be amended by the Board of Selectmen.
Driveways
Chapter 51. Driveways
[HISTORY: Adopted by the Town of Weston 4-3-1974 (Ch. 12, Art. II, of the 1981 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Streets, sidewalks and public places — See Ch. 169.
Subdivision regulations — See Ch. 230.
§ 51-1. Definitions.
[Amended 7-23-1986]
The travelway for vehicles between the edge of the road and the property line, commonly referred to as the "apron."
The travelway for vehicles between the access and the garage or parking area.
That part of the driveway near or next to the garage or home used as a parking and turnaround area.
Public and private roads, streets or highways, and shall include roads in subdivisions.
§ 51-2. Applicability.
No person shall construct or cause to be constructed or locate or relocate any driveway or access except in accordance with the provisions of this chapter; provided, however, that the provisions of this chapter shall not apply to the maintenance and repair of a driveway or access in existence or for which a permit had been issued at the time of the adoption of this chapter.
§ 51-3. Limitations on Town responsibility.
Nothing in this chapter shall require the Town to repair or improve any driveway or access or render the Town liable to a property owner for failure to make said repair or improvement except where such repair or improvement is made necessary as a result of the widening, repair, maintaining, or relocation of a Town road.
§ 51-4. Variances.
[Amended 7-23-1986]
The Board of Selectmen or its agent may, in its or his discretion, determine and vary the application of these provisions where such provisions will otherwise cause practical difficulties or unnecessary hardships in any particular case.
§ 51-5. Penalties for offenses.
Violation of this chapter shall bear a penalty as provided in Chapter 1, § 1-6, for each offense. Each day a driveway or access exists in violation of this chapter subsequent to seven days following notice by the Board of Selectmen to the owner of the property on which said driveway or access is located or to the person in charge of or occupying said property shall be considered a separate offense under this chapter.
§ 51-6. Prohibited access or egress.
In addition to any other penalties as there may be, the Board of Selectmen is authorized to prohibit access to or egress from any driveway constructed, located or relocated in violation of this chapter.
No regular access to or egress from premises by vehicles shall be provided except by an approved driveway and access.
§ 51-7. Permit required; action by Selectmen.
[Amended 7-23-1986]
No person shall construct or cause to be constructed or locate or relocate an access or a driveway in the Town without a permit issued by the Board of Selectmen or its agent. The permit shall be acted upon by the Board of Selectmen or its agent within 10 legal working days of application.
§ 51-8. Application for permit.
Application for such permit shall be made on forms furnished by the office of the Town Engineer and shall be accompanied by an accurate scale drawing showing the locations and dimensions of the proposed driveway and access in relation to the surrounding property lines; the existing road lines for 50 feet on each side of the access; the proposed dimensions and approximate grades of the driveway and the access; and any easements that may have a bearing upon the size and placement of the driveway and access. Where the driveway and access are being installed to serve proposed new construction for which a building or zoning permit is sought, the aforementioned scale drawing shall be incorporated into the plot plan accompanying the application for the building or zoning permit.
The Town shall not be liable for errors and omissions, and the results thereof, contained in the application.
Omission of pertinent information shall be grounds for revocation or refusal of the permit.
§ 51-9. Term of permit.
Permits shall be valid for a period of one year from the date of issuance. If construction is not completed in that period, the permit shall thereupon terminate.
§ 51-10. Permit fee.
[Amended 7-23-1986]
A fee of $40 shall accompany the application for the permit mentioned herein.
§ 51-11. Permit required prior to issuance of building or zoning permit.
A driveway access permit is required prior to the issuance of a building or zoning permit.
§ 51-12. Accesses on state highways; state permits.
Accesses on state highways shall not require permits from the Board of Selectmen, provided that the same comply with all requirements of the State Transportation Department and required permits are obtained from the State Transportation Department, and provided further that a copy of such permit is filed in the office of the Town Engineer along with the application for a building or zoning permit prior to the commencement of any work.
Persons receiving state permits as provided above shall file an informational form with the Board of Selectmen or its agent before commencing driveway construction. No fee shall be required in connection with said informational form, which shall be furnished by the office of the Town Engineer.
§ 51-13. Additional permits required.
[Amended 7-23-1986]
Where an access or a driveway requires filling, cutting or regrading in or near wetlands, watercourses or floodplains, a permit to remove or deposit fill must be obtained from the Planning and Zoning Commission prior to the issuance of a driveway access permit, as per § 240-35 of the Town Zoning Regulations.
A permit from the Conservation Commission shall be required where applicable.
§ 51-14. Performance and indemnity bond.
The owner of the premises to be served by the driveway and access shall post a cash bond to guarantee completion of the work and to save harmless the Town from any liability to person or property resulting from performance of the work. The amount of bond required shall be determined by the Board of Selectmen.
§ 51-15. Conformance to Town specifications.
[Amended 7-23-1986; 1-15-2004, effective 2-12-2004]
The design and construction of the access shall conform to the Town Standard Specifications for Road Construction of the Town of Weston, which specifications are set out in the Subdivision Regulations, Chapter 230 hereof. Said specifications are incorporated herein by reference and made a part of this Code.
The portion of the driveway between the edge of pavement and the right-of-way or property line shall consist of a two-inch single course of bituminous concrete on a base of six-inch crushed run stone or equal approved material, laid on a properly prepared subgrade. Each course shall be properly rolled with a roller suitable for driveway installation.
The use of a Belgian block apron will not be allowed within the Town right-of-way or any Town-owned property. Where the paved portion of the Town road is located less than three feet from a property line, a Belgian block apron will not be allowed within three feet of the edge of the pavement of a Town road.
§ 51-16. Intervening distance requirements; car-length platform.
[Amended 7-23-1986; 1-15-2004, effective 2-12-2004]
No access shall be located within 50 feet of the intersection of the center lines of two or more roads.
Not more than one driveway shall be constructed on the same premises unless the distance between accesses is 50 feet or more.
No access shall be constructed within 50 feet of another on the same side of the street. The driveway at the entrance must be located 25 feet from a side or rear property line for a distance of 25 feet into the property. Beyond that point the driveway is to be located no closer than 10 feet to a side or rear property line.
The view of the edge of the road being entered shall be unobstructed for a distance of 50 feet in each direction from a point eight feet back from the edge of the existing or proposed travelway at a height of four feet.
A car-length platform must be constructed between the access and the driveway in cases where the grade of the driveway exceeds 3% past the access.
Provisions in this section shall not apply to driveways with access onto a permanent dead-end turnaround.
§ 51-17. Road entry angle.
A driveway and access shall enter a road at right angles when possible, and in no case shall the angle be less than 60°. This shall apply for a distance of 40 feet from the center line of the road.
§ 51-18. Access widths; machine-made curbs.
[Amended 7-23-1986]
The access serving one lot shall be 12 feet wide at the property line and 15 feet wide at the roadway edge. The access and driveway for one lot shall have a minimum right-of-way of 25 feet.
The access serving two lots shall be 16 feet wide at the property line and 20 feet wide at the roadway edge. The access and driveway for two lots shall have a minimum right-of-way of 30 feet.
An access entering a curbed roadway shall have machine-made curbs tying into the roadway curbing and extending to the property line.
Where there is no roadway curbing, the driveway access pavement shall be "feathered" into the roadway pavement.
Where there is roadway curbing, a two-inch lip shall be constructed and maintained by the owner of the premises.
§ 51-19. Maximum grade.
The grade of the driveway and access shall not exceed 3% within 40 feet from the center line of the travelway.
Editor's Note: Original § 12-38.1, View of road; car-length platform, added 7-23-1986, which immediately followed this section, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II). See § 51-16D and E.
§ 51-20. Paved lip.
When determined by the Board of Selectmen or its agent to prevent road drainage from entering a driveway or access, a paved lip shall be constructed and maintained by the owner of the premises.
§ 51-21. Culverts.
When determined by the Board of Selectmen or its agent that the driveway or access will interfere with drainage, culverts with appropriate proper design, location, and capacity as determined by the Board of Selectmen or its agent shall be installed and maintained by the owner of the premises.
§ 51-22. Ditches, catch basins and other devices.
Water from a driveway or access must be diverted or intercepted before reaching the roadway travel path. Necessary ditches, catch basins or other devices as shall be determined by the Board of Selectmen or its agent shall be constructed and maintained by the owner of the premises.
Property Maintenance
Chapter 145. Property Maintenance
[HISTORY: Adopted by the Town of Weston 1-6-1971; amended in its entirety 12-6-2018, effective 12-29-2018. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Solid waste — See Chs. 164 and 225.
Streets, sidewalks and public places — See Ch. 169.
§ 145-1. Unregistered motor vehicles.
§ 145-2. Abandoned vehicles.
These regulations shall also apply to abandoned motor vehicles in the Town of Weston. However, nothing herein shall abridge or reduce any rights the Town of Weston may have under Connecticut law pertaining to abandoned vehicles. The Board of Selectmen shall have the authority to establish a schedule of fines and notices for violations of this chapter. Such notices and/or fines may be amended from time to time by the Board of Selectmen.
§ 145-3. Definitions.
A building enclosed on four sides with a roof.
The same as described in § 14-1(52) of the Connecticut General Statutes.
Editor's Note: See C.G.S. § 14-1(58).
§ 145-4. Junk and other debris.
No person shall place, store or deposit upon real property in the Town of Weston any junk, debris, waste and secondhand material in such quantity and in such manner as to cause unsightly, offensive and repugnant appearances and/or odors.
§ 145-5. Enforcement.
Any person who violates any provision of this chapter shall be subject to a penalty as set forth in Chapter 1, § 1-6, of this Code. The Town of Weston may enforce any violation of this chapter by citation pursuant to Chapter 39 of this Code.