With the exception of uses prohibited in §
270-49,
all uses which are permitted by right, permitted with site plan review
or permitted by special permit, under the Haddam Zoning Regulations,
in the zone designated in §
270-16, shall also by permitted
with the same conditions in such zones within the Gateway Conservation
Zone.
The following uses are prohibited in the Gateway Conservation
Zone:
A. Dumping and storing of refuse. No dumping or storage
of refuse shall be permitted other than the temporary dumping or storage
of small amounts of such material for brief periods pending final
lawful disposition, nor shall any new public solid waste dispose facility
be established or an existing facility be expanded in area.
B. Removal of earth materials. The removal of soil and
earth materials shall be prohibited except as indicated in Article
XXII of these regulations.
C. Signs, directional. Signs which call the attention
of the general public to any commercial activities, services or products
not available on the premises where the sign is located are prohibited.
For the purposes of this Article
XIII, the following
terms, phrases, words, and their derivations shall have the meanings
given herein. When not inconsistent with the context, words used in
the present tense include the future, and the plural includes the
singular, and the word "shall" is intended to be mandatory.
COMMERCIAL CUTTING PLAN
A plan showing the applicant's property and abutting property
owners, a description of the activity to be undertaken, and a certification
by a public or consulting forester that the plan is consistent with
the Minimum Standards for Cutting Timber set forth in the Town of
Haddam Wetlands Commission Forest Practices Regulations adopted January
10, 2000.
DEVELOPED AREA
To be determined and defined by the Haddam Planning and Zoning
Commission.
EARTH MATERIALS REMOVAL
The removal, excavation or mining of minerals, sand, gravel,
clay, bedrock, peat, loam or topsoil.
HEIGHT
The vertical distance between a horizontal plane through
the highest point of a building or structure, excluding chimneys,
and the lowest point of a building or structure which is visible above
existing natural grade prior to site grading.
A.
The height of any retaining wall constructed
to create a site platform, and of any backfill along the foundation
in excess of the existing natural grade, shall be included as part
of the measured height.
B.
The Commission may consider and may approve
a special permit application which allows maximum height to be measured
from a new finished manufactured grade if such new grade is determined
by the Commission to be consistent with the standards of special permit
requirements for residential structures in excess of 4,000 square
feet of total floor area. The special permit is mandatory for all
structure in excess of 4,000 square feet, and optional for structures
with a total floor area of 4,000 square feet or less.
HUMAN OCCUPANCY
The use of an enclosed space having a means of egress, light,
ventilation and access to sanitary facilities to house any person
or persons for the purpose of living, working or playing.
MULTIFAMILY PROJECT
Any group of three or more dwelling units in one or more
buildings on a single lot.
NONCOMMERCIAL CUTTING
The cutting or removal of forest tree species on a lot for
the purpose of preparing a site for the construction of a building
or other structure and/or cutting for the customary maintenance and
lot improvement. Sale of cordwood or other incidental forest products
resulting from such maintenance and lot improvement shall not constitute
commercial cutting.
SITE PLAN
A plan which includes the description and location of all
existing and/or proposed buildings, structures and uses on a lot;
utility lines, vehicular drives and parking areas, access, lighting,
drainage and waste disposal facilities; adjacent ownership, outstanding
physical features, watercourses and wetlands; any proposed modification
or alteration of the lot's natural features, including the disturbance
of vegetation and soil cover; and such further information as may
reasonably be required.
STORY
That part of a building, other than a cellar, included between
the surface of any floor and the floor above it, or if there is no
floor above it, then the space between the floor and the ceiling next
above it.
STORY ABOVE GRADE
Any story having its finished floor surface entirely above
grade, and any other story having its finished floor surface partially
or entirely below grade where the finished surface of the floor next
above is more than six feet above grade for more than 50% of the total
perimeter of the building or more than 12 feet at any point.
TOTAL FLOOR AREA
The sum of the gross area of all floors in a structure, measured
from the exterior faces of exterior walls. Gross floor area includes
any area which is capable of being used for human occupancy, including
garage or attic space, whether finished or not, provided the area
has a structural headroom of at least six feet. A basement or first
floor which is located entirely below the ground surface shall not
be included in total floor area calculations.
TOWN
A town which has voted to be governed by the provisions of
C.G.S. §§ 25-102d through 25-102h, Lower Connecticut
River Conservation Zone.
WETLANDS
Those areas identified and defined in C.G.S. §§ 22a-32
and 22a-38, as amended.
A special permit is required for all construction,
reconstruction, enlargement, or structural alterations of principal
and accessory residential structures which result in one or more buildings
or structures having a combined total floor area in excess of 4,000
square feet, in accordance with Articles
XVIII and
XIX of these regulations.
The following findings shall be made by the
Commission for special permits within the Gateway Conservation Zone:
A. Proposed structures and site work have been designed
to fit the hillside rather than altering the hillside to fit the structure
and site design.
B. Disturbance to existing topographic forms is minimized
and proposed grading and excavation will not result in soil erosion
and silting of lower slopes.
C. The proposed development retains or enhances the visual
character of the site and the area by utilizing proper structural
scale and character, varied architectural treatments and appropriate
plant material to buffer the mass of the building from the river or
its tributaries in the Gateway Conservation Zone.
D. The proposed design preserves or enhances significant
natural features and maintains or restores the natural and traditional
character of the river scene.
There shall be no cutting of vegetation within
a strip of land extending 50 feet in horizontal distance inland from
the high tide line, as defined in C.G.S. § 22a-359(c), of
the Connecticut River or any of its tributaries or associated wetlands,
except as provided in this section.
A. There shall be no clear-cut openings, and a well-distributed
stand of trees and other vegetation, including existing ground cover,
shall be maintained. Existing vegetation less than three feet in height
and other ground cover shall not be removed except to provide for
a footpath or other permitted uses. Pruning of tree branches on the
bottom third of trees is permitted. Fields which have reverted primarily
to shrubs, trees or other woody vegetation shall be regulated under
the provisions of this section. Cleared openings legally in existence
on the effective date of these regulations may be maintained but shall
not be enlarged.
B. There shall be no timber harvesting within the buffer
area except to remove safety hazards. When removal of storm-damaged,
diseased, unsafe or dead trees results in the creation of cleared
openings, these openings shall be replanted with native tree species
unless existing new tree growth is present. Prior to cutting of diseased
or damaged trees, a determination about the conditions of such trees
shall be made by the Zoning Enforcement Officer, or a letter stating
the necessity of such action submitted to the Zoning Officer by a
public or consulting forester.
C. In no event shall an opening be cleared for development,
including but not limited to surface regrading, stormwater drainage
structures, construction of retention walls, construction of principal
or accessory structures, driveway construction, sewage disposal areas,
and lawns and gardens.
D. A footpath, not to exceed five feet in width, is permitted,
provided that a cleared line of sight to the water through the buffer
strip is not created.
E. Stairs or similar structures may be allowed with a
permit from the Zoning Enforcement Officer to provide shoreline access
in areas of steep slopes or unstable soils, provided that the structure
is limited to a maximum of five feet in width and does not extend
below or over the high tide line of the Connecticut River or its tributaries
or the upland edge of a wetlands, and the applicant demonstrates that
no reasonable access alternative exists on the property.
F. A vegetated buffer shall not be required for areas
within the Conservation District which have been mapped and designated
by the Planning and Zoning Commission as "developed areas." In such
developed areas, property owners are encouraged, where feasible, to
maintain a vegetated area of trees and shrubs immediately adjacent
to the water to avoid erosion and enhance the scenic quality of the
river scene.