[Added effective 2-29-1980]
[Amended effective 12-24-1981; 6-10-1983]
A.
Purpose and intent.
(1)
It is declared that a need is present in Norwalk for greater
control over the development of its shoreline in order to encourage
development which is compatible with the waterfront, minimize adverse
environmental impact and encourage harmonious coastal development.
(2)
The purpose of this section is to implement the State Coastal
Management Act, Chapter 444 of the Connecticut General Statutes, as
amended, and the goals and policies therein.
B.
General requirements.
(1)
Coastal Zone.
(a)
All references to the "coastal boundary" refer to the Coastal
Boundary Map, Norwalk, Connecticut, scale one inch equals 600 feet,
adopted by the Planning and Zoning Commission June 18, 1980, a copy
of which is on file with the Town Clerk.
(b)
All references to the "Coastal Zone" refer to the area of Norwalk
within the coastal boundary and landward of the mean high-water mark.
(2)
Coastal site plans required.
(a)
All structures and uses in the Coastal Zone, unless exempt under § 118-1110E, shall comply with coastal site plan review requirements in Sections 22a-105 through 22a-109 of the Coastal Management Act, as amended, in addition to complying with the other requirements of these regulations.
(b)
An application for coastal site plan review in accordance with
Sections 22a-105(c) and 22-a106(c) of the Coastal Management Act,
as amended, shall be filed with the Zoning Inspector in addition to
an application for zoning approval, zoning variance, Special Permit
site plan review, subdivision, resubdivision or special exception.
The application shall be signed by the applicant and, if the applicant
is not the owner, the owner of the property. If the applicant is unable
to obtain the signature of the owner, the applicant may submit a letter
of authorization signed by the property owner.
[Amended effective 3-29-2002; effective 5-25-2007]
[1]
Notification of neighbors: All applicants shall
notify the owners of land that abut or are directly across the street
from the subject parcel no later than ten (10) days after such application
is submitted. Mailings shall be evidenced by a certificate of mailing
that shall be submitted by the applicant to the Commission on or before
the date of the Commission's action on such application. The
name of the owners shall be taken from the latest Tax Assessor records.
When a condominium is located across the street, or abuts the subject
proposal, notification may be sent to the condominium association
in lieu of the individual unit owners.
[Added effective 1-30-2015; amended effective 5-27-2016]
(c)
Fees.
[Amended effective 10-27-1995; effective 6-27-2003; efffective 8-29-2003; effective 3-24-2006; effective 4-24-2009; effective 9-25-2009; effective 4-28-2017]
[1]
A fee shall accompany the application in accordance
with the Schedule of Fees established by the Commission, effective
as of the date of the application.
Legal notice fees shall be the responsibility of the applicant,
who will be billed for the payment of legal notice fees directly by
the publisher of such notice. Applications for special permit or variance
shall be exempt from these fees.
[2]
Where required by these regulations, an application
for Village District design review shall be filed with the staff and
accompanied by a filing fee as indicated on the approved Schedule
of Fees, effective as of the date of the application, to be paid by
the applicant at time of submission of the application. The Commission
shall refer such application to its Village District consultant to
review for compliance with applicable design guidelines. The report
of such consultant shall be entered into the public hearing record
and considered by the Commission in making its decision. Such fee
shall be used by the Commission to compensate the Village District
consultant; any unused balance shall be returned to the applicant.
C.
General procedures for review and approval of coastal site plans.
(1)
The Commission may hold a public hearing, at its discretion,
on any coastal site plan. Notice of the time and place of the hearing
shall be given in accordance with Sections 8-3c and 8-7d of the Connecticut
General Statutes, as amended. The Commission shall hold a public hearing
on the following coastal site plan applications:
[Amended effective 5-15-1987; effective 5-28-2004]
(a)
Multifamily dwellings containing more than six dwelling units
that are within two hundred (200) feet of mean high water; twelve
(12) or more dwelling units that are more than two hundred (200) feet
from mean high water.
(b)
Commercial and industrial uses of more than two thousand (2,000)
square feet that are within two hundred (200) feet of mean high water;
four thousand (4,000) square feet or more that are more than two hundred
(200) feet from mean high water.
(c)
Activities requiring any other zoning permit, review or approval
for which a public hearing is required by General Statute or these
regulations.
(2)
The Commission shall approve, approve with conditions, modify
or disapprove a coastal site plan in accordance with the time periods
specified in Section 8-7d of the Connecticut General Statutes, as
amended, provided that no zoning violation exists on the property.
[Amended effective 1-27-2006]
(3)
In approving the application, the Commission shall set an effective
date and may attach such conditions to the coastal site plan as shall
ensure compliance with the requirements of the Coastal Management
Act, as amended.
(4)
Any extension or change of an existing structure or use permitted
by coastal site plan review which substantially changes its character
or intensity shall require a new coastal site plan review.
(5)
Coastal site plan review approval of any building, use or structure
for which a building permit has not been issued within one year from
the effective date shall become null and void, unless an extension
of time is applied for and granted by the Commission.
(6)
As a condition to a coastal site plan approval, the Commission
may require a financial guarantee to secure compliance with any modifications
required as a condition of approval. A financial guarantee for any
modifications required by the Commission shall be posted by the applicant
approved as to form and financial institution by the Commission or
Corporation Counsel at any time before completing all site plan modifications,
public improvements or utilities. The financial guarantee shall be
released only after all improvements are complete and are in satisfactory
condition. If not satisfactory, within 65 days of release request,
a written explanation shall be provided to the applicant detailing
the outstanding work that must be completed before such financial
guarantee or portion thereof may be released.
[Amended effective 1-27-2012; effective 10-26-2012]
E.
Exempt uses and structures.
(1)
The following uses and structures shall be exempt from coastal
site plan review:
(a)
Gardening, grazing and the harvesting of crops.
(b)
Construction, addition or alteration of a detached single-family
dwelling except:
[1]
For the construction of a detached single dwelling
and additions of one thousand (1,000) square feet or more within one
hundred (100) feet of the following coastal resource areas as defined
by Section 22a-93(7) of the Coastal Management Act, as amended: tidal
wetlands, coastal bluffs and escarpments, and beaches and dunes.
[Amended effective 5-15-1987]
[2]
For a structure identified in the Norwalk Historic
Resource Inventory, as amended.
(c)
Construction of new or modification of existing structures incidental
to the enjoyment and maintenance of residential property, including
but not limited to walks, terraces, driveways, swimming pools, tennis
courts, docks and detached accessory buildings.
(d)
Minor additions to existing buildings, other than a detached
single-family dwelling, consisting of 1,000 square feet or less, except
on property abutting coastal waters, or within 100 feet of the following
coastal resources as defined by Section 22a-93(7) of the Coastal Management
Act as amended: tidal wetlands, coastal bluffs and escarpments, beaches
and dunes; 2,000 square feet or less for additions that are more than
200 feet from the above-referenced coastal resources.
[Amended effective 5-15-1987]
(e)
Construction of new or modification of existing on-premises
fences, walls, pedestrian walks and terraces, underground utility
connections, essential electric, gas, telephone, water and sewer service
lines, signs and such other minor structures that will not substantially
alter the natural character of a coastal resource or restrict access
along the public beach.
(f)
Activities conducted for the specific purpose of conserving
or preserving soil, vegetation, water, fish, shellfish, wildlife and
other coastal land and water resources.
(g)
Interior modifications to buildings.
(h)
Minor changes in the use of a building or property except changes
on property abutting coastal waters and except changes from a water-dependent
use to a non-water-dependent use.
