In dividing the Town of Willington into zones, it is recognized that there are certain uses which may be necessary or desirable to the Town, but which may be detrimental to the Town or the neighborhood in certain locations or if proper safeguards are not provided. Therefore, in Article 5, Use Regulations, of these regulations, those uses are listed as permitted only upon the issuance of a special permit by the Commission or the issuance of a special exception by the Zoning Board of Appeals. The Commission or the Zoning Board of Appeals, as the case may be, must evaluate the impact of each proposed use upon neighboring uses and the Town as a whole in determining the appropriateness of any use requiring a special permit or a special exception for the proposed location. For simplicity, both "special permit" and "special exception" will hereafter be referred to simply as "special permit/exception," and the terms "the Commission or the Zoning Board of Appeals, as the case may be" shall hereafter be referred to simply as "the Commission/Board."
A.
In any instance involving a use or uses requiring a special permit/exception as set forth in Article 5 of these regulations, no land or water areas shall be used; nor uses altered or expanded in space, time, or intensity; nor buildings or structures erected, altered, enlarged, or used until the Commission/Board shall grant a special permit/exception in accordance with this Article 13, or amend a previously granted special permit/exception.
B.
The Commission/Board may waive the requirement for a special permit/exception where it finds that:
(1)
One special permit/exception use is being substituted for another similar use on the same lot which was previously granted a special permit/exception by the Commission/Board;
(2)
The new use will require no greater parking or loading than the original, as set forth in Article 18 of these regulations;
(3)
The new use shall entail no exterior change to the building or site; and
[Amended 9-16-2025, eff. 10-1-2025]
The following information shall, at a minimum, be provided by any applicant for special permit/exception:
A.
Application form. A completed application form prescribed by the Commission/Board, and an application fee as prescribed by Town ordinance.
B.
Site plan. A site plan composed of one or more sheets, none of which shall exceed 24 inches by 36 inches, which shall conform to the following requirements and contain the following information:
(1)
Boundary survey. A boundary survey prepared and sealed by a Connecticut licensed land surveyor, which survey shall be drawn at a scale of not smaller than one inch equals 40 feet and which survey shall be certified to conform to the standards of map and survey accuracy, respectively, for Class A-2 as defined in the "Recommended Standards for Surveys and Maps in the State of Connecticut," as adopted by the Connecticut Association of Land Surveyors, Inc., on September 13, 1984, or as the same may be amended from time to time. Said survey shall include the dimensions of the subject property and its acreage or square footage.
(2)
Location map. A location map, at a scale of one inch equals 1,000 feet, showing the location of the site in relation to existing roads, major watercourses, and adjoining properties, and other features which would assist the Commission/Board and the public to orient themselves to the site and its boundaries.
(3)
General information.
(a)
The name and address of the applicant, property owner of record, the name of the development, and the names and addresses of the owners of record of all properties adjacent to, or across any street from, the subject property.
(b)
The name, address and professional seal of each design professional responsible for, or participating in, the design of the site.
(c)
The Assessor's map, block and lot numbers for the subject property and properties within 500 feet of the perimeter of the site.
(d)
The date of the site plan, a North arrow, the scale of the plan, and a revision block indicating dates and brief descriptions of all revisions. Areas of the plan modified by revisions made after the filing of the application shall be clearly "clouded" or otherwise highlighted.
(e)
A description of any existing deed restrictions, covenants, easements, rights-of-way, or similar encumbrances which run with the land, including the identity of the dominant and servient estates, the volume and page of the Willington Land Records where the same are recorded, and the date upon which they will expire, if any.
(4)
Site features, existing. On the site, and within 500 feet of the perimeter of the site using existing or available information, unless otherwise required by the Commission/Board:
(a)
All existing uses of land, including uses not requiring buildings or structures, such as outside storage; property lines, streets, utility lines, ledge outcrops, specimen trees, major tree or shrub areas, and other significant features of the site, both natural and man-made.
(b)
Wetlands and watercourses in or near the site as defined by Chapter 304, Inland Wetlands and Watercourses Regulations, and a statement indicating the quality thereof; the high water level of areas covered by water (such as lakes, rivers, streams, ponds, swamps, and the like).
(c)
Areas having slopes in excess of 20%.
(d)
Flood hazard areas as designated on the most current Federal Flood Insurance Rate Map for the Town of Willington, and the rate map designation for such areas.
(e)
Existing structures and their uses, general type of construction, height, and the like.
(f)
The location of all existing wells, public water supply watersheds, and other public or private water supplies, and fire protection facilities.
(g)
The maximum slope of the site, expressed as a percent; existing monuments, iron pins, and other boundary indicators.
(h)
The soil classifications, as per the U.S. Natural Resources Conservation Service/Tolland County Coding of Soil Types, prepared by a qualified soils scientist, and a statement indicating the erodibility of the soils and a general indication of the need for erosion and sedimentation control.
(i)
Existing contours of the land at intervals of two feet, or less where the topography of the site and the area around it cannot be otherwise accurately and fairly represented.
(j)
Existing roads, paths, and major and unique natural, scenic, historic, and open space features of the parcel.
(5)
Site features, proposed. On the site, and for any area off the site where any alteration whatsoever is proposed:
(a)
Any change whatsoever to any of the existing features depicted on the site plan in accordance with the preceding subsection, including, but not limited to, proposed uses of land, including uses not requiring a structure or building; the amount of land and/or buildings dedicated to each use; proposed grades at two-foot contours or less; any signs, accessory structures, fences, walls, or other similar structures; location and details for the collecting and handling of refuse; the location of gas, electric, and other utilities to be provided, and whether utility lines shall be placed above or beneath the ground.
(b)
The location, dimensions, square footage (both ground floor and total), height, and type of construction of all buildings or structures, including fences, walls, signs, lighting fixtures, flagpoles, and the like.
(c)
The location of any proposed well, septic system, and the location of, and test results for, any and all percolation and deep test holes, as verified by the Town Health Official.
(d)
Any regrading, excavation, filling, and the volumes of material to be brought onto or removed from the site.
(e)
The percentage of building coverage, combined building and paved area coverage.
(f)
Alterations in property boundaries, easements, utilities, and the like.
(g)
The location of any roads, curbs, sidewalk, driveway, parking and loading area(s), paths, and similar improvements, and any tie-ins to existing Town or state facilities.
(h)
Phase lines, proposed future division of the property, long-term easement boundaries, and the like.
(i)
In any site plan requiring the erection of any structure, grading, drainage work, paving or other improvement, those aspects of the plan shall be prepared, signed, and sealed by a Connecticut licensed professional engineer.
(j)
The areas of wooded portions of the site, or specimen trees, to be removed or retained, and the location, design, and content of landscaping to be created, including the size, number, and type of all landscaping material to be planted, and the proposed treatment of all buffer strips, screens, and islands.
(k)
The expected intensity and frequency of noise which may be emitted from the site or use, and the methods to be used to control the same.
(l)
The height, bulk, use and location of all buildings; plans for the use of interior spaces of proposed buildings; the exterior appearance of proposed buildings, including exterior elevations, roof plan, designation of materials, colors, and textures of exterior finishes, doors, windows, roofing, trim, and the like; location of heating, air-conditioning, ventilation, and similar equipment; and special exterior features, such as building-mounted signs, drive-in windows, building or roof lighting, roof drainage/gutters, and features on the interior of the building designed to be capable of being seen from the exterior.
(m)
The applicant shall submit the results of water quality analysis of all existing watercourses on the site, which shall be performed by a state-approved laboratory. The applicant shall submit similar analyses upon the completion of all construction activities and prior to issuance of a certificate of zoning compliance.
(6)
Parking and drainage.
(a)
The site plan shall include all information necessary to establish conformance with the requirements of Article 18 of these regulations, Off-Street Parking and Truck Loading, and shall also include the calculations utilized to determine the parking and loading areas as depicted on the site plan.
(b)
The site plan shall depict the dimensions of all parking and loading spaces, the total number of such spaces, and any proposed future or expansion parking or loading spaces. In addition, the site plan shall include the location, invert elevations, pipe sizes, flow calculations, and all other similar information as may be required by the Commission's engineering consultant to properly evaluate the stormwater management plan for the site.
(c)
For any site plan which depicts more than 2,000 square feet of impervious surface, be it building areas or paved areas, the site plan shall include provisions to retain stormwater runoff so as to produce no increase in peak runoff. The methods used to meet this requirement shall be as prescribed by the Commission's engineering consultant.
(d)
The proposed design, location, and illumination level of all outdoor lighting, particularly in pedestrian and vehicular areas.
C.
Sanitary waste disposal plan. For any site which is not planned to be served by a public sanitary sewer connection, the applicant shall provide adequate information to demonstrate that the proposed/existing use will be adequately served by a subsurface sewage disposal system in accordance with the Connecticut Public Health Code.
D.
Soil erosion and sediment control for land development. Every application for special permit/exception shall include an erosion and sedimentation control plan which conforms to the requirements of Article 16 of these regulations.
E.
Protection of surface and groundwater supply.
(1)
Pursuant to C.G.S. § 8-2, as amended by Public Act 85-279, every application for special permit/exception shall include an evaluation of the impact of the proposed development upon existing and potential public surface and ground drinking water supplies. Such evaluation shall contain, at a minimum:
(a)
A statement describing the nature of the use of any buildings or areas of the site and their method of waste and stormwater disposal.
(b)
The nature of any discharges anticipated.
(c)
The nature of any materials to be stored, processed, or otherwise present on the site, and the period of time for which, and conditions under which, such materials shall be present on the site.
(d)
The nature of the groundwater or surface waters on and around the site, including any public or private domestic users of such waters, their classification, as designated by the Connecticut Department of Energy and Environmental Protection's Groundwater Classification System, and the depth to any groundwater, the nature of the soils surrounding such groundwater, and the like.
(e)
Measures to be taken by the applicant to control any potential adverse impact on surface and ground drinking water supplies.
(f)
Other information which might assist the Commission/Board in determining that such waters will be protected from potential adverse impacts created or increased by the proposed development. Any such evaluation shall be prepared by a qualified geohydrologist or other professional who provides evidence satisfactory to the Commission/Board that he/she is qualified to prepare such evaluations. The Commission/Board may refer such evaluations to any governmental agency for review and comment.
F.
Water supply; certificate for community wells.
(1)
The location and design of the proposed water supply systems shall be provided, including design calculations, materials specifications, hydrostatic testing procedures, and flow testing procedures.
(2)
In accordance with C.G.S. § 8-25a, as amended by P.A. 84-330, any development providing water by means of a "water company," as that term is defined in C.G.S. § 16-262m(a), shall provide to the Commission/Board a certified copy of a certificate of public convenience and necessity issued for the development by the Connecticut Department of Public Health. No application for special permit/exception involving such a water company shall be deemed complete without said certificate unless the applicant shall provide a resolution of the Willington Board of Selectmen, waiving said certificate and agreeing to be responsible for the operation of the subject water company in the event that the company is at any time unable or unwilling to provide adequate service to its consumers.
G.
Inland wetlands and watercourses. No application for special permit/exception shall be deemed complete without the submission of a copy of a report and motion for approval of an inland wetlands permit from the Willington Inland Wetlands and Watercourses Commission, provided such a permit shall be required under regulations adopted by said Commission.[1] Any plans submitted to the Commission/Board shall conform, in all relevant respects, to those plans submitted to the Willington Inland Wetlands and Watercourses Commission as the same were approved, or modified and approved, by said Commission.
H.
Covenants and restrictions. The applicant shall provide the text of any proposed covenants, easements, deed restrictions, and community organizations necessary to assure the fulfillment of the intent and requirements of these regulations and the final development plan, as approved.
I.
General provisions.
(1)
Sufficiency of information presented. Any of the foregoing plans, reports, and evaluations may be presented on one or any number of separate sheets or documents, depending upon the complexity of the application. It shall be the duty of the applicant, however, to provide plans and other documents which incorporate all of the above information, and demonstrate compliance with all of the requirements and criteria of these regulations, in a way that is clear and comprehensible to the Commission/Board and its staff.
(2)
Additional information. The Commission/Board may require additional information as may be needed to evaluate the appropriateness of the proposed use in the proposed location, including, but not limited to, information concerning surrounding land uses, building locations, driveways, streets, topography, watercourses and wetlands, utilities, and the like; a traffic impact study prepared by a Connecticut licensed professional engineer qualified to prepare such studies; an environmental impact statement prepared by professionals qualified to prepare such studies; detailed architectural information, such as color samples, screening of roof- or ground-mounted heating and air-conditioning equipment and ventilation ducts, samples of construction materials, and the like; the location and construction material of any fences, walls, flagpoles, street furniture, walkways, trash disposal areas, and the like; and reports from its own consultants and staff, or from government agencies.
(3)
Number of copies. The applicant shall submit no less than nine copies of all plans, reports, and other documents enumerated above.
(4)
Waivers. The Commission/Board may, upon the written request of the applicant or upon its own motion, waive the submission of information set forth in § 315-13.03B, Site plan, which is not required in order to determine compliance with the criteria set forth in this Article 13. The Commission/Board may not waive the submission of information set forth in § 315-13.03C through G.
(5)
Signature block. All plans shall contain the words "Approved by the Willington Planning and Zoning Commission/Zoning Board of Appeals," with a designated place for the signature of the Chairperson, Vice Chairperson, or Secretary of the Commission/Board and the date of signing.
[Amended 9-16-2025, eff. 10-1-2025]
A.
Who may apply. The following persons may apply for a special permit/exception: an owner, or all of the joint owners, of the property upon which the use is to be located; the prospective purchasers of such property, pursuant to a written purchase agreement, option agreement, bond for deed, or similar document; provided, however, that the said document accompanies the application and authorizes the prospective purchaser to apply for certificate of zoning compliances from the Town or, in the alternative, the written consent of the owner of the fee simple interest accompanies the application; the lessee of a leasehold interest, provided that either the written consent of the owner of the fee simple interest accompanies the application or, in the alternative, that a written lease, which must accompany the application, provides that the lessee is authorized to apply for certificate of zoning compliances from the Town.
B.
Informal discussion. Any proponent of a use permitted by special permit/exception may request the opportunity to place such proposal on the agenda of a regular or special meeting of the Commission/Board for the purpose of presenting preliminary plans or concepts and receiving preliminary comments, observations, questions, or areas of concern. Neither the proponent nor the Commission/Board shall be in any way bound by statements made in such informal discussions, their purpose being only to minimize delay, expense and inconvenience to the public, the proponent, and the Commission/Board upon the future receipt, if any, of a formal application for special permit/exception. Following any informal discussion, the Commission/Board may suggest that the proposal, or certain aspects thereof, be referred to other municipal, state, or federal agencies for review and comment, or may suggest that additional information is or will be required prior to action on a formal application for special permit/exception.
C.
Submission of application.
(1)
Complete application. A complete application shall consist of the application form and fee, together with the required information set forth in this Article 13. The date of receipt of any such application shall be the next regularly scheduled meeting of the Commission or the Board, as the case may be, or 35 days following the submission of such application, whichever shall first occur.
(2)
Notices mandated by statute.
(a)
In accordance with C.G.S. § 8-7d, the Commission shall notify the clerk of any adjoining municipality of the pendency of any application concerning any special permit/exception in which any portion of the property affected is within 500 feet of the boundary of the adjoining municipality, a significant portion of the traffic to the completed project will use streets within the adjoining municipality to enter or exit in the site, a significant portion of the sewer or water drainage from the project on the site will flow through or significantly impact the drainage or sewerage system within the adjoining municipality, water runoff from the improved site will impact streets or other municipal or private property with the adjoining municipality. Such notice shall be made by certified mail and shall be mailed within seven days of the receipt of the application, and no public hearing shall be held on any special permit/exception application unless or until such notice has been received. The adjoining municipality may, through a representative, appear and be heard at any hearing on such application.
(b)
In accordance with C.G.S. § 8-3i, in any special permit/exception application for any property which is within the watershed of a water company, as defined in C.G.S. § 16-1, the applicant shall provide written notice of the application to the water company, provided such water company has filed a map showing the boundaries of the watershed on the Land Records of the Town. Such notice shall be by certified mail, return receipt requested, and shall be mailed at the time of application. The applicant shall submit evidence of such notice to the Commission at the time of application. Such water company may, through a representative, appear and be heard at any hearing on such application.
(3)
Notice to adjoining owners. The applicant shall also notify all adjoining landowners of record of the date, time and place of the public hearing of the Commission at which said special permit/exception is to be considered no less than 10 days preceding the date of said hearing, and shall submit proof to the Land Use Department of such notification. No notice shall be required for the continuation of a public hearing once it has been opened.
(4)
Posting of sign. No less than seven days prior to the opening of any public hearing, the applicant shall post a sign on the property which is the subject of any application for special permit/exception. The face of such sign shall be as provided by the Commission and shall set forth the date, time and place of the public hearing and the agency (the Commission or the Board) hearing the application. It shall be the obligation of the applicant to post such sign on the property in a location which is plainly visible from the nearest public street and to maintain the sign until the opening of the public hearing. Said sign shall be placed at intervals of one sign every 200 feet along all street(s) upon which the subject parcel has frontage. No sign need be posted for the continuation of a public hearing once it has opened.
(5)
Submission for review. In addition to the requirements set forth in the preceding subsections, the Commission/Board may, in its sole discretion, submit any plans or other information to consultants, employees, or other governmental agencies for comment and recommendations.
(6)
Time limits.
(a)
The Commission/Board shall, within 65 days of receipt of any application, schedule a public hearing thereon, said public hearing to be noticed in accordance with the requirements of the Connecticut General Statutes. The applicant or the applicant's authorized representative shall attend the public hearing, and the absence of the applicant or the applicant's authorized representative shall be proper grounds for the denial of the application. Said public hearing may be held open for no more than 35 days following the opening thereof. Within 65 days following the close of said public hearing, the Commission/Board shall act upon said application. The applicant may request an extension of any of the time limits set forth in this subsection for a period not to exceed 65 days.
(b)
These time limits are in accordance with Connecticut General Statutes as of the time of adoption of these regulations; any subsequent amendment to such Statutes shall control, and be used in place of the preceding, without amendment of these regulations.
(7)
Action.
(a)
The Commission/Board shall review the application for conformance with the criteria of this Article 13. The Commission/Board may approve, modify and approve, or disapprove the application. If the Commission or the Board determines that the application is incomplete, the same may be denied without prejudice to any future complete application. If such reapplication is made within one year of the denial without prejudice, the Commission/Board may, in its sole discretion, waive all or a part of the application fee to reflect the cost of staff review expenses previously performed.
(b)
The Commission/Board may approve any application subject to certain stipulations and/or conditions of approval as it may deem necessary and desirable for the purpose of preventing or diminishing any noncompliance with the criteria set forth in this Article 13. Such conditions may specifically include hours of operation, restrictions on days of the week, and similar restrictions as to time. Where appropriate (e.g., for nonstructural uses such as excavations, outdoor events, and the like), the Commission/Board may grant a special permit/exception which is temporary and will be effective only commencing on, or terminating on, specified dates.
(c)
The Commission/Board shall state, upon the record, the reasons for its action and shall publish notice of such action as required by Connecticut General Statutes. The Commission/Board shall, in addition, send written notice of its decision under the signature of the Commission's/Board's Secretary or clerk, by certified mail, to the applicant within 15 days of its action.
(8)
Endorsement and filing. Within 65 days of the Commission/Board approval, the applicant shall submit one set of final plans on a reproducible material suitable for filing in the Town Clerk's office and six sets on paper, reflecting all conditions or modifications required by the Commission/Board, and accompanied by signed, sworn statements of the applicant's land surveyor, engineer, architect, and any other professional who has participated in the preparation of the application materials, to the effect that the plans submitted are the same as those approved by the Commission/Board except for the depiction of modifications and conditions required by the Commission/Board in its approval vote. If, upon considering the statements and reviewing the plans submitted, the Commission/Board shall find them to be in accordance with the final approval, and if all required accompanying documents (such as bonds, per Article 20 of these regulations) have been provided, the plan shall be endorsed by the signature of the Chairperson, Vice Chairperson, or Secretary of the Commission/Board, as the case may be. Thereafter, it shall be the responsibility of the applicant to file one set of endorsed final plans in the office of the Town Clerk. In accordance with C.G.S. § 8-3d, no special permit/exception shall be effective until the final, endorsed plans are filed with the Town Clerk, and any plans not so filed within 60 days following the signing by the Commission's/Board's authorized officer(s) shall become null and void. Any special permit/exception site plan filed in the Town Clerk's office without the endorsement of the Commission's/Board's Chairperson, Vice Chairperson, or Secretary shall likewise be void.
[Amended eff. 12-15-2012; 9-16-2025, eff. 10-1-2025]
In reviewing an application for special permit/exception, the Commission/Board shall consider the following criteria and shall make a finding that:
A.
Complete application. The application shall contain all information required by this Article 13, and the number of copies required, and said information has been prepared by persons possessing the necessary expertise to prepare it. Information shall be presented with adequate clarity and professionalism to permit the Commission/Board to understand it and determine compliance with these criteria. The presentation of a complete application, as described herein, is the obligation of the applicant, and failure to meet these criteria shall be grounds for denial without prejudice to future, complete applications.
B.
Compliance with regulations. The application shall conform in all respects with these regulations, unless a certified copy of a variance from any such provision is submitted with the application or the Zoning Agent has issued a finding that the nonconformance is a legal, preexisting nonconformity in accordance with Article 9 of these regulations. Further, the application shall conform to Chapter 310, Subdivision Regulations; Chapter 304, Inland Wetlands and Watercourses Regulations, as evidenced by the submission of an inland wetlands permit issued by the Willington Inland Wetlands and Watercourses Commission, where required; the Public Health Code, as evidenced by a report of the Town Health Official or his authorized designee; and all relevant provisions of the Connecticut General Statutes, whether or not cited in these regulations.
C.
Frontage improvements. Where the subject site has frontage on an existing street, the pavement and shoulders shall be improved in accordance with the pattern existing on said street and any special requirements created by the proposed development, including, but not limited to, street widening, acceleration/deceleration lanes, curbing, stormwater drainage, street trees, and sidewalks.
D.
Traffic access. All driveways, parking areas, paths, and sidewalks shall be interconnected and/or combined, where possible, with adjacent parking areas, driveways, paths and sidewalks for similar uses, to minimize curb cuts and to maximize pedestrian and vehicular movement between adjacent sites without excessive curb cuts, access movements, and congestion. Provision shall be made for such interconnection and for the extension of any road or driveway terminating at or upon the subject site so as to serve adjacent undeveloped land in the same or a comparable zone. Such provision shall include rights-of-way to the Town and/or to the adjacent property owner(s). No driveway onto a public street shall exceed 30 feet in width, excluding the radius fillets at the point of intersection with the street, and no proposed driveway shall be closer than 100 feet to any other existing or proposed driveway, unless the site is of such width that compliance with this requirement would preclude access, in which case the separating distance between driveways shall be the maximum feasible for the site. In the interests of public safety, the number of driveways onto public streets shall be minimized, and, in nonresidential zones, access to adjacent sites shall be by common driveways wherever feasible. The Commission may require that any driveway be designed, and easements to adjacent properties be conveyed, in order to facilitate present or future sharing of such driveways. Driveway widths and sight lines shall comply with state standards, where applicable.
E.
Emergency access. All site plans shall make adequate provision for facilities and access for fire, police and other emergency protection. Such provision shall include, but not be limited to, fire lanes, access drives to otherwise remote portions of a building or site, adequate lighting of remote or visually obscured building or site areas, fire hydrants where surface or subsurface water supplies exist, and the like.
F.
Sanitary waste disposal plans. All plans shall provide for the disposal of sanitary waste in conformance with the Public Health Code and, in addition, in a manner which protects surface water and groundwater supplies, inland wetlands and watercourses, and ensures the protection of the public health and safety. Any sanitary waste disposal plan located in or in the immediate area of soils having "severe" limitations, as set forth in the U.S. Department of Agriculture, Natural Resources Conservation Service, Soil Interpretations Record (also known as "NRCS Soils 5 Form"), as the same may be amended from time to time, shall have a 100% replacement area.
(1)
No special permit/exception shall be approved, or modified and approved, unless the soil percolation and groundwater and ledge observation test pits, which must be taken in situ (original undisturbed soil), and other site conditions in the area of the primary and reserve septic system(s), indicate:
(a)
No slope shall exceed 25% in the area of the designated proposed primary and reserve septic systems.
(b)
Soils shall have a percolation rate of no slower than 30 minutes per inch.
(c)
Groundwater shall be no higher than 18 inches below the existing, undisturbed ground surface as determined by mottling or seasonal high groundwater, whichever is higher. Observation test pits for groundwater/ledge and percolation tests may be taken during any month of the year. The Health Official may require additional testing should, in his opinion, the existing tests not be adequate or performed during an extremely dry period. All testing shall comply with the State of Connecticut Public Health Code, as updated and revised from time to time.
(d)
Bedrock shall be no higher than four feet below the surface as observed during soil testing. The preceding shall not apply to developments to be served by public sanitary sewers.
(e)
There shall be no inland wetland or watercourse as defined by Chapter 304, Inland Wetlands and Watercourses Regulations, within the primary or reserve septic system area(s). The presence of such wetlands soil types shall be determined by a detailed field survey only, conducted by a soils scientist certified as meeting the basic qualification of the Society of Soil Scientists of Southern New England.
(f)
There shall be no areas within Flood Zone A (100-year), as indicated on the current Flood Insurance Rate Maps of the Federal Emergency Management Agency, within the primary or reserve septic system area(s).
(2)
For items in Subsection F(1)(a) through (e) above, the Commission may accept soil and topographic conditions for the site as they are proposed to be, rather than as existing, if the proposed alterations are found to be in harmony with the preservation of the rural character and natural resources of the Town and if engineering evidence indicates that the limitations of the existing soil and topography will not be present in the proposed conditions. Prior to the issuance of a building permit, the applicant shall demonstrate that all of the preceding requirements are, in fact, met for the site as altered.[1]
[1]
Editor's Note: Original Sec. 13.05.06.06, third paragraph, regarding septic systems for high-intensity uses, which immediately followed, was repealed 9-16-2025, eff. 10-1-2025.
G.
Erosion, sediment, and runoff control standards. No site plan shall be approved which will cause erosion, flooding, or sedimentation on the property being developed, surrounding properties, or wetlands or watercourses, as the same are defined by the regulations of the Willington Inland Wetlands and Watercourses Commission. Stormwater runoff shall be channeled into stormwater drainage systems and/or detention areas in accordance with proper civil engineering practice. For any site plan which depicts more than 2,000 square feet of impervious surface, be it building areas or paved areas, there shall be no increase in the peak stormwater runoff as a result of the proposed development. Measures used to control erosion and sedimentation shall, at a minimum, meet the standards and specifications of the Tolland County Soil and Water Conservation District.
H.
Wetland and watercourse protection. No sanitary disposal system shall be located within 150 feet of major rivers and their tributaries (see § 315-4.23).
I.
Surface water and groundwater protection. In reviewing any site plan or use, the Commission/Board shall consider the impact on existing and potential public surface and ground drinking water supplies. The application may be denied if the Commission/Board concludes that unreasonable adverse impact will result from the granting of the special permit/exception.
J.
Water supply. No site plan depicting a development to be served by a water company, as defined hereinabove, shall be approved unless and until a certificate of public convenience and necessity, or the waiver thereof by the Willington Board of Selectmen, has been obtained in accordance with § 315-13.03F of these regulations.
K.
Public health and safety. The site and building plans shall be designed so as to minimize any delay, inconvenience, and expense of providing for the public health, safety and welfare, including, but not limited to the following:
(1)
Adequate access for emergency vehicles and equipment.
(2)
Adequate water supply for firefighting, in accordance with recommendations of the Fire Marshal or his/her designee.
(3)
Adequate utility capacity.
(4)
Floodproofing measures which may be desirable, even if over and above the minimum requirements of these regulations or applicable state or federal standards.
(5)
Protection of the natural environment.
(6)
Avoidance of glare visible from public streets or adjacent properties.
L.
Appropriateness of use. The proposed use shall be appropriate for the designated location with regard to:
(1)
The size and intensity of the proposed use and its relation to existing land uses, and shall be such as to be in harmony with the appropriate and orderly development of the area in which it is to be situated and will not be detrimental to the orderly development of adjacent properties.
(2)
The capacity of adjacent and feeder streets to accommodate peak and average traffic volumes, and special traffic characteristics of the proposed use, and the avoidance of nonresidential traffic through residential streets.
(3)
The development will not hinder or discourage the appropriate development and use of adjacent land and buildings or impair the value thereof.
(4)
The obstruction of light or air, or the emission of noise, light, smoke, odor, gas, dust, and/or other offensive emissions without adequate buffering or controls.
(5)
The overall impact on neighborhood property values, and the special problems of fire or police protection inherent in the proposed use.
(6)
The preservation of the character of the neighborhood in terms of scale, density and intensity of use, architectural character, and similar factors.
(7)
The availability of adequate effluent disposal, water supplies, stormwater disposal systems, and other special burdens on utilities which the use may entail.
(8)
The degree of population concentration and building density resulting from the use is not excessive and existing provisions for fire and police protection, transportation, water, sewerage, schools, parks and other public requirements are adequate.
(9)
The use may be carried out so as to protect and enhance, and without the undue destruction of, valuable historic or natural resources or the pollution of lakes, streams, and other water bodies, while providing the best possible design of structures and land uses compatible with the shape, size and topographic and natural character of the site.
M.
Architectural character, historic preservation, site design.
(1)
The overall architectural character of the site and building designs shall not be detrimental to property values in the neighborhood or the Town and shall preserve and enhance the Town's historic and rural character in terms of scale of buildings, the preservation of scenic vistas and public access, materials used, rooflines, door and window details, site and building lighting, street furniture, paving materials, landscaping, signs, colors, and all other features of the site and buildings which are visible from the exterior of any building on the site or from adjoining properties or streets, or which may impact the character or quality of life on adjoining properties, in the neighborhood, or throughout the Town.
(2)
In multibuilding commercial or industrial developments, all buildings shall reflect a common architectural theme through the use of similar materials, rooflines, and other exterior treatments. All commercial and industrial uses shall include landscaped areas of not less than 10% of the developed lot area. Landscaped areas shall be strategically placed to enhance property values and to protect adjacent uses. With the exception of required loading facilities, all nonresidential buildings shall maintain a landscaped area no less than 15 feet in width between any and all parking areas and the building. With the exception of required driveways and walkways, all residential buildings shall maintain a landscaped area no less than 30 feet in width between any and all parking areas and the building.
(3)
Failure to maintain any landscaped area or buffer strip required by these regulations shall constitute a violation of these regulations.
N.
Uses in, adjacent to, or impacting residential areas. In addition to the above, in the case of any use to be located in, or directly adjacent to, or served by way of a residential zone or area of residential uses, the Commission/Board shall find that:
(1)
The location and size of such use, and the nature and intensity of operations involved in or conducted in connection therewith, shall be such that both pedestrian and vehicular traffic to and from and in the vicinity of the use will not be hazardous or inconvenient to, or detrimental to the character of, the said residential district or conflict with the traffic characteristics of the neighborhood. Commercial and industrial buildings shall be oriented away from residential areas and access to them shall not disrupt or disturb adjacent residential areas or residential zones. Access, parking, service areas, lighting, signs and landscaping shall be designed so as to protect the residential character of surrounding residential neighborhoods or residential zones.
(2)
Where any lot, or part thereof, adjoins or is separated by a street from a residential zone, the provisions of § 315-4.14 (general regulations) (concerning buffering) shall apply. In addition, the Commission may require additional setbacks or buffers for uses which pose special potential for adverse impacts due to their hours of operation, lighting, noise, odor, and any other similar characteristics. No building, parking, or loading areas (other than driveways) shall be located in any minimum yard required by these regulations.
(3)
The location and height of buildings, the location, nature and height of walls and fences, and the nature and extent of landscaping on the site shall be such that the use will not hinder or discourage the appropriate development and use of adjacent land and buildings or impair the value thereof.
(4)
No use shall be permitted which does not meet the requirements of § 315-4.15 (general regulations) (dealing with performance standards) of these regulations.
(5)
No outside storage of materials, products or refuse shall be permitted unless specifically authorized by the Commission/Board, and such authorized outside storage shall be screened in such manner as the Commission/Board may require. All loading areas shall be oriented away from residential areas and public ways and adequately screened from view by appropriate landscaping.
(6)
All buildings in multibuilding developments shall be logically related to provide convenient access to a common open space. Incompatible building types and uses shall be separated by open space and suitable screening.
O.
Special requirements for uses in the watershed of the Fenton and Mt. Hope Rivers. The following special requirements shall apply to all special permit/exception uses located within the watershed of the Fenton River or Mt. Hope River:
(1)
The total coverage for all buildings and paved areas shall not exceed 10%.
(2)
No portion of any septic disposal system shall be located within 200 feet of any inland wetland or watercourse as defined in Chapter 304, Inland Wetland and Watercourses Regulations, such wetlands and watercourses to be determined based on their natural, predevelopment locations. Sufficient soil of acceptable character shall be present within the site to ensure safe and effective functioning of an on-site septic system. All septic systems shall be designed by a sanitary engineer licensed in the State of Connecticut and shall include a renovation analysis demonstrating compliance with current standards adopted by the Connecticut Department of Energy and Environmental Protection.
(3)
No stormwater discharge from parking areas, roadways, rooftops or areas covered with similar impervious surfaces shall be deposited directly into any wetland or watercourse nor discharged directly into the ground. Suitable surface and/or subsurface measures shall be taken to detain, filter, renovate and otherwise improve the quality of any such waters before discharge to surface or subsurface waters on or off the site. Existing wetlands may be employed for final treatment of stormwaters to the extent of their capacity to do so, but only after initial treatment by new wetlands or structural filtration methods.
P.
Compliance with preliminary site development and land use concept plan.
(1)
The special permit/exception shall comply in all respects with the preliminary site development and land use concept plan approved by the Commission in accordance with Article 12, Designed Development Zones, of these regulations, except as the Commission may approve or require an amendment thereto.
(2)
In the event that a preliminary site development and land use plan covering the subject property cannot be found after diligent search by the applicant and the Commission, the Commission may use the following alternative procedures and criteria in lieu of an evaluation of compliance with the preliminary site development and land use plan:
(a)
The Commission may request its staff or consultants to prepare a suitable preliminary site development and land use plan for the subject Design Development Zone, under which the Commission may evaluate the special permit/exception use in the context of the subject Design Development Zone as it has, in fact, evolved and as it should evolve in the future;
(b)
The Commission may require the applicant to prepare, for the Commission's consideration, a suitable preliminary site development and land use plan which demonstrates that the proposed special permit/exception use is compatible with the subject Design Development Zone as it has, in fact, evolved and as it should evolve in the future; or
(3)
If the Commission elects to proceed under options in Subsection P(2)(a) or (b) above, it shall hold a public hearing on the preliminary site development and land use plan as presented by its staff or the applicant, and thereafter may approve, modify and approve, or deny such plan. If approved, with or without modifications, such plan shall become the adopted plan for the subject Design Development Zone and shall be filed in the office of the Town Clerk, and all future special permit/exception applications shall be evaluated by reference to such plan.
The following recommendations and requirements are provided to assist the applicant in determining the specific items which the Commission/Board will examine in evaluating any application for special permit/exception, and the preferred or required features, as the case may be:
A.
Building materials. Preferred building materials shall be with brick, stone, or narrow-width siding, or the like. Not preferred are corrugated or unpainted metal, unfinished concrete block, and asphalt shingle siding. Roofing materials should, where visible, be cedar shake, slate, copper, asphalt shingles, or reasonable equivalents. Tar paper, corrugated metal, or plastic roofing surfaces are strongly discouraged. Building-mounted lighting shall utilize shielded light sources and shall be of a style and character which is in harmony with the character of the Town. Building-mounted floodlights and ornamental building lighting are discouraged. All roof-mounted ventilation, heating, and air-conditioning equipment, including solar collectors, should, where possible, be recessed or otherwise incorporated into the roof design so that they are not visible from any adjacent property at the height of the proposed building.
B.
Lighting. Lighting shall be limited to that required for basic security and protection of the premises. In public commercial, industrial and recreational developments, during operating hours, only sufficient illumination shall be provided for the safe passage and illumination of vehicles and pedestrians, being, in general, illumination to an average level of 1/2 footcandle per square foot. Lighting standards in most parking areas should not exceed 20 feet in height, but in no event higher than the height of the building adjacent to the area to be illuminated. (See specific requirements in Article 18, Off-Street Parking and Truck Loading.) No lighting shall create glare, and the light source shall be recessed into the body of the luminaires and shall be designed with reflectors and/or lenses to focus all light downward, with sharp cutoff on the horizontal plane, so that neither the light source nor unreasonable ambient light will be visible from beyond any property line of the site. Pedestrianways shall be illuminated by light bollards or other low-level lighting standards with shielded light sources. All loading areas, rear entries, and other high-crime areas shall be illuminated to the level of parking areas.
C.
Site plan. The Commission/Board may require that any site plan shall provide for pedestrian walkways and circulation in commercial and industrial parking areas and around buildings. Walkways along public streets may also be required and should be constructed of slate, brick, or concrete and be a minimum width of five feet. Interior walkways should be constructed of slate, brick, or suitable paving blocks. The Commission/Board may permit gravel or other surfaces for interior walkways where minimal use of such walkways is anticipated.
D.
Landscaping and screening. All parking, service and storage areas shall be reasonably screened by landscaping and/or fences or walls; the general grading, improvement and landscaping of the site shall be designed so as to protect and enhance the historic and rural character of the Town and the subject neighborhood and to provide all-season visual buffers between the proposed use and any incompatible use of adjacent property through the use of grade separation, landscaping, buffer areas, and/or open spaces. All parking areas should include landscaped islands to direct vehicular and pedestrian circulation and to reduce the visual impact of large paved areas. All deciduous trees shall have a minimum caliper measured at breast height of 2 1/2 inches, all evergreen trees shall have a minimum height of six feet, and all shrubs shall be of a size at least 1/3 their mature potential. All artificial trees, shrubs and grass are prohibited, except for seasonal, festive, or other temporary decoration. The Commission/Board may require that any or all buildings shall have foundation plantings.
NOTE: See the provisions of Article 4, General Regulations, and Article 11, Special Regulations, for additional requirements which may be applicable to special permit/exception uses. |