It is the intent of this article to provide for effective administrative procedures to assist in the application and enforcement of these regulations in order to promote the public health, safety, and general welfare of the community of Willington.
The Zoning Agent or Agents shall enforce these regulations. The Agents(s) shall be that employee(s) of the Town of Willington designated by the Planning and Zoning Commission and, in the event that there is a vacancy in such employee position(s), may include members and alternate members of the Commission itself who may be designated by vote of the Commission. Whenever the term "Zoning Agent" is used throughout this article, it shall be presumed to include all those individuals so designated by the Commission.
The Zoning Agent(s) shall be empowered to cause any building, structure, place or premises to be inspected and examined and to order, in writing, the remediation of any conditions found to exist in violation of any provision of these regulations or any permit or approval which has been issued. The owner or agent of a building, structure, or property where such violation has been committed or exists; or the lessee or tenant of an entire building or an entire lot where such violation has been committed or exists; or the agent, architect, builder, contractor or any other person who commits, takes part, or assists in such violation or who maintains any building or premises in which such violations exist shall be guilty of a misdemeanor punishable as provided in C.G.S. Chapter 124. Furthermore, the Commission or the Zoning Agent may, at its sole discretion, direct the Town Counsel to commence criminal or civil action in state or federal court for the purpose of enforcing the provisions of these regulations and securing such remedies or penalties as are provided by law.
[Amended 5-29-2001, eff. 6-12-2001; 9-16-2025, eff. 10-1-2025]
A.
Issuance and requirement.
(1)
The Zoning Agent(s) is hereby authorized to issue a certificate of zoning compliance for any site, building, or structure which has been reviewed by the Commission or the Zoning Board of Appeals, as the case may be, pursuant to any provision of these regulations. Such certificate shall be evidence that such site, use, building, site plan, or structure conforms to the plans, documents, representations, and other requirements and conditions attached to any variance, special permit, or special exception.
(2)
In addition, the Zoning Agent(s) is hereby authorized to issue a certificate of zoning compliance for any site, building, or structure which has not been reviewed by the Commission or the Board in cases where no such review is required by these regulations. Such certificate shall be evidence that such site, use, building or structure is permitted as of right by these regulations, or is a valid nonconforming use, building or structure, as defined in these regulations. The Commission may provide for such certificates to be issued by any person or persons designated by it, including any member(s) of the Commission.
(3)
Except for agricultural uses, no use of land or structures shall be established, expanded, extended, or altered, nor the construction of any building commenced, other than the continuation of a preexisting use or substitution of an identical use, without the issuance of a certificate of zoning compliance.
B.
Site plans. Prior to the issuance of any certificate of zoning compliance, the property owner shall provide two complete sets of plans prepared by a Connecticut licensed land surveyor, which shall be drawn to a scale of not smaller than one inch equals 40 feet and accurate 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 plan shall show all required setbacks and boundary lines and the location of all new construction and other important features, including, but not limited to, zone classification, new principal and accessory buildings and structures, driveways and parking areas, sanitary disposal systems, wells, wetlands, watercourses, floodplains, contours at two-foot intervals to a minimum accuracy of T-2, erosion and sedimentation control measures, and other information required to determine compliance with these regulations; Chapter 310, Subdivision Regulations; or Chapter 304, Inland Wetlands and Watercourses Regulations; or any permit issued thereunder. The Zoning Agent may permit a partial survey of A-2 standard classification for buildings, structures, or uses occupying, in the aggregate, no more than 500 square feet, or where there is no reasonable difficulty in determining that adequate separations and compliance with this chapter and Chapter 304, Inland Wetlands and Watercourses Regulations, can be achieved. This partial survey shall tie the location(s) of said buildings, structures, or uses to all boundary lines within 50 feet. Maps to be filed in the office of the Town Clerk shall conform to the filing requirements as set forth in regulations of the State of Connecticut adopted pursuant to C.G.S. § 11-8 et seq., as amended.
(1)
Specifications for survey requirements for an R-80 Zone as follows:
(a)
New construction: property survey as required in § 315-20.04B.
(b)
Additions involving an increase in building coverage: zoning location survey.
(c)
Accessory buildings equal to or greater than 200 square feet and accessory structures: zoning location survey.
(d)
Accessory buildings less than 200 square feet: site plan/plot plan to scale.
(e)
Addition with no increase in building coverage: site plan/plot plan to scale.
(f)
Remodeling with no change in bulk: no site plan required.
(2)
Waivers. In an R-80 Zone, the Zoning Agent is authorized to waive the following:
C.
Building plans. In addition, the property owner shall provide two sets of dimensioned floor plans and building elevations for all proposed buildings, and illustrative plans for any other structure. The Zoning Agent may modify or waive this requirement when the proposed work consists of simple construction or repairs and the nature and scope of such construction can be adequately described in narrative form.
D.
Application fees. Any application for a certificate of zoning compliance shall be accompanied by an application fee which shall be in accordance with Chapter 231, Land Use Applications, of the Town Code (such fees to be payable at the time of application for building permit only, and not at the time of application for certificate of occupancy or certificate of completion).
F.
Expiration of certificate.
(1)
For any use for which the issuance of a certificate of zoning compliance, or its predecessor "zoning permit" or "certificate of use and compliance" under the language of former Section 8 of these regulations, is the only requirement under these regulations (hereafter referred to simply as, "such certificate"), any such certificate shall be null and void if the subject land use is not established, or the subject construction is not completed, within one year of the date of issuance of such certificate. Such certificate may be renewed for additional periods of one year, provided it is obtained prior to the expiration of the original or the preceding period. Each such renewal shall require the payment of the application fee prescribed by Chapter 231, Land Use Applications, of the Town Code.
(2)
Notwithstanding the provisions herein for renewal of any certificate in accordance with C.G.S. § 8-3(i), any such certificate issued under this § 315-20.04 after October 1, 1984, shall become null and void unless all physical improvements required have been completed five years from the date of the issuance of such certificate; provided, however, that, in accordance with C.G.S. § 8-3(j), any such certificate issued after June 19, 1987, for a project consisting of 400 or more dwelling units shall become null and void unless all physical improvements required have been completed 10 years from the date of the issuance of such certificate.
G.
Compliance with application; revocation.
(1)
All work performed pursuant to a certificate of zoning compliance issued by the Zoning Agent shall comply with any and all application forms, plans, or other documents submitted, or verbal representations made, in connection with the issuance of such certificate. No foundation walls for any building, building addition, or structure shall be constructed until the recipient of the certificate has filed with the Zoning Agent a survey, certified to the same standard of accuracy as the original, verifying that the subject foundation footings were installed in accordance with the original plan. The Zoning Agent may approve minor modifications of an approved foundation location, provided that all provisions of these regulations; Chapter 310, Subdivision Regulations; or Chapter 304, Inland Wetlands and Watercourses Regulations; and any conditions or requirements of any permit issued hereunder continue to be met.
(2)
In the event that the Zoning Agent shall discover that any work is being performed in violation of such certificate or the said documents or representations provided in connection with its issuance, or in the event that the Zoning Agent discovers that, for any reason, the certificate should not have been issued in the first instance, the Zoning Agent may revoke any certificate issued by him/her, in which event the Building Official shall likewise revoke any building permit or certificate of occupancy issued by him/her, and all work on the subject site shall immediately cease and desist. Such revocation of the certificate of zoning compliance issued by the Zoning Agent may be appealed to the Zoning Board of Appeals in accordance with the Connecticut General Statutes.
A.
Issuance. In accordance with C.G.S. § 8-3(f), no building permit of any kind (including, but not limited to, so-called "foundation permits," or permits for repairs or renovations), shall be issued by the Building Official for any building, use or structure without the prior issuance of a certificate of zoning compliance indicating that the plans submitted to the Building Official conform to these regulations and any special exception, special permit, or variance. During the course of construction, the Building Official and Zoning Agent shall ensure continued compliance with these regulations and any such special exception, special permit, or variance, including, but not limited to, any erosion control plan approved by the Commission or its authorized agent. Any measures depicted on such erosion control plan shall be installed prior to the issuance of any building permit. The Building Official or Zoning Agent shall have the authority to require additional or different erosion control measures if those previously approved are found to be inadequate, or if they are not being maintained in accordance with the approved plan. Any construction activity which is found to be in violation of the certificate of zoning compliance, or any documents or representations submitted in support thereof, or of these regulations or any special exception, special permit, or variance issued hereunder may be ordered to cease and desist by the Zoning Agent or Building Official; and/or any building permit issued hereunder may be revoked by the Building Official. In order to carry out the provisions of this section, the property owner shall allow any officials of the Town of Willington free access to the site.
B.
Amendments. Nothing in this section shall be construed to require any change in the plans, construction, size, or designated use of a building for which a building permit has been issued prior to the effective date of these regulations or any amendment thereto, provided construction shall have been completed in accordance with § 315-20.04F. See § 315-20.09 for special provisions regarding special permits, special exceptions, and variances.
[Amended 5-29-2001, eff. 6-12-2001]
No building or structure shall be occupied or used; nor any use of land established; nor shall any addition, extension, or alteration of any building, structure, or use be occupied or used until a certificate of occupancy is issued by the Building Official. In accordance with C.G.S. § 8-3(f), no certificate of occupancy shall be issued by the Building Official for any building, use or structure without the prior issuance of a certificate of zoning compliance indicating that the use, building, or structure, as actually established or constructed, conforms to these regulations and any special exception, special permit, or variance, and any conditions attached thereto, issued by the Commission or the Zoning Board of Appeals, as the case may be, in accordance with these regulations. Similarly, no certificate of occupancy shall be issued until an as-built plan, to the A-2 standard of accuracy, of any septic system design reviewed by the Commission, pursuant to § 315-13.03C of these regulations, has been submitted to the Zoning Agent. Said plan shall certify that the designer of the septic system personally inspected the installation of the septic system on the site, and that the septic system as installed conformed to the original design, and said plan shall be prepared and certified by a Connecticut licensed professional engineer as to the design of the system, and by a Connecticut licensed land surveyor as to the location of the system. A survey of C-1 standard classification may be substituted where there is no reasonable difficulty in determining that adequate separations, and compliance with Willington Zoning Regulations and Chapter 304, Inland Wetland and Watercourses Regulations, can be achieved. The Building Official may issue a temporary certificate of occupancy where a portion of a building, site, or structure is completed and ready for occupancy, upon approval by the Zoning Agent and in accordance with the bonding procedure set forth in § 315-20.11.
Any party or person aggrieved by a decision of the Zoning Agent shall have a period of 30 days from the date of any action or decision of the Zoning Agent to appeal the action or decision to the Zoning Board of Appeals. The Zoning Board of Appeals shall have no jurisdiction to entertain an appeal filed beyond said thirty-day period.
In accordance with C.G.S. § 8-3d, no variance, special exception, or special permit shall be effective until a copy thereof, certified by the Commission or the Zoning Board of Appeals, as the case may be, containing a description of the premises to which it relates and specifying the nature of such variance, special exception, or special permit, including the regulation which is varied in its application or to which a variance, special exception, or special permit is granted, copies of all plans, specifications and conditions approved by the Commission/Board, and stating the name of the owner of record, is recorded in the Land Records of the Town of Willington.
A.
No person who has obtained a special exception, special permit, or variance shall attempt to erect any building or structure, or establish any use of land which is not in substantial conformance with any element of the plans, descriptions, applications and supporting materials, information, specifications submitted, or any representations of fact made, before the Commission or the Zoning Board of Appeals, as the case may be, without an amendment as provided in these regulations. Likewise, no person who has obtained a special exception, special permit, or variance shall violate any condition imposed thereon. Violation of this provision shall be grounds for the Commission or Zoning Board of Appeals, as the case may be, to void said special exception, special permit, or variance, following a public hearing with notice to the subject property owner and permit holder, and to take such other legal action as may be required to secure compliance with said special exception, special permit, or variance and the conditions attached thereto.
B.
The Commission may by resolution permit the Zoning Agent to authorize minor, nonsubstantial deviations from approved special permits. Likewise, the Zoning Board of Appeals may by resolution permit the Zoning Agent to authorize minor, nonsubstantial deviations from approved variances and special exceptions.
C.
Substantial changes to special exceptions, special permits, and variances shall be treated as new applications for approval and shall be submitted and acted upon in accordance with these regulations.
D.
In the event that the Commission or the Board, as the case may be, determines or discovers that information submitted to it in support of any application for Special Exception, Special Permit, or variance was incorrect or invalid, the Commission or Board may, following a public hearing with notice to the subject property owner and permit holder, void such approval, and shall state the reasons for such action on the record.
For any special exception, special permit, or variance involving nonresidential property, the applicant shall commence construction of any building or structure, or the establishment of any use, within 12 months of the effective date of such approval; said construction or establishment shall be completed by the applicant, and a certificate of zoning compliance and certificate of occupancy, where required, shall be issued, within 24 months of the effective date of such approval. Any such approval not completed within the time limits contained in this section shall be void.
Any special permit, special exception, or variance use which has been abandoned, with an intent to do so, for a continuous period of 24 months may, in the discretion of the Commission or Board, as the case may be, be deemed lapsed, and following a public hearing with notice to the subject property owner and permit holder, and upon the filing of notice of such lapse in the office of the Town Clerk, such special permit, special exception, or variance shall be void.
A.
As a condition of the approval of any special exception, special permit, or variance, or any approval for filling and/or removal of earth products pursuant to Article 15 of these regulations, or any approval of a Designed Development Zone in accordance with Article 12 of these regulations, the Commission or the Zoning Board of Appeals, as the case may be, shall require that the record owners of the subject property post a performance bond, in the form of cash or an irrevocable letter of credit from a Connecticut banking institution, with the Town in an amount necessary to cover 100% of the construction cost, as estimated at the time of projected completion, of all public improvements, including, but not limited to, street or drainage improvements, erosion control measures, water supply, site restoration, and any other public improvements required by the Commission/Board in connection with any such special exception, special permit, variance, Designed Development Zone, or earth product excavation or filling operation. In addition, as a condition of the approval of any special exception, special permit, or variance, Designed Development Zone, or any approval for filling and/or removal of earth products pursuant to Article 15 of these regulations, the Commission or the Zoning Board of Appeals, as the case may be, may require that the record owners of the subject property post a bond, in such form and with such sureties as the Commission/Board may prescribe, in an amount sufficient to cover the cost of construction of any private site improvements, including, but not limited to, drainage, septic facilities, landscaping, walkways, lighting, street furniture, amenities, and any other improvements required by the Commission/Board in connection with any such special exception, special permit, variance, Designed Development Zone, or earth product excavation or filling operation, including any improvements depicted on the preliminary site development and land use concept plan of a Designed Development Zone. Such requirement for bonding shall be determined on the basis of the importance of the completion of such improvements to compliance with the criteria of these regulations, the extent and expense of such improvements, and the potential for occupancy of the site or building in the absence of such improvements. Any bond required under this section shall be posted prior to the commencement of the subject construction or other activity or use. All such improvements shall be completed prior to the issuance of a certificate of zoning compliance issued at the time of the certificate of occupancy, except as provided herein below.
B.
In the event that certain improvements may not be installed at the time of occupancy of a site or building due to weather conditions or other factors beyond the control of the applicant, the Zoning Agent may issue a temporary certificate of zoning compliance at the time of the application for a certificate of occupancy, provided that he/she shall require a performance bond, in the form of cash or an irrevocable letter of credit from a Connecticut banking institution, in an amount necessary to cover 100% of the construction cost, as estimated at the time of projected completion, to insure the completion of such improvements not more than six months following such occupancy. All public health and safety components of a project must be completed prior to occupancy or use of any parcel of land, building, or structure and may not be bonded.
C.
In the event that the improvements described hereinabove shall not be completed within the time limits contained herein, the Commission, Zoning Board of Appeals, or the Zoning Agent, as the case may be, shall be authorized to utilize the performance bond to complete such improvements and to compensate the Town for any administrative expenses incurred in connection with the completion of such improvements.
D.
Maintenance bonds may be required by the Commission/Board to insure that landscaping material which has been improperly planted or cared for will be replaced, that public improvements have been properly installed, and that other defects which do not appear immediately after completion of construction will be repaired or replaced. Such maintenance bonds shall be released or utilized, as the case may be, not more than one year following completion of all improvements, as evidenced by the issuance of a certificate of zoning compliance, or the release of those bonds described in § 315-20.11B above, whichever is later.
E.
All bonds posted in accordance with these regulations shall be effective at least until the completion of the activity or development which they serve to guarantee. No such bond shall require the Town of Willington or any agency thereof to incur any expense or enter into any contract prior to payment of the obligation which such bonds secure. All bonds shall be in such form as the Town Attorney shall require.
No person shall create any access or highway intersecting with any Town road, nor alter any such road in a manner so as to interfere with the storm drainage from or onto any Town road, without the approval of the Board of Selectmen or its agent, which approval shall be evidenced by a permit from the Board or its agent. The Board or its agent may require additional improvements to ensure emergency access to any lot or parcel; to prevent hazards to the users of Town highways; and to prevent drainage, sight line, or other hazards on adjoining properties. All plot plans submitted in accordance with this Article 20 shall show the exact location of the driveway and all associated or related work to be performed, including all measurements, topography within the public right-of-way, and materials to be used. The information submitted shall be sufficient to demonstrate compliance with this section and with § 315-4.21, Driveway standards, of these regulations.[1]
[1]
Editor's Note: Original Sec. 20.13, Certificates for a Use Subject to Performance Standards, which immediately followed, was repealed 9-16-2025, eff. 10-1-2025