When the singular number or the masculine gender
is used in these regulations, it shall be read to include the plural
number or the feminine or neuter gender wherever the circumstances
involved naturally require. The term "shall" is always mandatory.
The term "person" shall include a corporation, partnership or other
entity as well as an individual.
As used in these regulations, the following
terms shall have the meanings hereinafter assigned to them:
A proposed housing development which is assisted housing
or a set-aside development.
[Amended 5-18-2004]
ASSISTED HOUSINGHousing which is receiving, or will receive, financial assistance under any governmental program for the construction or substantial rehabilitation of low- and moderate-income housing, and any housing occupied by persons receiving rental assistance under Chapter 319uu or Section 1437f of Title 42 of the United States Code.
SET-ASIDE DEVELOPMENTA development in which not less then 30% of the dwelling units will be conveyed by deeds containing covenants or restrictions which shall require that, for at least 40 years after the initial occupation of the proposed development, such dwelling units shall be sold or rented at, or below, prices which will preserve the units as housing for which persons and families pay 30% or less of their annual income, where such income is less than or equal to 80% of the median income. In a set-aside development, of the dwelling units conveyed by deeds containing covenants or restrictions, a number of dwelling units equal to not less than 15% of all dwelling units in the development shall be sold to persons and families whose income is less than or equal to 60% of the median income and the remainder of the dwelling units conveyed by deeds containing covenants or restrictions shall be sold or rented to persons and families whose income is less than or equal to 80% of the median income.
The flood having a one-percent chance of being equaled or
exceeded in any given year.
The particular elevation of the base flood as specified on
the Flood Insurance Rate Map for Zones A1-A30.
Any improvement having a roof and intended for the shelter,
housing or enclosure of persons, animals or materials.
The State of Connecticut Building Code, as the same may hereafter
from time to time be amended.
The Building Official for the Town referred to in Section
19-395-107 of the Building Code.
A certificate of use and occupancy prescribed in Section
19-395-120 of the Building Code, as the same may hereafter from time
to time be amended.
The Killingworth Planning and Zoning Commission.
The same meaning assigned to that term by § 47-42a(a)
of the Connecticut General Statutes, as the same may hereafter from
time to time be amended.
When referring to a corporation, the ownership of more than
50% of the outstanding voting stock in such corporation or more than
50% in value of all outstanding shares of stock in such corporation.
The Town Director of Health referred to in § 19a-200
of the Connecticut General Statutes.
[Amended 6-3-2008]
When it or its derivatives are used with reference to a tract
or parcel of land, any of the following:
A sale of ownership of a defined portion of
a tract or parcel of land following which each of two or more persons
owns different defined portions of such tract or parcel of land;
Any other transfer, whether absolute or conditional,
of ownership, or of a right of occupancy or possession, in a defined
portion of a tract or parcel of land made by the transferor and/or
by the transferee with a view to present or future building development,
following which transfer each of two or more persons owns, or holds
rights of occupancy or possession in, different defined portions of
such tract or parcel of land. For purposes of this provision, any
transfer of a fee interest, or of a leasehold interest for a term
of more than 20 years, in a defined portion of a tract or parcel of
land having an area equal to or exceeding the minimum lot area prescribed
in the Zoning Regulations for the construction of any type of permitted
principal building thereon shall be deemed to be made with a view
to building development; and
The construction or placement of a principal
building, for which a minimum area and specified setbacks are prescribed
under the Zoning Regulations, upon a tract or parcel of land following
which two or more such principal buildings exist upon such tract or
parcel of land.
A private road used solely for access to one principal building,
over the same lot upon which such principal building is located, by
the occupants thereof and their guests and invitees.
An organization described in Section 501(c)(3) of the Internal
Revenue Code, as the same may hereafter from time to time be amended.
The channel of a river or other watercourse and the adjacent
land area that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than
1.0 foot anywhere in the Town.
Those roads or portions of roads which are paved and are
listed as improved miles in the Town of Killingworth list titled "Miles
of Locally Maintained Roads as of December 31, 1984."[1]
The Killingworth Inland Wetlands and Watercourses Commission.
The general area where two or more highways join or cross,
including the roadway and roadside facilities for traffic movements
within the area. Each public road radiating from an intersection and
forming part of it is an intersection leg. The intersection includes
the perception reaction distance, the maneuver (stopping or lane change)
distance, and the queue-storage distance.
[Added 12-16-2008]
A local road with no potential for additional development
providing access to a highly localized neighborhood and having a pavement
width of 20 feet.
A local permanent dead-end lane with no potential for additional
development serving not more than six residential units and no longer
than 700 feet. On-street parking is prohibited.
A lane with no potential for additional development beginning
and ending on the same local street or thoroughfare, serving not more
than 15 residential units, and no longer than 2,000 feet. Spacing
of the lane intersections with the local street or thoroughfare, as
measured between their center lines, shall be at least 450 feet apart.
On-street parking is prohibited.
[Amended 6-3-2008]
A road which primarily provides access to abutting properties
or a highly localized neighborhood and having a pavement width of
24 feet.
A local permanent dead-end local street, length not to exceed
1,000 feet.
A local street beginning and ending on the same local street
or thoroughfare, length not to exceed 2,000 feet. Spacing of the loop
road intersections with the local street or thoroughfare, as measured
between their center lines, shall be at least 450 feet and not more
than 1,000 feet apart.
A local street beginning on one local street or thoroughfare
and ending on another local street or thoroughfare, or ending on the
same local street or thoroughfare, provided that the local street,
through road intersections with the local street or thoroughfare,
as measured between their center lines, are at least 1,000 feet apart.
After adjustments for family size, the lesser of the state
median income or the area median income for the area in which the
municipality containing the affordable housing development is located,
as determined by the United States Department of Housing and Urban
Development.
[Added 5-18-2004]
Any area of land, including forest land, inland wetlands, and farmland, the preservation or restriction of the use of which would maintain and enhance the conservation of natural or scenic resources; protect natural streams or water supply; promote conservation of soils, wetlands, and water bodies; enhance the value to the public of abutting or neighboring parks, forests, wildlife preserves, nature reservations or sanctuaries, greenways, or other open spaces; enhance public recreation opportunities; preserve historic sites; or promote orderly suburban development. Open space land is subject to restrictive covenants, running with the land and burdening the premises in perpetuity, prohibiting the use of the land for any purpose other than one or more of the open space uses prescribed in § 485-52 of these regulations.
The subdivision area or, where an applicant shall have elected to develop in stages pursuant to the provisions of § 485-11, such term shall mean and refer to the portion of the subdivision area, and delineated by reference to a section number, for which approval is sought.
A road serving not more than eight lots of four-acre equivalent
minimum buildable lot area and owned by an association of all lot
owners in the subdivision. The total length of all dead-end private
roads within the subdivision shall not exceed 1,000 feet.
Any road accepted by the Town for use by the general public
or any state highway.
An approved subdivision lot conforming to the characteristics outlined in § 485-49B(4).
A change in a map of an approved or recorded subdivision
if such change affects any road layout shown on such a map, affects
any area reserved thereon for public use, or diminishes the size of
any lot shown thereon and creates an additional building lot, if any
of the lots shown thereon have been conveyed after the approval or
recording of such a map.
Any land intended for use or used as a way for motor vehicle
travel, including all appurtenant open spaces, sidewalks, drainage
facilities and other improvements, but shall not include a driveway.
The Killingworth Road Regulations, as the same may hereafter
from time to time be amended.[2]
A transfer made in exchange for consideration in money or
money's worth, whether absolute or conditional, and including a mortgage.
The Sanitarian employed and designated by the Town.
A road which has been designated a scenic rural road by the
Planning and Zoning Commission in accordance with the Scenic Road
Ordinance.[3]
Any tree, measured 4 1/2 feet above the grade, with a circumference
of 57 inches (a diameter of 18 inches) or greater; or a tree that
is of mature size for its species.
[Added 12-16-2008]
All the areas of the Floodplain District as established and designated in § 500-10 of the Killingworth Zoning Regulations and which are subject to a one-percent or greater chance of flooding in any given year.
A tree that is notable and distinctive by virtue of its size,
canopy, color, texture, flowers, scent, quality for its species, or
rarity.
[Added 12-16-2008]
The Public Health Code established by the Commissioner of
Public Health pursuant to § 19a-36 of the Connecticut General
Statutes, as the same may hereafter from time to time be amended.
[Amended 6-3-2008]
The Streambelt Map referred to in § 500-32 of the Zoning Regulations.
The division of a tract or parcel of land into three or more
parts or lots made subsequent to December 30, 1963, for the purpose,
whether immediate or future, of sale or building development, expressly
excluding development for municipal, conservation or agricultural
purposes, and includes resubdivision. For purposes of this definition,
a division of a tract or parcel of land under one ownership on December
30, 1963, into three or more parts or lots shall be considered to
have been made whether such division is effected simultaneously or
successively by a single owner or successively by several successive
owners of the land of which such tract or parcel was comprised. The
tract or parcel deemed the subdivision shall be all of the record
owner's or applicant's entire contiguous land holdings.
A proposed or existing road, other than a public road, which
is intended to serve one or more lots or parts into which a tract
or parcel of land is divided pursuant to a plan of subdivision.
A property survey of a horizontal accuracy Class A-2 conforming
to Sections 20-300b-1 to 20-300b-20 of the Regulations of Connecticut
State Agencies – Minimum Standards for Surveys and Maps, adopted
by the Connecticut Association of Land Surveyors, Inc., on September
26, 1996.
[Added 5-18-2004]
A state-maintained road that bisects the Town.
The Town of Killingworth.
Those roads listed as Town roads under Chapter 293, Highways, of the Town Code, as the same may from time to time be amended, including any roads accepted by the Town for use by the general public, but not including any roads abandoned (discontinued) by the Town. (See Appendix C.)[4]
[Amended 6-3-2008]
Those roads or portions of roads which are unpaved and are
listed as unimproved miles in the Town of Killingworth list titled
"Miles of Locally Maintained Roads as of December 31, 1984."[5]
Those areas identified and defined in § 22a-38
of the Connecticut General Statutes, as the same may hereafter from
time to time be amended.
Those areas identified in §§ 22a-32 and 22a-38
of the Connecticut General Statutes and officially delineated by the
Inland Wetlands and Watercourses Commission, as the same may hereafter
from time to time be amended.
The same meaning assigned to that term by the provisions
of § 8-26c(b) of the Connecticut General Statutes, as the
same may hereafter from time to time be amended.
The Commission's Zoning Enforcement Officer referred to in Article XXXII of the Zoning Regulations.
The Killingworth Zoning Regulations, as the same may hereafter
from time to time be amended.[6]
[1]
Editor's Note: See Appendix C at the end of
this chapter.
[4]
Editor's Note: Appendix C is included at the end of this chapter.
[5]
Editor's Note: See Appendix C at the end of
this chapter.
