Zoning Regs, August, 1992

Zoning Regulations Section 1

Zoning Regulations

The purposes of the Cornwall Zoning Regulations (hereinafter "these Regulations") as provided for in the Connecticut General Statutes, Chapter 124 and as adopted by the Cornwall Planning and Zoning Commission (hereinafter "the Commission") are as follows:

.1 to promote and conserve the health, safety and welfare of the citizens of the Town of Cornwall (hereinafter "the Town");

.2 to facilitate adequate provision for transportation, drainage, schools, parks, open space and other public requirements;

.3 to conserve and maintain the value of land and buildings, and to promote the most appropriate uses of land and buildings especially as recommended in the Town Plan of Development as amended and adopted by the Commission;

.4 to preserve and protect farmland and support The Right to Farm as described in Connecticut General Statutes Section 19a-341, that is, no agricultural or farming operation shall be deemed to constitute a nuisance provided such operation follows generally accepted agricultural practices.

.5 to conserve natural features and resources including private and public water supply and to preserve historic sites;

.7 to provide adequate light and air, prevent overcrowding of land, undue concentration of population and congestion in the streets, and to lessen the danger of fire and flood.

a. no land, building or other structure shall be used, designed for use, and no building or other structure shall be constructed, reconstructed, enlarged, extended, moved or structurally altered;

c. no required setback, open space, off-street parking or loading space shall be established or altered.

These regulations shall be administered by the Planning and Zoning Commission or its authorized agent, the Zoning Enforcement Officer (ZEO). The Commission or its agent shall receive applications, issue Zoning Permits and Certificates of Compliance, and collect fees required by these Regulations. The Zoning Enforcement Officer shall keep an administrative log or record.

.1 The Commission or the Zoning Enforcement Officer shall be authorized to cause any building, structure, place or premises to be inspected and examined and to order in writing the remedying of any condition found to exist therein or thereon in violation of any provision of these Regulations or, when the violation involves grading of land or the removal of earth, to issue, in writing, a cease and desist order to be effective immediately.

No structure shall be erected, moved, enlarged or changed to another use, and no use shall be established or changed until the Commission or Zoning Enforcement Officer has certified in writing that these Regulations have been complied with.

.1 A zoning permit shall be issued by the Commission or Zoning Enforcement Officer upon receipt of a completed application and the appropriate fee, if all of the provisions of these Regulations and the subdivision regulations of the Town of Cornwall are complied with. A zoning permit application form is available from the Town Office.

.2 For a single-family dwelling or a permitted accessory structure or use, a zoning permit application shall be made. The application shall include a plot plan showing property owner and adjacent owners, size and location of buildings (existing and proposed), sanitary sewage facilities, water supply, proposed driveway locations, proposed use of property and such other information as the Commission may deem reasonably necessary to determine and provide for the enforcement of these Regulations.

.3 For uses other than single-family dwellings or permitted accessory structures and uses, the zoning permit application shall be accompanied by a site plan. Such site plan shall conform to the specifications of Article VI of these Regulations and shall be reviewed and approved by the Commission before a zoning permit is issued.

.4 A zoning permit or site plan permit shall be void one year after the date of approval unless the use is begun or actual construction has begun and is being diligently pursued to completion. Actual construction is the excavation and construction of a basement cellar or foundation and the actual placing of construction materials in their permanent position and fastened in a permanent manner.

.5 No building permit or combined zoning and building permit shall be issued by the Building Official until the Commission or its Zoning Enforcement Officer has certified in writing, through the issuance of a Certificate of Compliance, that the provisions of these Regulations have been complied with.

.1 If any building or structure has been erected, constructed, altered, converted or maintained, or any building, structure or land has been used, in violation of any provision of these Regulations, the Commission or the Zoning Enforcement Officer, in addition to other remedies, may institute an action or proceeding to prevent such unlawful erection, construction, alteration, conversion, maintenance or occupancy of such building, structure or land or to prevent any illegal act, conduct, business or use in or about such premises.

.2 The owner or agent of any building or premises where a violation of any provision of these Regulations has been committed or exists, or the lessee or tenant of an entire building or entire premises where such violation has been committed, or exists, or the owner, agent, lessee or tenant of any part of the building or premises in which such violation has been committed or exists, or the agent, architect, builder, contractor or any other person who maintains any building or premises in which any such violation exists, shall be fined not less than ten nor more than one hundred dollars for each day that such violation continues; but, if the offense is willful, the person convicted thereof shall be fined not less than one hundred dollars nor more than two hundred and fifty dollars for each day that such violation continues, or imprisoned not more than ten days for each day such violation continues or both; and the Superior Court shall have jurisdiction of all such offenses, subject to appeal as in other cases.

.3 Any person who, having been served with an order to discontinue any such violation, or having been served with a cease and desist order with respect to a violation involving grading of land or removal of earth, fails to comply with such order immediately, or continues to violate any provision of these Regulations specified in such order shall be subject to a civil penalty of five hundred dollars, payable to the Treasurer of the Town of Cornwall.

Other permits in addition to a zoning permit may be required before the applicant can begin the proposed construction or use. Examples of such other permits are those concerned with driveways, wetlands, water and sewer facilities, fire protection, building code, and health code. Determining what other permits are required and obtaining those permits is the responsibility of the applicant.

These regulations shall be held to be minimum requirements, adopted for the promotion of public health, safety and welfare. Wherever the requirements of these Regulations are at variance with the requirements of any other lawfully adopted rules, regulations, ordinance, deed, restrictions or covenants, the most restrictive shall apply.

For the purpose of these Regulations, the Town is divided into the following zones:

.1 The boundaries of the zones are shown on the map entitled Zoning Map, Town of Cornwall: dated August 2, 1965, and on file in the office of the Town Clerk. The above map and any amendments thereto are hereby made a part of these Regulations. Any facsimile maps are not official and are for convenience only.

.2 When in accordance with these Regulations, an amendment is made that changes a zone boundary, such change shall be made on the Zoning Map immediately after the amendment has been approved by the Commission together with the entry on the Zoning Map as follows: "Amended to (date)," such date to be the effective date of said amendment.

Where there is uncertainty as to the boundaries of zones as shown on the Zoning Map, the following rules shall apply:

.1 Zone boundary lines are intended to follow lot lines or center lines of streets, rights-of-way and watercourses.

.2 Where the boundary lines are shown approximately on the location of property lines and the exact location of the boundary is not indicated by a dimension, then the property or lot line shall be the zone boundary.

.3 Where the boundary is shown parallel to a street such boundary shall be interpreted as running parallel to the nearest street line and at such distance therefrom as indicated on the Zoning Map. If not indicated, such distance shall be 300 feet in an R-1, and GB Zone and 500 feet in an R-3 and R-5 Zone.

.4 Where a lot of record falls into two or more zones, any use allowed in either zone shall be permitted on the lot, but in no case shall uses allowed in one zone but prohibited in the other be extended more than 100 feet into the Zone prohibiting such use.

.1 Boundaries — The Housatonic River Overlay Zone comprises an inner corridor and an outer corridor with boundaries as shown on the map on file at the Town Office, entitled Housatonic River Overlay Zone Map - Town of Cornwall, dated November 16, 1982. The Housatonic River Overlay Zone is superimposed on the zones established in Section 2.1.

.2 Within the boundaries of the Housatonic River Overlay Zone the requirements of the overlay zone shall apply in addition to the requirements of the underlying zones. In the event of a conflict of land use requirements, the more restrictive requirements shall apply.

.3 The Inner Corridor represents the combined area of the 100-year flood hazard zone and the streambelt as determined by the Litchfield County Soil Conservation Service on the basis of soil type criteria.

.4 The Outer Corridor represents that portion of the immediate river watershed lying between the Inner Corridor and the top of the valley ridge, and delineated by lines drawn from peak to peak along the ridge line.

.1 Boundaries — The boundaries of the Aquifer Protection Overlay Zone are shown on the Aquifer Protection Overlay Zone Map, dated June 4, 1980, on file at the Town Office and are based upon studies completed by the U.S. Geological Survey and other water quality protection programs.

.2 Within the boundaries of the Aquifer Protection Overlay Zone the requirements of the overlay zone shall apply in addition to the requirements of the underlying zone. In the event of a conflict of land use requirements the more restrictive shall apply.

.1 Boundaries — The boundaries of the flood hazard overlay zone are shown on the Flood Hazard Boundary Map (FHBM) for Cornwall dated January l, 1976, or as shown on any officially published revision of this map.

.2 Within the boundaries of the Flood Hazard Area Overlay Zone the requirements of the overlay zone shall apply in addition to the requirements of the underlying zone. In the event of a conflict of land use requirements, the more restrictive shall apply.

.1 Boundaries, Uses and Requirements — The boundaries and requirements permitted in a Planned Conservation Zone shall be established by the Commission upon petition by an applicant in accordance with the procedures, standards and requirements set forth in Article XI. Uses permitted in a Planned Conservation Zone shall be limited to single family attached dwelling units and accessory uses and other related uses as specified in the regulation establishing the Zone.

This Article lists the uses which are permitted by right and by special permit in each zone.

All uses are subject to the minimum lot and dimensional requirements of Article IV, unless otherwise specified.

Special permit uses require a public hearing, submission of a site plan, and are subject to the general and specific requirements of Article VIII.

a. farms, provided that no building or structure used for housing livestock or poultry or storage of fertilizer or manure shall be within 60 feet of any street line or 100 feet of any property line.

b. necessary non-commercial excavation as defined and provided for in Article XIV of these Regulations.

Uses of land or structures not clearly permitted in the various zones are prohibited. This shall include, but not be limited to, the use, storage and disposal of nuclear weapons or products associated with nuclear weapons and nuclear energy, experimental or commercial (except medical applications of nuclear material), or radioactive wastes or nuclear components of any kind.

.1 The following special permit uses shall be subject to a public hearing, submission of a site plan as specified in Article VI and the general and specific requirements for Special Permits as provided in Article VIII:

f. educational, religious, philanthropic uses, (but excluding correctional institutions) operated by a nonprofit corporation or a government entity

l. shop and storage use by a contracting or building tradesman (no special permit required for this use in a commercial zone).

n. lots for single family residential use located on a Private Street as provided for in the Subdivision Regulations, or for two lots served by a common accessway.

The land in the R-1 Zone is generally relatively level, well drained, and accessible to highways and/or village centers.

a. single-family dwellings together with such other structures or uses which are accessory thereto. See also Section 6.1.1.

Natural limitations for development vary widely within the R-3 Zone. Generally the land in this zone consists of hilly upland areas with a good road network, open spaces and agricultural land.

The following special permit uses are permitted in the R-3 Zone subject to a public hearing, submission of a site plan as specified in Article VI, and the requirements for Special Permits as provided in Article VIII:

b. outdoor recreational areas such as ski areas, golf courses, riding stables and recreational campgrounds

c. roadside produce stands, greenhouses, garden centers, nursery or landscape services including the sale of plants, whether grown on the premises or not, and related supplies and services and the sale of farm produce and related products which are primarily grown by the owner

d. permanent sawmills for limited commercial use, subject to the requirements of Article VIII, subsection 8.20.

Much of the land in this zone is State forestland and not available for development, or unsuitable for development, due to severe natural limitations, including steep slope, exposed or shallow bedrock and wetlands.

The following special permit uses are permitted in the R-5 Zone subject to a public hearing, submission of a site plan as specified in Article VI and the requirements for Special Permits as provided in Article VIII:

These zones are located in village center areas and permit a variety of business uses.

The following uses are permitted in the GB Zones and shall be subject to submission of a site plan as specified in Article VI:

The following uses shall be subject to a public hearing, the submission of a site plan as specified in Article VI and the requirements for a Special Permit as provided in Article VIII:

The purpose of this zone is to protect the floodprone and environmentally sensitive Housatonic River Corridor. This zone has been defined and is protected through a uniform local land use regulation set up by the neighboring towns bordering the Housatonic River as set forth in Section 8:24.

The following shall be permitted uses within the Inner Corridor subject to the requirements of the underlying zone and the standards set forth in Section 8.24.2:

a. Open space uses which do not require moving, removing or otherwise altering the position of earth, stone, sand, gravel or water, except for flood control or erosion control measures.

b. Game management, fishing and hunting where permitted; camping and picnicking in specified areas.

c. Farming, plant nurseries, pastures, golf courses, trails, forest management, horticultural and other agricultural uses that do not significantly alter the natural character of the corridor.

All other uses allowed by these Regulations in the underlying zones located within the Housatonic River Inner Corridor shall be permitted by special permit subject to a public hearing, submission of a site plan as specified in Article VI and the requirements for Special Permits in Article VIII.

Land uses which pose a potential threat to groundwater supply should not be permitted within this zone in order to protect these supplies for drinking water use.

Any use permitted in the underlying zone shall be permitted except those principal or accessory uses which could pose a threat to the quality of groundwater in aquifers or discharge areas identified by the U.S. Geological Survey and as shown on the Aquifer Protection Overlay Zone Map

a. Road salt storage and loading facilities are prohibited except in weather-tight buildings.

e. No part of a subsurface sewage disposal system shall be located closer than 100 feet from any surface watercourse, or the minimum distance required by the State Health Code, whichever is greater.

f. All areas designated for the loading, handling, or storage of toxic wastes (including areas where motor vehicles may be repaired or serviced), shall have a ground or floor surface designed to collect and contain accidental spills of toxic materials.

The purpose of this zone is to avoid an increase in flood hazard due to any change or alteration of a land use or structure in the Town of Cornwall, and to assure that the Town will maintain its eligibility under the National Flood Insurance Program as administered by the Federal Emergency Management Agency (FEMA).

Any use permitted in the underlying zone shall be a permitted use in the Flood Hazard Area Overlay Zone. All uses permitted in the FH zone shall be subject to the Flood Insurance Program Regulations of the Town of Cornwall, and the submission of a site plan according to Article VI. Said site plan shall include references to any base flood elevation data available from a federal, state or other source until such other data is provided by FEMA. Based upon flood elevation criteria, all uses within the flood hazard area shall be subject to the following requirements:

a. Residential and non-residential structures shall have the lowest floor (including basement) elevated to or above the base flood level or

b. Non-residential structures shall have the lowest floor level flood-proofed to or above the base flood level.

c. New and replacement water supply systems shall be designed to eliminate infiltration of flood waters into the systems.

d. New and replacement on-site septic systems shall be located to avoid impairment during flooding, and all utilities shall be located to avoid flood damage.

This zone is established to allow the productive re-use of large institutional buildings located in the village center where such use will maintain the residential and historic character of the village center. Only uses that generate a volume and type of traffic compatible with the residential character of the village center and the safety of residents shall be permitted.

The following uses are permitted in the CP Zone and shall be subject to the submission of a Site Plan as specified in Article VI:

The Special Permit uses listed as follows and as provided in subsection .3 below are permitted in the CP Zone.

d. educational, religious, philanthropic uses (excluding correctional institutions) operated by a nonprofit corporation or a governmental entity

g. bed and breakfast establishments provided that the total number of rooms shall not exceed 15 for each, and that each shall have a resident manager on the premises.

In addition to the above list of Special Permit uses, such other uses which in the judgment of the Commission meet .4 Standards and Criteria for Special Permit Uses in the CP Zone may be permitted as a Special Permit.

Uses which are considered to be generally compatible with the purpose and standards of this zone and therefore may be permitted under this section include but are not limited to: professional business or financial offices; apartments; elderly housing; nursing homes, life care or similar facilities; artisans’ studios or workshops.

The following standards and criteria shall apply to all Special Permit uses in the CP Zone:

a. Traffic. The applicant shall demonstrate that the projected volume and type of traffic associated with the proposed use will be compatible with the village residential character of Cornwall Plains.

Where required by the Commission to determine compliance with the above state standard, the applicant shall provide a report prepared by a licensed traffic engineer. The report shall project the volume, type and timing of traffic generated by the proposed use, and shall assess the impact of traffic and parking on the site and surrounding village center.

The Commission shall deny an application for any use which it determines will generate a volume and/or type of vehicular traffic incompatible with the residential nature of Cornwall Plains. Of special concern are uses that generate truck traffic. No use which requires regular truck delivery of goods, supplies or other material shall be permitted, except where the Commission determines that the frequency of such deliveries, and the size of the trucks involved can be effectively limited and controlled in a manner that will not be disruptive to the residential neighborhood. It shall be the applicant’s responsibility to demonstrate the means of limiting and controlling truck traffic.

The Commission may attach conditions to the Special Permit where such are necessary to ensure conformance with the purposes and standards of this regulation. Such conditions may include, but shall not be limited to, the number of vehicular trips per day, and the size and type of the delivery vehicles permitted.

b. Limits on New Construction. The boundaries of the CP Zone are established to encompass existing large institutional buildings and the green space and parking areas historically associated with them. Accordingly, the intent of this zone is to permit productive use of these large buildings, but not the construction of new principal buildings.

Approved accessory buildings and structures, including additional parking areas, may be permitted, provided their size, scale and appearance is consistent with the character of the rural village residential center.

c. Parking. All parking shall be provided off-street in locations that are landscaped and wherever possible screened from the street and surrounding residences. Where new parking areas are proposed, the applicant shall document the parking needs of the proposed use. Where the Commission determines it is necessary, the applicant shall provide a report documenting parking needs prepared by a licensed traffic engineer.

The number and size of parking spaces required shall be determined by the Commission. The Commission may as a condition of the Special Permit allow a reduction in the number of parking spaces or other parking/ loading standards required under Article IX, or require shared parking where it determines that the parking areas proposed are:

All-weather gravel surface parking areas are encouraged. Wherever it is practicable, proposed parking areas shall not be paved with concrete or blacktop.

d. Exterior Modifications. Minor additions and modifications to existing buildings may be permitted provided such are consistent with the character and appearance of the building or are proposed to improve the appearance of a building consistent with the historic character of the village center.

The applicant shall submit an architectural rendering of any proposed exterior modification, accessory structure or building.

e. Lighting and Landscaping. All lighting and landscape improvements shall be designed to be compatible in appearance and size with the village residential area. The light from all exterior lighting fixtures shall be shielded and contained on the premises. A lighting plan shall be submitted providing details and specifications for all exterior lighting fixtures.

Where required by the Commission, a landscape buffer shall be provided to screen new parking areas, accessory buildings or structures or other activity areas from the street and/or surrounding residences. A landscape plan shall be submitted showing the location, type and size of proposed plantings.

f. Signs. All signs shall be of a size and type compatible with the residential village scale. A rendering of all exterior signs shall be provided.

g. Water and Septic. The applicant shall provide a comprehensive water and septic assessment prepared by a qualified professional engineer showing that the existing or proposed water and septic systems will be adequate for the proposed use.

Where shared use of a septic system is proposed, the applicant shall provide a plan for the management of the common septic system.

h. Lot and Dimensional Requirements. The minimum lot and dimension requirements for the CP Zone shall be the same as those for the R-1 Zone, with the following modifications of Lot Coverage:

• lot coverage in excess of 30% is surfaced with an all-weather material other

i. Noise. For the purposes of compliance with the Torrington Area Health District Noise Regulations, the CP Zone shall be treated as if it were a residential zone.

j. Notwithstanding other requirements of these regulations in this zone, there may be no more than one principal building and one principal use on a lot.

Residential Commercial

¹ Minimum access way must be provided for any lot. Any strip of land 50 feet or less in width used or to be used primarily for access, shall not be included as part of the lot area, nor shall any easement or right of way for a utility be included in the calculation of the required minimum lot size. See also Sec. 5.3 and Article X.

² Mean width is derived by dividing the square footage contained within the lot by the distance in feet between the two furthermost points on the perimeter. (see next page).

³ Outside storage of vehicles and equipment shall not cover more than 10% of the lot.

⁴ Where a lot crosses a town boundary, the requirements of Article IV must be satisfied on land within the town of Cornwall.

The purpose of this requirement is to disqualify lots containing excessively narrow strips and salients. Such portions beyond the minimum required acreage may be excluded from the lot and designated as "excess acreage" for the purpose of computing mean width.

These are regulations that apply to more than one zone, or to a specific use or class of uses, regardless of their location in the town.

.3 Apartment unit created as a result of a conversion - 450 square feet; more depending on number of bedrooms

.5 Municipally operated dwellings used to house indigent welfare clients - 350 square feet.

.1 Definition and Purpose. Each lot shall have an accessway meeting the requirements of these Regulations. An accessway shall be defined as a minimum corridor of land suitable for the location of a driveway connecting a street located in the Town of Cornwall and the principal building or use on the Lot. The purpose of this regulation is to assure that all lots with a principal building or use located in the Town of Cornwall shall have a convenient, safe, and suitable means of access and egress to the Town's system of public highways and streets.

.2 Minimum Requirements. All accessways shall meet the following minimum requirements:

a. Ownership. The accessway shall be a part of the lot (in fee simple ownership), or a right of way or easement or a common accessway meeting the requirements of Article VIII, Section 8.22.

b. Minimum Width. The minimum width of the accessway shall be as specified in Article IV, Minimum Lot and Dimensional Requirements for all Zones. The requirement for minimum width shall apply at all points along the accessway beginning at the street line.

c. Accessway and Lot Area. For any lot with an accessway which has a width of 50 feet or less at any point, the area of the accessway shall not be included as a part of the lot area.

d. Location and Design. Accessways shall be located and designed to accommodate a driveway meeting the requirements of these Regulations (Article X, Sec. 10.3). Lots in subdivisions shall also meet the requirements for Driveways and Accessways as set forth in Subdivision Regulations.

Except as otherwise provided in this Article, only one principal building or use is permitted on one lot.

The Commission may allow more than one permitted non-residential use to be conducted on a single lot in a GB Zone provided all such activities are conducted within a single structure or attached structures, as in a shopping center or office building, the lot and the buildings thereon remain in single ownership, and all other requirements for the zone are complied with.

Commercial junkyards are prohibited. The outdoor accumulation or storage of trash, rubbish, debris, building materials, inoperable motor vehicles, parts of motor vehicles or construction equipment in such a manner as to be generally visible from the street or adjoining property is prohibited in all zoning districts.

.1 Mobile home as a dwelling unit. A mobile home shall be considered as a single family dwelling unit and shall be a permitted use in all residential and commercial districts when it is attached to a permanent foundation. It shall be subject to the minimum lot size, floor area and other dimensional requirements applicable to a single-family dwelling.

a. A single mobile home or trailer may be placed temporarily on a lot during the construction of a permanent dwelling on the same lot, provided:

2. the Health Official has approved provisions for both water supply and sanitary sewage disposal on the lot

4. a one-year time limit is observed; the Commission may extend this limit by 90 days if construction is being duly prosecuted.

b. A mobile home or trailer may be used temporarily as an on-site office or shop for any non-residential construction for which a permit has been obtained. The time limit shall be one year or until construction is completed, whichever occurs earlier.

c. For a mobile home permitted on a temporary basis under either a. or b. above the Commission shall require the applicant to post a bond of $1,000 to ensure that the mobile home is removed from the lot when the house or other building is completed. The bond shall be forfeited if the mobile home is not removed from the premises within 90 days after a Certificate of Occupancy has been issued for the completed dwelling, unless the Commission grants an extension for cause.

Yard sales, garage sales, tag sales and the like are permitted by right, without a written permit, in any zone, provided there are no more than two on the same lot in any calendar year, and provided each sale lasts no longer than three consecutive days.

Tennis courts and like recreational facilities, swimming pools and their appurtenances, including, but not limited to decks, pumps, or bath houses, shall be subject to all the required setbacks of Article IV and require zoning permits.

.1 A non-profit organization or registered political party may by right, without a written zoning permit, hold a fair, sporting event, or any similar affair, on its own premises for a period not exceeding seven days, provided the profits are for civic, religious or philanthropic purposes.

.2 The Commission may issue a permit to any of the above organizations located within the Town of Cornwall to hold an event, as described and limited above, upon premises other than their own.

Applicants are urged to consider solar access in the layout of features on the site plan. Building locations and positioning should be such that south-facing walls are not shaded by buildings, topographic features, or trees on the same or adjoining lots. Buildings should not be located where they would cast shadows on the buildable part of an adjacent lot between the hours of 9 a.m. and 3 p.m. on December 21 of any year.

.1 Except for single-family dwellings, permitted accessory structures and uses on approved subdivision lots, an application for any permitted or special permit use, or any extension thereof, shall be accompanied by a site plan as prescribed in this Article. The Commission may require a Site Plan with an application for a single-family dwelling on any lot which is not part of an approved subdivision.

.2 The site plan shall be approved by the Commission before it issues a zoning permit or special permit.

A decision by the Commission on a site plan shall be rendered within 65 days after its receipt. The applicant may withdraw his site plan or may consent to one or more extensions, provided that the total period of any extension(s) shall not exceed two further 65-day periods.

The site plan is intended to provide the Commission with information that will enable it to determine that the proposed activity is in conformity with the specific provisions of these regulations. A site plan may be modified or denied only if it fails to comply with requirements already set forth in the regulations.

The Commission may require a performance bond in an amount and in a form satisfactory to the Commission to guarantee satisfactory completion of drainage facilities, erosion and sediment control measures, parking and access features, walkways, recreation facilities, buffer strips, and any site improvements other than buildings. The Zoning Commission may, as a condition of approval of any modified site plan, require a bond in an amount and with surety and conditions satisfactory to it, securing that any modifications of such site plan are made.

.1 The applicant shall provide an estimate of improvements to be bonded, together with a description of the basis for the estimate.

.2 Where a bond is required, no zoning permit or special permit shall be issued until the bond is received.

.3 The bond shall be held until its release is voted by the Commission. The Commission shall not release the bond until it has certified that all of the requirements of the permit have been met.

For any site plan approved on or after October 1, 1984, all work in connection with such site plan shall be completed within seven (7) years after the approval of the plan. The certificate of approval of such site plan shall state the date on which such seven-year period expires. Failure to complete all work within such seven-year period shall result in automatic expiration of the approval of such plan. "Work", for the purposes of this subsection, means all physical improvements required by the approved plan.

When a change is adopted in these Regulations or boundaries of zoning districts, no improvements or proposed improvements shown on a site plan for residential property which has been approved prior to the effective date of such change, either pursuant to an application for a special permit or otherwise by the Zoning Commission, and filed or recorded with the Town Clerk, shall be required to conform to such change.

.1 The site plan shall be accurately drawn at a scale not to exceed 1"=100' on sheets not to exceed 24"x36". Any site plan which proposes design or construction of facilities for storm drainage, an erosion and sediment control plan, or site plan improvements such as a new accessway, parking areas, etc., shall be prepared by a Connecticut registered land surveyor, engineer, architect and/or landscape architect.

c. property boundaries, dimensions, circle, longest diagonal and mean width calculation, area, zoning classification, and zoning setback lines.

e. a key map which clearly identifies the location of the property at a scale of not more than 1" = 2000'.

f. location and dimensions of all existing and proposed buildings, driveways, parking, loading and storage areas and drainage features. Location of fences and walls, natural and artificial water features, wetlands, and exposed ledge rock.

i. proposed landscaped areas, including trees and shrubs to remain or to be planted.

j. certification by the Health Official concerning satisfactory conditions for sewage disposal, consistent with the State Health Code.

k. where grading is required, existing and proposed contours at two-foot intervals based upon field survey, unless the Commission agrees that ground surface conditions can be adequately represented by contours with larger intervals or by spot indications of elevations. Sufficient information shall be required to show existing and post-construction surface drainage patterns clearly.

l. where there is a question concerning lot history, the Commission may require land record volume and page numbers for deeds to show property undivided since April 10, 1954.

m. the Commission may choose not to require one or more of the above items if it agrees that the information is not needed.

.1 A single-family dwelling that is not part of a subdivision shall be exempt from these soil and sediment regulations.

.2 Except as stated in section 7.1.1, when the cumulative area to be disturbed is greater than one-half acre, a soil erosion and sediment control plan shall be submitted for certification with any application for development.

.3 A lot in a subdivision shall be subject to the requirement for an erosion and sedimentation control plan both as part of the subdivision plan and as part of this application for a zoning permit.

.1 The applicant shall describe in mapped and narrative form the measures to be taken to control erosion and sedimentation both during and after construction. The plan and its specific measures shall be based upon the principles and the minimum standards of the Connecticut Guidelines for Erosion and Sediment Control (1985).

a. Mapped information as required below shall be shown separately or as part of the site plan and/or construction plan.

1. all major construction activities, indicating the anticipated start and completion of development

c. design criteria, construction details, detailed installation/application procedures and maintenance program for soil erosion and sediment control measures.

b. within the disturbed areas, topography contours at no less than two foot contour intervals based upon field survey

c. proposed site alterations, disturbed and cleared areas, except those filled or graded.

The Commission shall either certify that the soil erosion and sediment control plan complies with the requirements and objectives of this regulation, or deny certification when the development proposal does not comply with these regulations.

Nothing in these regulations shall be construed as extending the time limits for the approval of any application under Chapters 124, 125A or 126 of the General Statutes.

Prior to certification, any plan submitted to the Commission may be reviewed by the Litchfield County Soil and Water Conservation District, which may make recommendations concerning such plan, provided such review shall be completed within 30 days of the Commission's receipt of such plan.

Planned soil erosion and sediment control measures and facilities shall be installed as scheduled according to the certified plan. The Commission may require a performance bond or other acceptable assurance to guarantee completion of the proposed erosion and sediment control measures.

All control measures and facilities shall be maintained in effective condition to ensure the compliance of the certified plan.

Inspections by the Commission or its authorized agent during development shall ensure compliance with the certified plan and that control measures and facilities are properly performed, installed and maintained.

.1 Certification means approval by the Cornwall Planning and Zoning Commission that a soil erosion and sediment control plan complies with the applicable requirements of these Regulations.

.2 Disturbed area means an area where the ground cover is destroyed or removed leaving the land subject to accelerated erosion.

.3 Erosion means the detachment and movement of soil or rock fragments by water, wind, ice or gravity.

.4 Inspection means the periodic review of sediment and erosion control measures shown on the certified plan.

.5 Sediment means solid material, either mineral or organic, that is in suspension, is transported, or has been moved from its site of origin by erosion.

.6 Soil means any unconsolidated material or organic material of any origin.

.7 Soil Erosion and Sediment Control Plan means a scheme that minimizes soil erosion and sedimentation resulting from development and includes, but is not limited to, a map and narrative.

This Article sets forth the standards and procedures for Commission action on Special Permits uses.

Special Permit Uses as listed in Article III are considered special because they may prove to be incompatible with surrounding land uses unless established with special care and conditions.

The Commission must evaluate the impact of such uses upon neighboring uses and surrounding areas and reach a decision based upon the General Standards for all Special Permit uses and the Specific Requirements for the particular Special Permit use as set forth in this Article.

Applications for special permits may be obtained from the Town Offices. All applications for special permits shall be accompanied by a Site Plan, as prescribed in Article VI of these Regulations.

If an application for a Special Permit involves an activity regulated by the Cornwall Inland Wetlands and Watercourses Agency the applicant shall submit an application to the Inland Wetlands and Watercourses Agency no later than the day the application is filed with the Planning and Zoning Commission.

The Commission shall conduct a public hearing on any application for a Special Permit. Such hearing shall commence within 65 days after receipt the such application and shall be completed within 30 days. The Commission shall render a decision on the application and related site plan within 65 days of completion of the hearing. The applicant may withdraw the application or may consent to an extension of any period specified in this paragraph, provided such extension shall not be longer than the original period.

The procedural requirements for considering a Special Permit application shall be as set forth in the Connecticut General Statutes, including the requirement for a Public Hearing. In addition, the applicant shall send notice of the Public Hearing to all adjacent property owners of record, including those directly across the road from the frontage of the subject property. Notice shall identify the subject of the Special Permit application, the pertinent section(s) of the Zoning Regulations, and the date, time and place of the Public Hearing. Notification shall be by certified return request mail postmarked no later than the fourteenth day before the hearing (counting both hearing and mailing days). A list of persons notified, together with the return receipts from such mailings shall be presented to the Clerk or the Commission at or before the Public Hearing.

The Commission shall not render a decision on the application until the Inland Wetlands and Watercourses Agency has submitted a report with its final decision. In making its decision the Planning and Zoning Commission shall give due consideration to the report of the Inland Wetlands and Watercourses Agency.

Whether the Commission grants or denies a Special Permit it shall state the reasons for its decision upon its records.

Notice of the decision of the Commission shall be addressed by certified mail to the applicant, in writing, within 15 days after the decision. Notice of the decision shall be published within 15 days of the decision in a newspaper having a substantial circulation within the town.

A Special Permit may be granted subject to certain conditions. Failure to comply with the conditions of the Special Permit shall be grounds for revocation. (See Section 8.8.)

.1 The Commission may approve a Special Permit for specific uses listed in these regulations.

.2 For all Special Permit applications the Commission shall take into consideration the protection of public health, safety, welfare and property values.

.3 The proposed use and proposed buildings shall conform to the following standards:

a. All proposed structures, equipment or material shall be readily accessible for fire and police protection.

b. The character and intensity of the proposed use shall be in harmony with the appropriate and orderly development of the zone, neighborhood and Town, and shall not be detrimental to established properties in the neighborhood.

d. Vehicular traffic and pedestrian activity to and from and in the vicinity of the use will not be hazardous or detrimental to the traffic characteristics of the neighborhood.

e. The applicant shall demonstrate that the following are adequate for the proposed use:

2. proposed measures for the prevention of pollution of surface and ground water supplies.

3. proposed measures for control of runoff to protect against flooding, icing and erosion.

4. existing fire and police protection, transportation, water and sewer facilities, schools or other necessary public facilities.

f. The Commission may refuse to grant a Special Permit if it has reasonable cause to believe that the number and character of Special Permit uses in the vicinity is such that the granting of a new Special Permit is detrimental to the public health, safety and welfare.

.4 The Commission may prescribe appropriate conditions and safeguards to insure the accomplishment of the above general standards and objectives and any specific standards or requirements for individual Special Permit uses as set forth herein.

.5 Unless otherwise stated, Special Permit uses shall be conducted by the resident and members of the family only. Tenants are required to obtain the owner's written consent for the proposed use, and to submit this as part of the Special Permit application.

.6 A use involving the storage, use or disposal of hazardous materials shall be permitted only where the commission ha