ARTICLE II - GENERAL REGULATIONS
SECTION 200: APPLICABILITY
Except as provided to the contrary herein, no land, structure, or part thereof, shall be constructed, developed or used on any plot or parcel of land except as specifically permitted in these Regulations.
Where these Regulations are more strict or impose higher qualitative or quantitative standards than are required in any statute, bylaw, ordinance or regulation, the provisions of these Regulations shall govern. If the provisions of any statute, bylaw, ordinance or regulation are more strict or impose higher qualitative or quantitative standards than these Regulations, the provisions of such statute, bylaw, ordinance or regulation shall govern.
SECTION 210: INTERPRETATION OF REGULATIONS
210.1. INTERPRITATION OF TERMS:
Certain terms used herein shall be interpreted as follows:
-Words used in the present tense include the future tense.
-The singular includes the plural, and the plural the singular.
-The word “person” includes a partnership, corporation, or other entity.
-The word “Commission” means the Planning and Zoning Commission of the
Town of Goshen.
210.2. DEFINITIONS:
The definitions contained in this Section shall be used for the purpose of interpreting the various provisions of these regulations.
The Planning and Zoning Commission shall establish the appropriate definition for words not defined in this section or in case of uncertainty.
ACCESSORY: (ie: accessory apartment, dwelling unit, building, structure or use) customarily incidental and subordinate (both qualitatively and quantitatively) to a principal dwelling, building, structure or use located on the same lot.
BARN: An agricultural building used primarily for the purpose of sheltering any or all of the following: harvested crops, livestock, pigs and fowl; and agricultural implements including farm vehicles. No structure, any part of which is used in the operation of a kennel, shall be considered a barn.
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(210.2)
BASEMENT: That part of a building which is wholly or partially below ground level. (see also Floor Area and Story).
BERM: A mound of earth typically used as a landform design element or buffer.
BUFFER: Land area used to visibly separate one use from another or from a boundary line or to block noise, lights, or other nuisances, generally through the use of landscaping, structures, and/or vegetation.
BUILDABLE LAND: That land area within a lot that is not wetlands (unless the Goshen Inland Wetlands Commission has issued a permit allowing the use of the wetland for the erection of a structure, the location of a septic field, or the location of an on-site water supply facility), provided that within such an area an on-site sewage disposal system approved by Torrington Area Health District can be provided, and also that within such area (but not within the side or rear setback areas of the lot) an on-site water supply can be provided in accordance with applicable health codes.
BUILDING: A structure having a roof supported by columns or walls and intended for shelter, housing, or enclosure of any person, animal, or material of any kind (see Structure).
BUILDING HEIGHT: The vertical distance from the average finished ground level at the building walls to the highest point of the roof.
CALIPER: The diameter of a tree trunk, measured 6” above the ground.
CERTIFICATE OF OCCUPANCY: A document issued by the Building Official allowing the occupancy or use of a building and certifying that the structure or use has been constructed in compliance with applicable regulations and approvals.
CONSERVATION DEVELOPMENT: A residential subdivision concept whereby the houses on a site are grouped closely together to maximize open space, preserve farmlands and other natural resources and to allow for economies in development.
CONSTRUCTED: Any activity affecting a structure, including the reconstruction, erection, alteration, extension, moving, and enlarging thereof.
CONVENIENCE GOODS: Goods such as food, dairy, bakery, or drug products which may regularly be required in the day to day functions of a residential home.
CORNER LOT: A lot abutting two or more streets, whether intersecting or not. In determining setbacks, the property line on each street shall be deemed a front property line, and all other property lines shall be deemed side property lines.
II-2
(210.2)
COUNTRY CLUB: An establishment operated solely for recreational, social, benevolent or athletic purposes; such activities shall include but not be limited to the construction and operation of golf course facilities, tennis facilities, swimming pool facilities and restaurant facilities, the latter including the sale of alcoholic beverages provided a permit for the sale of the same is obtained from the appropriate agency or department of the State of Connecticut.
COUNTRY INN: An establishment within a building or group of buildings devoted to the preparation of food and beverage to be consumed on the premises, to transient lodging, and also to entertainment and recreational facilities which would be accessory to the above two purposes. A Country Inn use does not include condominium ownership
DAY CARE: The provision of a supplementary care program to people outside their homes on a regular basis.
DEVELOPMENT: Any man-made change to improved or unimproved real estate, including but not limited to construction of structures, dividing, dredging, filling, grading, paving, excavation or drilling operations.
DWELLING UNIT: A building or portion thereof designed and used primarily for residential occupancy by one family.
EARTH: Earth, sand, gravel, clay, quarry stone, and other earthen materials.
ELDERLY: Age 62 or older or, in the case of elderly occupancy, where at least one member of the immediate family is age 62 or older.
FAMILY: Individuals living and working together on the premises as a single housekeeping unit.
FARMING: Cultivation of soil for growing of crops; nurseries; dairy farming; and/or the raising, breeding, and keeping of livestock. Farming also includes the marketing of agricultural products grown or raised on the premises.
FLOOD HAZARD AREA: Land within the 100-year flood hazard areas as delineated by the Federal Emergency Management Agency (FEMA).
FLOOR AREA: The sum of the horizontal area of the several floors of the building measured from the outside, excluding basement floor areas, exterior porches and unfinished attics.
FRONT LOT: A lot which abuts and fronts on a street and which meets the lot width requirement of the zone.
FRONT YARD: The area between the street which the frontage of the lot lies, and a line running parallel to the street that intersects a part of any building that is closest to the street. In the case of new construction, that parallel line will also be the setback line as required in these Regulations.
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(210.2)
FRONTAGE: The front boundary of a lot on a street.
IMPERVIOUS SURFACE: A surface that significantly changes the water absorption rate, including areas for parking, building roads, sidewalks, driveways and all areas covered with concrete or asphalt.
KENNEL: A commercial establishment in which more than three dogs over the age of six months are housed, groomed, bred, boarded, trained, or sold.
LANDSCAPED AREA: An open area, landscaped area, or naturally vegetated area maintained with natural or artificial ground cover, lawn, trees, shrubs, or other plantings.
LIVESTOCK: Shall include animals such as horses, cows, goats, and sheep but shall not include fowl or pigs.
LIVING AREA: That portion of the total floor area of a residential dwelling unit which has ceilings, walls, and floors finished in a manner which is clearly intended for human occupancy, and which conforms to the Building Code.
LOGO: A simple graphic presentation which may include numbers or letters used to identify a business.
LOT: A plot or parcel of land occupied, or capable of being occupied, in conformity with these Regulations by one principal building and accessory buildings or uses customarily incident to it.
LOT AREA: The total area within the boundary lines of a lot.
LOT COVERAGE: That percentage of the lot area that is covered by all structures and impervious surfaces.
LOT WIDTH: The distance between the side boundary lines measured along the front setback requirement.
MAINTENANCE SHED: A free standing permanent accessory building not exceeding 150 square feet in total floor area, used for the storage or location of tools, materials, and equipment associated with the maintenance of the premises, including all structures and ground areas.
NON-CONFORMING: (ie: non-conforming use, building or structure) Not conforming to the applicable requirements or provisions of these Regulations.
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(210.2)
NURSERY: An agricultural operation where the primary use is the growing of flowers, plants, shrubs, or trees outdoors for commercial gain and which may include sale of such products and related garden merchandise as an accessory use to the agricultural operation.
ORDINARY HIGH WATER MARK: The points on the bank or shore of a water body or watercourse up to which the presence and action of surface water is so continuous as to leave a distinctive mark such as by erosion, destruction or prevention of terrestrial vegetation, or by the predominance of aquatic vegetation or similar easily recognizable water-related characteristics. The boundary of a water body or watercourse as established by the Goshen Inland Wetlands and Watercourses Commission is considered to be the Ordinary High Water Mark, unless the applicant can establish through expert evidence (as by a botanist) that the Commission’s boundary line is not the same as that defined in this regulation.
PERSONAL SERVICE: Shops such as barbershops, beauty salons, tailoring establishments, shoe repair shops and other similar operations which provide services of a personal, domestic nature. Day care is not included in this definition.
PREMISES: All land comprising a lot and including all buildings, structures and uses located on the lot.
PROFESSIONAL OFFICE: The office of an accredited professional such as a doctor, dentist, lawyer, architect, engineer, and similar professions or recognized professional artist, musician, designer, realtor, teacher, or other similar professions that, with or without staff, are qualified to perform services of a professional nature.
REAR LOT: A residentially zoned lot which does not meet the frontage requirement of the zone and which is approved for building purposes under Section 270 herein.
RECREATIONAL VEHICLE: A vehicle which can be towed, hauled or driven and is designed primarily for recreational use or as temporary living accommodations for recreational, camping or travel use.
RESTAURANT: An establishment where food and beverages are served by waiters and waitresses only at tables or sit-down counters within a building.
SETBACK: The minimum distance that a structure may be situated from a lot boundary, this distance forming a buffer area inside the perimeter of the lot.
SIGN: Any natural or artificial structure, object, device, light, or display which is used to advertise, identify, or attract attention to any object, product, institution, organization, business, service, or location by any means, including, but not limited to letter, number, banner, flag, insignia, device, designs, symbols, fixtures, colors, illumination, or logo, which is situated so that it can be seen from a street. The word sign includes logo. The word “sign” includes the word “billboard”, but does not include the flag, pennant or insignia or any nation, state, city, or other political unit, or of any political, educational, charitable, philanthropic, civic, professional, religious, or like campaign, drive, movement
or event. II-5(210.2)
SIGN AREA: The entire area of a sign within a single continuous perimeter enclosing the extreme limits of the actual sign surface. For a sign having two faces placed back to back and no more than 2 feet apart, the area shall be taken as the area of either face; if the faces are unequal, the larger on shall determine the area. For any other configuration of sign having two or more faces, the area shall be the sum of all its faces.
STORY: That portion of a building that is between the surface of a floor and the surface of the next floor above or, in its absence, the next ceiling above. A basement shall be counted as a story if the ceiling is more than 5 feet above the level from which the building height is measured or if it is used for housing for residential purposes.
STREET: Any right-of-way used for public travel.
STREET LINE: The right-of-way line of any public or private street at the lot boundary. For the purpose of Section 630, Street Line shall be defined as the visible edge of the roadway.
STRUCTURE: Anything constructed or erected which requires location on the ground or attachment to something having location on the ground, excluding septic systems, fence and stone walls.
WATERCOURSE: Rivers, streams, brooks, waterways, lakes, ponds, marshes, swamps, bogs, and all other water (natural or artificial) which are contained within, flow through, or border upon the Town of Goshen or any portion thereof.
WETLAND: Land, including submerged land, which consists of any of the soil types designated as poorly drained, very poorly drained, alluvial, or flood plain by the U.S. Department of Agriculture Soil Conservation Service.
ZONE: An area of land set aside on the Zoning Map having separate requirements as established by these Regulations.
SECTION 220: ESTABLISHMENT OF ZONES:
In keeping with the character and type of development in a predominantly rural, residential community with a small number of existing business and service establishments serving the needs of local residents, the Town is hereby divided into the following zones:
Woodridge Lake WL
Residential-Agricultural 1 RA-1
Residential-Agricultural 2 RA-2
Residential-Agricultural 5 RA-5
Town Center Business CB
Rural Recreational RR
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(220)
The boundaries between zones are hereby established as shown on the map entitled “Zoning Map of Goshen”, dated August 29, 1988, which accompanies these regulations and is on file in the office of the Town Clerk. Said map and all explanatory matter thereon are hereby adopted and made a part of these Regulations.
Where a zone boundary line divides a parcel of land under single ownership of record, the Regulations specified herein for each zone shall apply only to those portions of the parcel within such zone.
SECTION 230: Not Used
SECTION 240: NON-CONFORMING LOTS, STRUCTURES AND USES:
240.1 GENERAL
The term non-conforming is defined as any use, building, structure or lot which does not conform to the applicable requirement or provisions of these Regulations (see Section 210.2). Non-conforming lots, buildings, structures, and uses may exist individually or in combinations and it is therefore necessary to define and establish requirements related to each.
Nothing in these Regulations shall require any changes in the plans, construction or designated use of any building for which a building permit has been issued, and for which, in addition to pouring of concrete, construction has been diligently pursued prior to the adoption of these Regulations.
Any non-conforming use of buildings or land lawfully existing at the time of adoption of these Regulations or any amendments hereto, may be continued.
240.2 NON-CONFORMING LOTS
A lot may be non-conforming for any one of a number of reasons. For example, a non-conforming lot may have an area which is less than required or it may have less than the required frontage or setbacks.
240.2a. Building and Use on a Non-conforming Lot
Where safe and adequate disposal of sewage and a safe water supply, as required by public Health Code, can be provided without endangering the health and safety of the Town and its residents, nothing in these Regulations shall prevent the construction of a conforming building or the establishment of a conforming use on a lot containing less than the prescribed lot area or frontage or setbacks which as the time of the adoption hereof or any pertinent prohibiting amendment hereto was:
- Owned separately from any adjoining lot and filed in the Office of the Town Clerk of the Town of Goshen, or
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(240.2)
- Shown on a plan of subdivision approved by the Commission and filed in the Office of the Town Clerk of the Town of Goshen.
Where two or more non-conforming adjoining lots of record except those in the Woodridge Lake Sewer District were in the same ownership on August 31, 1985, then such lots shall be combined to meet the lot area or frontage requirements stated herein.
240.3 NON-CONFORMING BUILDINGS AND STRUCTURES
A non-conforming building or structure is one which does not meet one or more of the dimension requirements for a building or structure, such as the requirements for building location on a lot, building or structure height or building coverage on a lot.
240.3a. Reconstruction of Non-conforming Buildings and Structures
Non-conforming buildings and structures which where damaged or destroyed by fire, explosion or accident may be repaired, rebuilt or replaced within 18 months of such damage, provided that such repairs, rebuilding or replacement has been initiated and diligently pursued, and does not extend or expand the previously existing part(s) of the non-conforming building, except as may be provided under Section 240.5e below.
240.3b. Variance for Building Setback Requirement
When a part of a non-conforming building does not meet the setback requirement, any additions to the building shall have the required setback, except that the Zoning Board of Appeals may approve a variance in setback requirements pursuant to Section 723 herein, provided that it does not involve a change in permitted use and only where such variance will not have a detrimental effect on adjoining property.
240.4 NON-CONFORMING USE:
A non-conforming use is a use of a lot, building, or structure which has legally existed since before the adoption of these Regulations or any relevant amendment thereto and that does not meet the use requirements for the zone in which the use, building, structure or lot exists. A non-conforming use may be a non-conforming use of land only, or a non-conforming use of a building, structure and land in any combination.
240.4a. General:
Once a non-conforming situation, or any portion thereof, has been changed so that it conforms to these Regulations, that situation or portion thereof shall not revert to or again become, non-conforming.
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(240.4)
240.4b. Change of Non-conforming Use of Land, Building, or Structure:
A proposed change to a non-conforming use, other than a change which satisfies the definition of a Routes 4 and 63 Business Use as set forth in Section 240.5 of these Regulations, may be approved by the Commission by a Special Permit issued in accordance with the requirements of this section and Article V of these Regulations.
In determining whether a proposed activity represents a change in non-conforming use, consideration shall be given to three factors: (1) extent to which the new use reflects the nature and purpose of the original non-conforming use; (2) any difference in the character, nature and kind of use involved; and (3) any substantial difference in effect upon the neighborhood resulting from the proposed changes.
Where the Commission determines a change of non-conforming use is proposed, the Commission may approve the Special Permit application for change of use where it finds that the proposed non-conforming use will not have an impact on the zone, the neighborhood and surrounding properties greater than the impact of the current non-conforming use.
In reaching it’s determination, the Commission shall consider but not be limited to the following factors: Changes in traffic (both type and volume), the number of uses permitted, lighting, parking, external alterations to the building and lot, and the impact the proposed change will have on noise, and air and water quality.
The Commission may attach appropriate conditions and safeguards to the approval where such conditions are determined necessary to ensure that the proposed non-conforming use will meet the requirements of this section.
Where the application involves site or exterior building improvements, the Commission may require the applicant to submit a Site plan prepared in accordance with the requirements of Article IV.
Off street parking shall be provided to meet the requirements of these Regulations for the proposed change of use.
240.4c. Expansion of a Non-conforming Use of a Land, Building, or Structure:
A proposed expansion to a non-conforming use, other than an expansion which satisfies the definition of a Routes 4 and 63 Business Use as set forth in Section 240.5 of these Regulations, may be approved by the Commission by a Special Permit issued in accordance with the requirements of this section and Article V of these Regulations.
A non-conforming use of a building or structure may be expanded by up to 50% of the floor area that was devoted to such use as of August 28, 1988.
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(240.4)
A non-conforming use of land that does not involve any building or structure may be expanded by up to 50% of the land area that was devoted to such use as of August 28, 1988.
A non-conforming use(s) of land and structure(s) in combination may be expanded by up to 50% of the combined land area and floor area that was devoted to such use(s) as of August 28, 1988; provided, however, that no such expansion shall result in either
(I) an expansion of floor area in excess of 50% of the floor area devoted to such use(s) as of August 28, 1988, or (ii) an expansion of land area in excess of 50% of the land area devoted to such use(s) as of August 28, 1988.
In deciding on an application for expansion of a non-conforming use the Commission shall assess:
- the character, nature, and kind of use as it affects the zone, neighborhood and surrounding properties,
- the suitability of the site to accommodate the proposed expansion, and
- the impact of the expansion on the surrounding neighborhood.
In reaching it’s determination, the Commission shall consider but not be limited to the following factors: changes in traffic (both type and volume), lighting, parking, external alterations and additions to the building and lot, and the impact the proposed expansion will have on noise, and air and water quality.
The Commission may attach appropriate conditions and safeguards to the approval such conditions are determined necessary to ensure that the proposed expansion will meet the requirements of this section.
Where the application involves site or exterior building additions or improvements, the Commission may require the applicant to submit a Site Plan prepared in accordance with the requirements of Article IV.
Off street parking shall be provided to meet the requirements of these Regulations for the proposed expansion use.
240.5: EXPANSION OF AND CHANGES TO NON-CONFORMING USES OF LAND OR BUILDINGS
a. The intent of this Section is to provide the opportunity, particularly on State Highways 4 and 63, for continuation and limited expansion of existing business uses in their present locations; and in addition to provide the opportunity for business uses to change to other business uses permitted in this Section provided that certain requirements as prescribed herein are met. It is intended that improvements to such uses are to be allowed in a manner that will contribute to the economy and vitality of the Town of Goshen while protecting its environment and neighborhoods.
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(240.5)
Special Permit requirements are established and designed to permit expansions of business uses and changes to other business uses, on sites located outside the Town Center Business Zone in those cases where they will not harm the Town’s environmental resources and will maintain or improve the relationship between such uses and surrounding residential uses.
b. No non-conforming use of land, building or structure may be expanded or changed except to a use conforming in all respects to these Regulations, unless the Commission approves a Special Permit for Business Use Expansion in a Residential Zone, or a Special Permit for Business Use Change in Residential Zone.
c. A Special Permit shall not be approved for this purpose unless all requirements of Section 600 herein (Protection of Surface and Ground Water) are satisfied.
d. Expansion of Use: A non-conforming business use in a residential zone may upon the issuance of a Special Permit for Business Use Expansion in a Residential Zone, be expanded by up to 50% of the floor or land area that is devoted to such use on the date of its registration with the Commission or, if a permit for expansion has been issued for the property subsequent to January 20, 1987, the 50% expansion shall be calculated based on the floor or land area that was devoted to the business use immediately prior to the issuance of such permit.
e. Change in Use: A Special Permit for Business Use Change in a Residential Zone may be approved by the Commission if (1) there was no owner occupied residence on the property, or if there was, that a business use existed prior to January 20, 1987, which was conducted solely within a free standing structure separate from the principal residence on the property, and which structure was used exclusively for the business use existing prior to January 20, 1987; and (2) the proposed use is one permitted in the Town Center Business Zone (CB); and (3) the Commission finds that a change from a business use in a residential zone to such other business use will, if established, neither result in increased traffic nor have an adverse effect or impact upon the existing or probable
future character of the neighborhood or its property values. If the lot has frontage on a State highway, it is hereby found and established that due to the nature of the traffic and the character of areas bordering State highways, the proposed new business use will be located on a street that will be able to accommodate increased traffic; and that, except in special circumstances, there will be no adverse effects or impact upon the existing or probable future character of the neighborhood or its property values.
f. A single application can be made for a combined Special Permit for Business Use Change and Expansion in a Residential Zone, which shall be granted by the Commission if all the requirements of Sections 240.5b through 240.5h inclusive are met.
g. The Commission shall provide an Existing Use Registration Form which shall require information on the type of use, describe its operations, specify the floor area or lot area devoted to the existing use, and such other information that the Commission may determine necessary. For the purpose of this Regulation and the Existing Use Registration Form, the floor area associated with an existing use shall be defined as the area actually devoted to such use at the time of registration and other floor area which is clearly designed or arranged for such use.
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(240.5)
Registration is effective upon submission to the Commission of a completed Existing Use Registration Form prior to July 1, 1989, and later acceptance by the Commission. In the event that no Existing Use Registration Form was submitted to and accepted by the Commission, the burden of proof of pre-existing business use shall be upon the applicant requesting future expansion or change of use.
Registration shall not be required for uses which are primarily residential in nature (ie: home occupations) if they are in full conformance with these Regulations.
h. All provisions of ARTICLE V, Special Permit Requirements, shall apply except for Section 521 (d).
240.6: TERMINATION
Except as provided for in Section 240.3(a) above, no non-conforming use, building or structure or use shall be resumed or restored if:
a. Such use, building or structure has not existed for a period of eighteen months from the date of cessation or from the effective date the pertinent prohibiting regulation whichever is later, or
b. It is abandoned.
SECTION 250: ANTENNAS, TOWERS AND WIRELESS FACILITIES:
250.1: STATEMENT OF PURPOSE
This regulation establishes standards, requirements and permitting procedures for antennas, towers, and wireless communication facilities that are subject to local zoning regulation in Connecticut. It’s purpose is to regulate the placement of antennas, towers, and wireless communication facilities in order to:
- preserve the character and appearance of the Town of Goshen while allowing adequate telecommunication services to be developed,
- protect the scenic, historic, environmental, and natural or man-made resources of Goshen,
- protect property values, and the health, safety and welfare of the Town,
- minimize the total number and height of towers throughout Goshen,
- require the sharing of existing towers where possible,
- provide for facility locations consistent with the Town Plan and the purposes of these regulations,
- minimize adverse visual effects through proper design, siting and screening,
- avoid potential damage to adjacent properties,
- provide for orderly removal of abandoned facilities.
These Regulations are intended to be consistent with “The Telecommunications Act of 1996” in that a) they do not prohibit, or have the effect of prohibiting, the provision of Personal Wireless Services, b) they are not intended to be used to unreasonably discriminate among providers of functionally equivalent services, and c) they do not regulate Personal Wireless Services on the basis of the environmental effects of radio frequency emissions to the extent that the regulated services and facilities comply with the FCC’s regulations concerning such emissions.
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250.2: DEFINITIONS:
When used in the Section, the following words or phrases shall be defined as follows:
ADEQUATE CAPACITY: Capacity is considered to be “adequate” if the Grade of Service (GOS) is p.05 or better for median traffic levels offered during the typical busy hour, as assessed by direct measurement of the Personal Wireless Facility in question. The GOS shall be determined by the use of standard Erlang B Calculations. As call blocking may occur in either the land line or radio portions of a wireless network, Adequate capacity for this regulation shall apply only to the capacity of the radio components. Where capacity must be determined prior to the installation of the Personal Wireless Service Facility in question, Adequate Capacity shall be determined on the basis of a 20% busy hour (20% of all offered traffic occurring within the busiest hour of the day), with total daily
traffic based on aggregate estimates of the expected traffic in the Coverage Area.
ADEQUATE COVERAGE: Coverage is considered to be “adequate” within that area surrounding a base station where the predicted or measured median field strength of the transmitted signal is such that the majority of the time, transceivers properly installed and operated will be able to communicate with the base station. In the case of cellular communications in a rural area like Goshen, this would be a signal strength of at least -90dBm, as long as the signal regains its strength to greater than -90dBm further away from the Base Station. The outer boundary of the area of Adequate Coverage is that location past which the signal does not regain strength of greater than -90dBm.
ANTENNA: The electrically active elements by which wireless electronic signals are sent and received by a wireless service facility.
ANTENNA STRUCTURE HEIGHT: The vertical distance measured from the base of the antenna support structure including the electrically active elements at grade to the highest point of the structure. If the support structure is on a sloped grade, the average between the highest and lowest grades shall be to calculate height.
CAMOUFLAGED OR STEALTH FACILITY: A wireless communication facility that is disguised, hidden, part of an existing or proposed structure, or placed within an existing or proposed structure.
CARRIER: A company that provides wireless services.
CO-LOCATION: The use of a single antenna structure on the ground by more than one carrier (vertical co-location) and/or several mounts on an existing building or structure by more than on carrier.
COMMISSION: The Planning and Zoning Commission of the Town of Goshen.
ELEVATION: The elevation at grade or ground level shall be given in Above Mean Sea Level (AMSL). The height of a wireless service facility shall be given in Above Ground Level (AGL). AGL is a measurement of height from the natural grade of a site to the highest point of a structure. The total elevation of the wireless service facility is AGL plus AMSL.
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(250.2)
ENVIRONMENTAL ASSESSMENT (EA): An EA is the document required by the Federal Communications Commission (FCC) and the National Environmental Policy Act (NEPA) when a wireless communication facility is placed in certain designated areas.
EQUIPMENT SHELTER: An enclosed structure, cabinet, shed or box at the base of the mount within which are housed batteries and electrical equipment necessary for the operation of the communication facility.
FALL ZONE: The area on the ground within a prescribed radius from the base of a wireless communication facility. The fall zone is the area within which there is a potential hazard from falling debris (such as ice) or collapsing material.
GUYED TOWER: A monopole or lattice tower that is tied to the ground or other surface by diagonal cables.
LATTICE TOWER: A type of mount that is self-supporting with multiple legs and cross-bracing of structural steel.
LICENSED CARRIER: A company authorized by the FCC to construct and operate a wireless communication facility.
MONOPOLE TOWER: The type of mount that is self-supporting with a single shaft of wood, steel, or concrete and a platform (or racks) for panel antennas arrayed at the top.
MOUNT: The structure or surface upon which antennas are mounted, including the following four types of mounts:
1. Roof-mounted - Mounted on the roof of a building.
2. Side-mounted - Mounted on the side of a building.
3. Ground-mounted - Mounted on the ground.
4. Structure-mounted - Mounted on a structure other than a building.
OMNIDIRECTIONAL (WHIP) ANTENNA: A thin rod that transmits and receives a signal in all directions.
PANEL ANTENNA: A flat surface antenna usually developed in multiples.
PROPAGATION STUDIES OR COVERAGE PLOTS: Computer generated estimates of the signal emanating, and prediction of coverage, from antennas or repeaters sited on a specific tower or structure. The height above ground, power input and output, frequency output, type of antenna, antenna gain, topography of the site and its surroundings are all taken into account to create these simulations. They are the primary tool for determining whether a site will provide adequate coverage for the telecommunication facility proposed for the site.
RADIOFREQUENCY (RF) ENGINEER: An engineer specializing in electrical or microwave engineering, especially the study of radiofrequencies. (NOTE: When RF Engineers are certified or licensed, they are known as Professional Engineers).
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(250.2)
RADIOFREQUENCY RADIATION (RFR): The emissions from wireless communication facilities.
REGULATED FACILITY, SERVICE AND/OR SITE: All facilities including mounts, towers and antennas and the site(s) these facilities are located on relating to personal communication services and any other wireless telecommunication service subject to local zoning regulation.
REPEATER: A small receiver/relay transmitter if not more than 20 watts output designed to provide service to areas which are not able to receive adequate coverage directly from a base station.
SECURITY BARRIER: A locked, impenetrable wall, fence or berm that completely seals an area from unauthorized entry or trespass.
SEPARATION: The distance between one carrier’s array of antennas and another carrier’s array.
TOWER: A structure that is intended to support equipment used to transmit and/or receive telecommunications signals. Examples include monopoles and lattice construction steel structures.
WIRELESS COMMUNICATION FACILITIES: The equipment and structures used to receive or transmit telecommunications or radio signals and to transmit signals to another wireless site, another communications source or receiver, or to a central switching computer.
250.3 USE REGULATIONS:
250.3.1 - Exemptions:
The following shall be exempt from this regulation:
a: Repair and maintenance of towers and antennas.
b: Antenna used solely for residential television and radio reception.
c: Satellite antenna measuring 2 meters or less in diameter and located in commercial districts, and satellite antenna measuring 1 meter or less in diameter regardless of location (NOTE: This requirement is established pursuant to an FCC ruling preempting local regulation of satellite antennas).
250.3.2 Regulated Facilities Allowed as a Permitted Use:
In addition to the requirements set forth in Section 250.7.3 of this regulation, the following regulated facilities located on existing structures or co-located shall be permitted uses in all districts subject to site plan approval pursuant to the provisions of Article VI of these regulations as well as compliance with all of the regulations for the zoning district in which the facility is proposed to be located.
250.3.2a: Camouflaged Facility:
A regulated facility which is completely camouflaged and not recognizable as part of a wireless facility such as within a flagpole, steeple, chimney, or similar structure.
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(250.3.2)
250.3.2b: Existing Structure:
A regulated facility on an existing structure (whether or not it is conforming in terms of height) including but not limited to a guyed, lattice or monopole tower, fire tower, or water tower, provided it does not increase the height of the existing structure.
250.3.2c: Utility Structures:
An antenna(s) located on an electric transmission and distribution tower, telephone pole and similar existing utility structure. The installation may increase the height of the existing structure by no more than twenty feet, except within 150 feet of the paved portion of a Town road or State highway proposed for or designated as a scenic road or highway.
250.3.2d: Building (roof or side) mounts:
Provided it does not project either above the building or the height limit of the zoning district by more than 10 feet.
250.3.2e: Building (roof or side) mounts:
May locate on a building or structure legally non-conforming with respect to height, provided it does not project above the existing building or structure height, or more than 10 feet above the height limit of the zoning district.
250.3.2f: Police and Emergency Services:
A regulated facility intended solely for the purpose of Police, Fire, Ambulance and other Emergency Dispatch. A Tower may be erected as a Permitted Use for these purposes unless it is to be shared, now or in the future, by a commercial wireless service carrier which shall require a Special Permit.
250.3.3: Regulated Facilities Allowed as a Special Permit Use:
The following regulated facilities and ground mounted towers shall be Special Permit Uses in all residential districts subject to Site Plan approval:
250.3.3a: Regulated facilities
located on existing structures or co-located that do not qualify as a Permitted Use as set forth in 3.2 above.
250.3.3b: All Ground Mounted Towers.
250.4: GENERAL STANDARDS AND REQUIREMENTS FOR PERMITTED AND SPECIAL PERMIT USES
250.4.1: Location:
Wherever feasible, regulated facilities shall be located on existing structures, including but not limited to, buildings, water towers, existing telecommunications facilities, utility poles and towers provided the installation preserves the character and integrity of those structures.
250.4.1a. Applicants shall consider use of existing telephone, cable, or electric utility structures as sites for regulated facilities.
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(250.4.1)
250.4.1b: The preferred location for free standing towers is where the existing topography, vegetation, buildings, or other structures provide the greatest amount of screening and have the least long range visual effect. Town owned land or buildings are preferred locations where the Town has determined that such town owned land or building is appropriate for a tower or antenna. Unless adequate coverage and adequate capacity cannot otherwise be achieved, towers shall be sited off ridgelines and in as low a population density area as is possible.
The following areas of special concern, and their viewsheds, are the least preferred locations for free standing towers: Goshen Town Center, areas identified as existing or proposed Open Space or preservation areas in the Town Plan and the Goshen Open Space Plan and the area within the Woodridge Lake (WL) zone and the Town Center Business Zoning (CB).
250.4.2: Site Justification for Ground Mounted Tower:
An application for a ground mounted tower shall include a detailed site justification report, prepared according to accepted engineering practice, which:
a. Establishes the location and defines the elevation of all proposed antenna facilities on the tower consistent with federal regulations,
b. Demonstrates that the proposed location (which includes both tower position and antenna height) is superior to other potential locations for the proposed uses. Alternatives evaluated shall specifically include tower(s) of lesser height, the use of repeaters, and other less visible technologies,
c. Documents that signal strength service objectives are consistent with accepted engineering practice for all proposed uses of the tower,
d. Includes complete and accurate propagation plots in relation to scaled elevation drawings addressing all facilities to be installed on the tower,
e. Demonstrates that for each proposed use of the tower the proposed height is the minimum necessary to provide adequate coverage. This shall specifically include, but not be limited to, an evaluation of tower height at 50% and 75% of the proposed height,
f: Documents in writing that existing telecommunication facility sites in Goshen, and in abutting towns, cannot reasonably be made to provide adequate coverage and/or adequate capacity to the Town of Goshen. This shall include documentation that addresses the feasibility of repeaters in conjunction with facility sites in Goshen and abutting towns to provide adequate coverage and/or adequate capacity to the Town of Goshen.
250.5: VISIBILITY, CAMOUFLAGE AND COLOR
The Commission shall apply the following standards and requirements to minimize the visual impact of proposed regulated facilities:
250.5.1: Requirements for Existing Buildings or Structures:
a. Roof Mount: Where a roof mount extends above the roof the applicant shall demonstrate every effort has been made to conceal the mount within or behind existing architectural features to limit visibility from public streets.
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(250.5.1)
b. Side Mount: Side mounts shall blend with the existing architecture and, if over 5 square feet, shall be painted or shielded with material consistent with the design features and materials of the building.
c. Mounts and antennas located on an historic structure shall be fully removable without diminishing the historic quality of the structure.
d. Regulated facilities in an historic district shall be concealed within or behind existing architectural features, or shall be located so that they are not visible from public roads and viewing areas within the district.
250.5.2: Requirements for Proposed Ground Mounted Towers:
Proposed ground-mounted towers shall provide a vegetated buffer of sufficient height and a depth of not less than 50’ to screen the facility to the extent feasible. Trees and vegetation may be existing on the subject property or installed as part of the proposed facility or a combination of both. Where it is not feasible to fully buffer a facility, the applicant shall submit a landscape plan prepared be a Connecticut Licensed Landscape Architect. The landscape plan shall recommend the type of tree and plant materials and depth of buffer appropriate to the site, design, height, and location of the facility. The Commission may require reasonable modifications to the landscape plan where it determines such are necessary to minimize the visual impact of the facility on the neighborhood and
community character. All landscaping shall be properly maintained to ensure its good health and viability at the expense of the owner(s). The Commission reserves the right to require stealth or camouflage designs such as towers made to resemble trees or other structures.
250.5.3: Scenic Roads and Areas:
250.5.3a: The Commission may approve a ground mounted tower located in an open area visible from a public road, recreational area, or residential development only where it has been demonstrated by the applicant to the satisfaction of the Commission that the proposed service cannot be reasonably provided in a location on an existing structure or co-location.
250.5.3b: A regulated facility located within an area identified for protection according to the Town Plan of Conservation and Development, Goshen Open Space Plan, State Plan of Conservation and Development, or within 300 feet of a Town or State designated scenic road, shall not exceed the height of vegetation at the proposed location.
250.5.3c: Sight Line and Elevation Information: Where the Commission determines that sight line and/or elevation information is necessary to determine compliance with these regulations, it shall require the following:
250.5.3c.1: Tree cover on the subject property and adjacent properties within 300 feet, by dominant species and average height, as measured in the field or as otherwise by or available from a verifiable source.
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(250.5.3)
250.5.3c.2: Sight Line Representation: A sight line representation shall be drawn from any public road within 300 feet and the closest facade of each residential building (viewpoint) within 300 feet to the highest point (visible point) of the regulated facility. Each sight line shall be depicted in profile, drawn at one-inch equals 40 feet. The profiles shall show all intervening trees and buildings. In the event there is only one (or more) residential building within 300 feet there shall be at least two sight lines from the closest habitable structures or public roads, if any.
250.5.3c.3: Existing (before) condition photographs: Each sight line shall be illustrated by one four-inch by six-inch color photograph of what can currently be seen from any public road within 300 feet. These photographs shall be taken when deciduous leaves are off the trees.
250.5.3c.4: Proposed (after) condition photographs: Each of the existing condition photographs shall have the proposed regulated facility superimposed on it to show what will be seen from public roads if the proposed facility is built.
250.5.3c.5: Sight Elevations: Siting elevations, or views at-grade, from the north, south, east, and west for a 50 foot radius around the proposed regulated facility plus from all existing public and private roads that serve the subject property. Elevations shall be at either one-quarter inch equals one foot or one-eighth inch equals one foot scale and show the following:
Antennas, mounts and equipment shelter(s), with total
elevation dimensions and AGL of the highest point,
Security Barrier: If the security barrier will block views of the regulated facility, the barrier drawing shall be cut away to show the view behind the barrier,
Any and all structures on the subject property,
Existing trees and shrubs at current height and proposed trees and shrubs at proposed height at time of installation, with approximate elevations dimensioned,
Grade changes, or cuts and fills, to be shown as original grade and new grade line, with two-foot contours above mean sea level.
250.5.4: Environmental and Safety Standards:
a: Regulated facilities shall not be located in wetlands. Locating of facilities in wetland buffer areas shall be avoided whenever possible and disturbance to wetland buffer areas shall be minimized.
b. No hazardous waste shall be discharged on the site of any Regulated Facility. If any hazardous materials are to be used on site, there shall be provisions for full containment of such materials. An enclosed containment area shall be provided with a sealed floor, designed to contain at least 110% of the volume of the hazardous materials stored or used on the site.
c. There shall be no net increase in the rate of stormwater run-off as a result of the tower, driveway and associated structures.
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(250.5.4)
d. Equipment for regulated service facilities shall not generate noise in excess of that allowed under the regulations of the Torrington Area Health District.
e. No signal lights or illumination shall be permitted unless required by the FCC or FAA, except for manually operated emergency lights for use only when operating personnel are on site.
f. Radiofrequency Radiation (RFR) Standards and Requirements: The applicant shall provide documentation that all equipment proposed for a regulated facility is authorized according to FCC Guidelines for Evaluating the Environmental Effects of Radiofrequency Radiation (FCC Guidelines) or its successor publication.
250.6: ADDITIONAL STANDARDS AND REQUIREMENTS FOR GROUND MOUNTED TOWER SPECIAL EXCEPTION USES:
250.6.1: Feasible Alternative:
Where a ground mounted tower is proposed, the applicant shall have the burden of proving that there are no feasible existing structures or co-location sites upon which to locate.
250.6.2: Lot Size:
All ground mounted towers and their equipment shelters shall be located on a lot that complies with all of the requirements of the zoning district in which the facility is to be located except that the height of the tower may exceed the maximum height dimension specified in Article III of the zoning regulations.
250.6.3: Fall Zone:
In order to ensure public safety, the minimum distance from the base of any new proposed ground mounted tower to any property line, road, habitable dwelling, business, or institutional use, or public recreational area shall be equal to 110% of the height of the tower including any antennas or other appurtenances. Provision shall be made that no new road, habitable dwelling, business or institutional use, or public recreational area be located within the fall zone. The Commission may allow the required fall zone to be measured into a neighboring property where the necessary portion of the neighboring property is not developed and will be subject to a legally binding agreement preventing development during the time the tower is in place.
250.7: APPLICATION FILING REQUIREMENTS:
The following shall be included with an application for a Special Permit or Site Plan Application for all regulated facilities. The Commission may choose to not require one or more of the following for a Permitted Use Site Plan application.
250.7.1: General Filing Requirements:
a. Name, address and telephone number of applicant, co-applicants, and any agents for the applicant or co-applicants.
b. Co-applicants shall include the landowner of the subject property, and any licensed carriers and tenants for the Regulated Facility.
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(250.7.1)
c. A licensed carrier shall either be an applicant or a co-applicant and shall provide documentation of qualifications as a “licensed carrier”.
d. Original signatures for the applicant and all co-applicants applying for the Special Permit. If the applicant or co-applicant will be represented byan agent, an original signature authorizing the agent to represent the applicant and/or co-applicant is required. Photo-reproductions of signatures will not be accepted.
250.7.2: Location Filing Requirements:
a. Identify the subject property by including the Town as well as the name of the locality, name of the nearest road or roads, nearest CL&P pole number, and street address, if any.
b. Tax map and parcel number of subject property.
c. Zoning district designation for the subject parcel (submit copy of Town Zoning Map with parcel identified).
d. A line map to scale showing the lot lines of the subject property and all properties within 300 feet and the location of all buildings, including accessory structures, on all properties shown.
e. A region-wide map showing the existing wireless service facilities in the Town and outside the Town within ten miles of its boundary, and any proposed facilities by the applicant and/or co-applicant(s) within three miles of the town boundary.
f. A topographic location map at a scale of 1”=2,000’ showing the antenna or tower location, and the boundaries of the view shed if a tower is proposed (ie: The area within which the tower can be seen based upon an assessment of the topography surrounding the site).
250.7.3: Site Plan Requirements:
The following Site Plan requirements shall be in addition to the requirements of Article VI of the Town of Goshen Zoning Regulations regarding Site Plan. Where the requirements of this section are more restrictive than that of Article VI, these requirements shall apply. For a Permitted Use, the Commission may determine that the information specified under subsections 7 and 8 is not needed to determine compliance with this regulation. A one-inch equals 40 feet vicinity plan shall be submitted showing the following:
1. Property lines for the subject property.
2. Property lines of all properties adjacent to the subject property within 300 feet.
3. Outline of all existing buildings, including purpose (ie: residential buildings, garages, accessory structures, etc.) on subject property and all adjacent properties within 300 feet.
4. Proposed location of antenna, mount and equipment shelter(s).
5. Proposed security barrier, indicating type and extent as well as point of controlled entry.
6. Location of all roads, public and private, on the subject property and on adjacent properties within 300 feet including driveways proposed to serve the regulated facility.
7. Distances, at grade, from the proposed regulated facility to each building on the vicinity plan.
8. Contours at each two feet AMSL (see definition section) for the subject property and adjacent properties within 300 feet.
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(250.7.3)
9. All proposed changes to the existing property, including grading, vegetation removal and temporary or permanent roads and driveways.
10. Representations, dimensioned and to scale, of the proposed mount, antennas, equipment shelters, cable runs, parking areas, and any other construction or development attendant to the personal wireless service facility.
250.7.4: Design Filing Requirements:
a. Equipment brochures for the proposed regulated facility such as manufacturer’s specifications or trade journal reprints shall be provided for the antennas, mounts, equipment shelters, cables as well as cable runs, and security barrier, if any.
b. Materials of the proposed regulated facility specified by generic type and specific treatment (ie: anodized aluminum, stained wood, painted fiberglass, etc). These shall be provided for the antennas, mounts, equipment shelters, cables as wells as cable runs, and security barrier, if any.
c. Colors of the proposed regulated facility represented by a color board showing actual colors proposed. Colors shall be provided for the antennas, mounts, equipment shelters, cables as wells as cable runs, and security barrier, if any.
d. Dimensions of the regulated facility specified for all three directions: height, width and breadth. These shall be provided for the antennas, mounts, equipment shelters and security barrier, if any.
e. Viewshed Analysis: Where a tower is proposed, sight line graphs shall be provided to the proposed prime and alternative sites from visually impacted areas, such as residential developments, public roadways, recreational sites, historic districts, and historic sites. In lieu of sight line graphs, the Commission may accept photographs showing the tower imposed on the photograph with the tower height established in reference to a balloon flown to the proposed tower height at the site, as required herein. This visual assessment shall be based upon the existing landscape conditions without leaf cover.
f. Landscape plan prepared by a Connecticut licensed landscape architect including existing trees and shrubs and those proposed to be added, identified by size of specimen at installation and species.
g. Within 21 days of filing an application for a Special Permit, the applicant shall arrange for a balloon test (with a balloon diameter of at least eight feet), or crane test, at the proposed site to illustrate the height and position of a proposed ground mounted tower. The date, time and location of such test shall be advertised in a newspaper of general circulation in the Town at least 15 days, but not more than 21 days, prior to the test. The balloon or crane test shall be conducted for at least two days, one of which shall be a Saturday.
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(250.7.5)
250.7.5: Noise Filing Requirements:
The applicant shall provide a statement listing the existing and maximum future projected measurements of noise from the proposed regulated facilities, measured in decibels Ldn (logarithmic scale, accounting for greater sensitivity at night), for the following:
1. Existing or ambient: the measurements of existing noise.
2. Existing plus proposed personal wireless service facilities: Maximum estimate of noise from the proposed personal wireless service facility plus the existing noise environment.
Such statement shall be certified and signed by an acoustical engineer, stating that noise measurements are accurate and meet the Noise Standards of this regulation.
250.7.6: Radiofrequency Radiation (RFR) Filing Requirements:
The applicant shall provide a statement listing the existing and maximum future projected measurements of RFR from the proposed regulated facility, for the following situations:
1. Existing or ambient: the measurements of existing RFR.
2. Existing plus proposed facilities: maximum estimate of RFR from the proposed regulated facility plus the existing RFR environment.
3. Certification, signed by a RF engineer, stating that RFR measurements are accurate and meet FCC Guidelines as specified in the Radiofrequency Radiation Standards sub-section of this regulation.
250.7.7: Federal Environmental Filing Requirements:
a. The National Environmental Policy Act (NEPA) applies to all applications for wireless communication facilities. NEPA is administered by the FCC via procedures adopted a Subpart 1, Section 1.1301 et seq. (47 CRF Ch.1). The FCC requires that an environmental assessment (EA) by filed with the FCC prior to beginning operations for any wireless communication facility proposed in or involving any of the following:
1. wilderness area,
2. wildlife preserves,
3. endangered species habitat,
4. historical site,
5. Indian religious site,
6. flood plain,
7. wetlands,
8. high intensity white lights in residential neighborhoods,
9. excessive radiofrequency exposure.
b. At the time of application filing, an Environmental Assessment that meets FCC requirements shall be submitted to the Commission for each regulated facility site that requires such an environmental assessment to be submitted to the FCC.
c. For all Special Permit uses the applicant shall identify and assess the impact of the proposed facility on areas recommended for protection or conservation as presented in the Town Plan and State Plan of Conservation and Development.
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(250.7.7)
d. The applicant shall list location, type and amount (including trace elements) of any materials proposed for use within the facility that are considered hazardous by the federal, state or local government.
250.8: CO-LOCATION:
250.8.1: Licensed carriers shall share facilities and sites where feasible and appropriate, thereby reducing the number of facilities that are stand-alone. All applicants for a Special Permit for a regulated facility shall demonstrate a good faith effort to co-locate with other carriers. Such good faith effort includes:
a. A survey of all existing structures that may be feasible sites for co-locating wireless service facilities;
b. Contact with all the other licensed telecommunication facility carriers operating in the service area of the proposed facility; and
c. Sharing information necessary to determine if co-location is feasible under the design configuration most accommodating to co-location.
250.8.2: In the event that co-location is found to be not feasible, a written statement of the reasons for the infeasibility shall be submitted to the Commission. The Commission may retain a technical expert in the field of RF engineering to verify if co-location at the site is not feasible or is feasible given the design configuration most accommodating to co-location. The Town may deny a Special Permit to an applicant that has not demonstrated a good faith effort to provide for co-location. A denial by the Connecticut Siting Council pursuant to Section 16-50aa of the Connecticut General Statutes shall constitute one means, but not the exclusive means, of providing sufficient evidence of such good faith effort.
250.8.3: The Commission reserves the right to limit tower height and the number of facilities on a structure in order to preserve the character and appearance of the Town of Goshen.
250.9: MODIFICATIONS:
250.9.1: A modification of a regulated facility may require a Special Permit application where the following events apply:
a. The applicant and/or co-applicant wants to alter the terms of the Special Permit by changing the regulated facility in one or more of the following ways:
1. Change in the number of facilities permitted on the site;
2. Change in technology used for the regulated facility.
b) The applicant and/or co-applicant wants to add any equipment or additional height not specified in the original design filing.
250.10: MONITORING AND MAINTENANCE:
250.10.1: After the Regulated Facility is operational, and where required by the Commission, the applicant shall submit, within 90 days of beginning operations, and at annual intervals from the date of issuance of the Special Permit, existing measurements of RFR from the facility. Such measurements shall be signed and certified by a RF engineer, stating that RFR measurements are accurate and meet FCC Guidelines as specified in the Radiofrequency Standards section of this regulation.
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(250.10.1)
250.10.2: After the regulated facility is operational, and where required by the Commission, the applicant shall submit, within 90 days of beginning operations, and at annual intervals from the date of issuance of the Special Permit, existing measurements of noise from the regulated facility. Such measurements shall be signed by an acoustical engineer, stating that noise measurements are accurate and meet the Noise Standards sub-section of this regulation.
250.10.3: The applicant and co-applicant shall maintain the regulated facility in good condition. Such maintenance shall include, but shall not be limited to, painting, structural integrity of the mount and security barrier, and maintenance of the buffer areas and landscaping.
250.11: ABANDONMENT OR DISCONTINUATION OF USE:
250.11.1: At such time that a licensed carrier plans to abandon or discontinue operation of a regulated facility, such carrier will notify the Commission by certified U.S. mail of the proposed date of abandonment or discontinuation of operations. Such notice shall be given no less than 30 days prior to abandonment or discontinuation of operations. In the event that a licensed carrier fails to give such notice, the regulated facility shall be considered abandoned upon such discontinuation of operations.
250.11.2: Upon abandonment or discontinuation of all use of the facility for six months, the facility owner shall physically remove the facility within 90 days of the end of such six month period. “Physically removed” shall include, but not be limited to:
a. Removal of antennas, mount, equipment shelters and security barriers from the subject property.
b. Proper disposal of the waste materials from the site in accordance with local and state solid waste disposal regulations.
c. Restoring the location of the facility to its natural condition, except that any landscaping and grading shall remain in the after-condition.
250.11.3: If a facility owner fails to remove a regulated facility in accordance with this section of this regulation, the Town shall have the authority to enter the subject property and physically remove the facility. The Commission shall require the applicant to post a bond at the time of construction to cover the costs for the removal of the regulated facility in the event the Town must remove the facility. Town access to this bond shall remain until such time as the facility is removed.
250.12: RECONSTRUCTION OR REPLACEMENT OF EXISTING TOWERS AN MONOPOLES:
Guyed towers, lattice towers, utility towers and monopoles in existence at the time of adoption of this regulation (8/12/00) may be reconstructed, altered, extended or replaced on the same site by Special Permit, provided that the Commission finds that such reconstruction, alteration, extension or replacement will not be substantially more detrimental to the neighborhood and/or the Town than the existing structure. In the event that the structure is not to be reconstructed or replaced with an identical or substantially identical structure, the Commission shall consider whether the proposed reconstruction, alteration, extension, or replacement will create public benefits such as opportunities for co-location, improvements in public safety, and/or reduction in visual and environmental impacts.
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SECTION 260: CONSERVATION DEVELOPMENT
261: PURPOSE:
It is the purpose of this Section to permit variations in residential develop-
ments which would not otherwise be possible; permit flexible site design so that develop-
ment may be constructed in harmony with and so as to preserve natural resources and Goshen’s farmland; and permit residential developments which are sensitive to parcel configuration, topography, natural resources, solar access, and the surrounding neighborhood.
262: LOCATION:
A Conservation Development may only be permitted by the Commission in the RA-1, RA-2, and RA-5 Zones, subject to appropriate conditions in the Subdivision Regulations.
263: PERMITTED USES:
263.1: Detached single family dwellings
263.2: Playgrounds, recreation areas, parks, open spaces, and natural areas
263.3: Accessory uses and structures such as private garages, swimming pools, clubhouses, recreation facilities, and other structures and facilities which are customarily incidental and subordinate to the principal uses.
264: USE REGULATIONS
The following regulations shall apply:
264.1: BUILDING HEIGHT:
No building or structure shall be greater in height than 35 feet.
264.2: CONFIGURATION OF LOTS:
The individual lots in Conservation Developments may be reduced from the conventional area, except that lot width shall not be less than 150 feet. In the RA-2 and RA-5 Zones, lots must have a minimum lot size of 1.0 acre of land, not including inland wetlands or watercourses or land with a natural slope exceeding 25% in grade. Setbacks and building heights for principle buildings and accessory structures, other than maintenance sheds, must meet the maximum height and minimum setback requirements for buildings and structures in the Residential-Agricultural 1 Zone, (RA-1.)
264.3: OPEN SPACE PRESERVATION:
A minimum of 50% of the Conservation Development area shall remain as open space, preferably in one contiguous parcel. No more than 50% of the required open space shall be classified as inland wetlands soils or watercourses, subject to easements for utilities or purposes unrelated to recreation or preservation of open space, or have slopes greater than 25%.”
265: Maximum Density of Development
265.1: RA-1 ZONE:
The maximum number of permitted residential units in a Conservation Development shall not exceed the number of units that would be permitted for that parcel under Section 312 herein.
Sewer shall be disposed of by proper connection to the Woodridge Lake Sewer System.
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(265)
265.2: RA-2 and RA-5 Zones:
The maximum number of permitted residential units in a Conservation Development in the RA-2 Zone shall not exceed the number of units that would be permitted for that parcel under Section 322 herein.
The maximum number of permitted residential units in a Conservation Development in the RA-5 Zone shall not exceed by more than 25% the number of units that would be permitted for that parcel under Section 333 herein. To determine the maximum number of units that would be permitted under a Conservation Development, the applicant shall submit a conceptual layout of the property as a standard subdivision that meets all the requirements of the zoning, subdivision and inland wetlands regulations. The conceptual layout shall provide the proposed dwelling, well site, septic leach field system and reserve area for each lot. Percolation test holes and deep hole tests for each lot keyed to a Sanitary Report shall be submitted with the conceptual layout of the property in a standard subdivision. The
Commission shall determine the maximum number of units based on the conceptual plan submitted.”
270: REAR LOT:
The Commission may, at its discretion, approve, for residential purposes only, a lot having less than the frontage required by that zone, provided that:
270.1: The lot conforms to all requirements prescribed for the zone in which it is located except that in the RA-1 Zone, the minimum area of a rear lot shall be 1.5 acres; and in the RA-2 Zone, the minimum area of a rear lot shall be 3.0 acres.
270.2: The lot shall have access way via a frontage of at least 30 feet on a public street. No such access way shall be closer than 200 feet to any other such access way. The driveway shall have a gravel or other all-weather surface no less than 10 feet in width for its entire length.
270.3: The Planning and Zoning Commission may approve as part of a subdivision, by Special Permit in the RA-2 and RA-5 Zones, the use of a common driveway to serve not more than five rear lots and two frontage lots provided that:
- The rear lots meet the minimum lot size required for rear lots in the RA-2 of 3 acres not including the accessway and 5 acres not including the accessway in the RA-5 Zones. The lots shall have a minimum of 200 ft of frontage on the common driveway. The minimum lot width shall be measured at such front lot line or at the minimum front yard set back. Frontage lots shall maintain the front yard setback for the RA2 and RA-5 Zones (50 ft). In addition they shall maintain a minimum 50 ft front yard requirement from the proposed common driveway. The two remaining sides of these frontage lots shall be considered side yards with a minimum setback of 30 ft.
- A common driveway shall only be built in situations where a Residential Street can be built and the common driveway could be constructed in lieu of a public roadway that meets the Residential Street requirements. The applicant’s engineer will prepare a plan demonstrating the feasibility of a Residential Street being built within the Common Driveway right of way instead of the proposed Common Driveway. The Town Engineer will comment on feasibility plan.
- The right of way area of the common driveway shall be a minimum of 50 feet in width at all points with frontage on a public street. The maximum length of the common driveway shall be 2,000 feet. The minimum width shall be 18 feet.
- The Town Engineer shall review and comment on the design, layout and construction requirements of the proposed common driveway. The design and layout shall provide safe access for emergency services and shall be referred to the Goshen Volunteer Fire Co., Inc for their review and comment.
- A common driveway shall be under joint ownership of the lots it serves. The owners of lots on the common driveway shall share in the maintenance costs of the common driveway unless and until the common driveway is improved, at no cost to the Town of Goshen, to the requirements of a Residential Road as specified in the current Subdivision regulations and Town Road Ordinance. Applicants shall provide the Commission with copies of proposed deed or covenant that shall identify common driveway ownership and maintenance responsibilities. The Commission shall be assured that the ownership responsibility for maintenance, improvements and liability associated with the common driveway shall remain private unless and until the common driveway is upgraded and accepted as a Town Road at no cost to the Town. The deed or covenant
shall be submitted for review and acceptance of the Town Attorney. The approved deed or covenant shall be filed with the Town Clerk with the final subdivision map.
- Common Driveway Specifications:
- The design of the common driveway shall provide safe access for emergency/fire services.
- The common driveway shall be centered in a common access area that is a minimum of 50 ft in width at all points and has at least 50 feet of frontage on an accepted street. The minimum driveway width shall be 18 feet.
The maximum grade of the common driveway shall not exceed 12%.
If the grade exceeds 8% the sections of the driveway exceeding 8% shall be paved.
The total length of a common driveway shall not exceed 2,000 feet in length.
A turnaround with a 35 foot radius shall be provided at the end of the common driveway. The maximum grade of the turnaround shall be 5%.
Curbing and drainage storm pipe system may be required to ensure safe management and disposal of storm water.
A plan and profile sheet of the common driveway shall be submitted containing the following minimum information:
- Complete horizontal and vertical geometry on the centerline of the common driveway.
- Typical common driveway sections showing pavement thickness, cross slope, dimensions, swales, curbs, shoulders, etc.
- All other improvements and utilities including proposed storm drains, catch basins, manholes, watercourses, culverts, curbs, gutters, swales, and bridges.
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- Plan and profile drawings shall be at a horizontal scale of not less than 1 inch equals 40 feet and at a vertical scale of 1 inch equals 4 feet.
- Plans shall be sealed by a Professional Engineer.
- The common driveway shall be named for address and safety purposes, a sign conforming to the Town Specifications and the Manual on Uniform Traffic Control Devices (MUTCD) shall be installed and maintained.
- No further resubdivision of rear lots created under this section of the regulations shall be permitted. A note shall be added to the recording mylar subdivision map to this effect.
SECTION 280: WINDMILLS, TOWERS AND ENERGY PRODUCING WIND DEVICES
280.1 PURPOSE:
The purpose of this section is to regulate the safe, effective, and efficient use of small wind energy systems which are installed to reduce the on-site consumption of utility supplied electricity, subject to reasonable conditions that will protect the public health, safety and welfare.
280.2 APPLICABILITY
This section applies to all proposals to construct utility-scale and on-site wind facilities smaller than 1 MW Rated Nameplate Capacity. Any physical modification to existing wind facilities that materially alters the type, or increases the size, of such facilities or other equipment shall require a special permit.
281: DEFINITIONS
COMMISSION: The Goshen Planning and Zoning Commission.
ON-SITE WIND FACILITY: A wind facility located at a residential, commercial, industrial, agricultural, institutional, or public facility that will consume more than 50% of the electricity generated by the facility.
HEIGHT: The vertical distance from the average finished ground level at the main tower edges to the highest point of the structure, including any blade, lightning rod or antenna. If a blade extends above the tower at any point in its arc, then the tip of the rotor blade at its highest point, or blade-tip height shall be used.
RATED NAMEPLATE CAPACITY: The maximum rated output of electric power production equipment. This output is typically specified by the manufacturer with a “nameplate” on the equipment.
SUBSTANCIAL EVIDENCE: Such evidence as a reasonable mind might accept as adequate to support a conclusion.
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UTILITY-SCALE WIND FACILITY: A commercial wind facility, where the primary use of the facility is electrical generation to be sold to wholesale electricity markets.
WIND FACILITY: All equipment, machinery and structures utilized in connection with the conversion of wind to electricity. This includes, but is not limited to, transmission lines and support structures, storage, collection and supply equipment, substations, transformers, service and access roads, and one or more wind turbines.
WIND MONITORING OR METEOROLOGICAL TOWER: A temporary tower equipped with devices to measure wind speeds and direction, used to determine how much wind power a site can be expected to generate.
WIND TURBINE: A device that converts kinetic wind energy into rotational energy that drives an electrical generator. A wind turbine typically consists of a tower, accelerator platform or nacelle body, and one or more rotors, with two or more blades for each rotor.
282: GENERAL REQUIREMENTS
282.1 GOSHEN PLANNING AND ZONING COMMISSION
No wind facility shall be erected, constructed, installed or modified so as to change bulk or height, without first obtaining a special permit from the Goshen Planning and Zoning Commission (“the Commission”). The construction of a Wind Facility shall be permitted in RA5 and RR zoning districts subject to the issuance of a Special Permit, provided that the use complies with all requirements set forth in sections 3, 4, 5 and 6. All such Wind Facilities shall be constructed and operated in a manner that minimizes any adverse visual, safety, and environmental impacts.
No special permit shall be granted unless the Commission finds in writing that:
a. the specific site is an appropriate location for such use;
b. no material adverse effect on the neighborhood has been shown;
c. no serious hazard to pedestrians or vehicles has been shown;
d. no nuisance will be created by operation of the use; and
e. adequate and appropriate facilities will be provided for the proper operation of the use.
Such permits may also impose reasonable conditions, safeguards and limitations on time and use, and may require the applicant to implement all reasonable measures to mitigate unforeseen adverse impacts of the wind facility, should any occur.
Wind Monitoring or Meteorological Towers shall be permitted in RA5 and RR zoning districts, subject to issuance of zoning and building permits for a temporary structure, and subject furthermore to all applicable regulations concerning lot area, setbacks, open space, parking, and building coverage requirements. Additionally, Wind Monitoring or Meteorological Towers shall not exceed two (2) feet tower face width and two hundred (200) feet in height.
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(282.3)
282.2 Compliance with Laws, Ordinances and Regulations
The construction and operation of all such proposed wind facilities shall be consistent with all applicable local, state and federal requirements, including, but not limited to, all applicable safety, construction, environmental, electrical, communications and aviation requirements. With respect to noise requirements, see Section 6.3.
282.3 Proof of Liability Insurance
Before construction may begin, the applicant shall be required to provide evidence of liability insurance in an amount and for a duration reasonably sufficient to cover loss or damage to persons and structures occasioned by the failure of the facility. This coverage shall be updated as appropriate from time to time so as to be consistent with then current industry standards.
282.4 Site Control
At the time of its application for a special permit, the applicant shall submit documentation of actual or prospective legal rights for the use and possession of the project site sufficient to allow for the intended purpose. If required, the application shall also include documentation concerning the right to use setback areas and access roads. Site Control shall include the legal authority to prevent the use or construction of any structure for human habitation within the setback areas.
283 GENERAL SITING STANDARDS
283.1 HEIGHT
Wind facilities shall be no higher than 200 feet in Height.
283.2 SETBACKS
Wind turbines shall be setback, as measured from the center of the tower: (a) from the nearest existing habitable structure, a distance equal to 1.5 times the overall blade tip height for a wind turbine that has exposed blades and 1.1 times the overall height for a wind turbine that has shrouded blades, provided, however, that a portion of this setback requirement may be satisfied by an easement or other non-revocable, legally binding agreement from one more abutting property owners; and (b) 100’ from the nearest property line or public way.
283.2.1 Setback Waiver
The Commission may reduce the minimum setback distance as appropriate based on site-specific considerations, if the project satisfies all other criteria for the granting of a special permit under the provisions of this section.
284 DESIGN STANDARDS
284.1 COLOR AND FINISH
The Commission shall have discretion over the turbine color, although a neutral, non-reflective exterior color that blends with the surrounding environment is encouraged.
284.2 LIGHTING AND SIGNAGE
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284.2.1 LIGHTING
Wind turbines shall be lighted only if required by the Federal Aviation Administration. Lighting of other parts of the wind facility, such as appurtenant structures, shall be limited to that required for safety and operational purposes, and shall be designed to minimize glare on abutting properties and, except as required by the FAA, be directed downward with full cut-off fixtures to reduce light pollution.
284.2.2 SIGNAGE
Signs on the wind facility shall comply with the requirements of the town’s sign regulations, and shall be limited to:
a. Those necessary to identify the owner, provide a 24-hour emergency contact phone number, and warn of any danger.
b. Those required by state or federal law.
c. Educational signs providing information about the facility and the benefits of renewable energy.
284.2.3 Advertising
Wind turbines shall not be used for displaying any advertising, except for reasonable identification of the manufacturer or operator of the wind energy facility.
284.2.4 Utility Connections
Reasonable efforts shall be made to locate utility connections from the wind facility underground, depending on appropriate soil conditions, shape, and topography of the site and any requirements of the utility provider. Electrical transformers for utility interconnections may be above ground, if required by the utility provider.
284.3 APPURTENANT STRUCTURES
All structures appurtenant to such wind facilities shall be subject to applicable regulations concerning the bulk and height of structures, as well as regulations determining yard sizes, lot area, setbacks, open space, parking and building coverage requirements. All such appurtenant structures, including, but not limited to, equipment shelters, storage facilities, transformers, and substations, shall be architecturally compatible with each other and shall be contained within the
turbine tower whenever technically and economically feasible. Additional structures shall only
be used for housing of equipment for this particular site. Whenever reasonable, structures should be screened from view by vegetation and/or fencing, and/or located in an underground vault, and joined or clustered to minimize adverse visual impacts.
284.4 SUPPORT TOWERS
Monopole and space frame/lattice towers are the only permissible support towers for Wind Facilities.
285 SAFETY, AESTHETICS AND ENVIRONMENTAL STANDARDS
285.1 EMERGENCY SERVICES
The applicant shall provide a copy of the project summary and site plan to the local emergency services entity, as designated by the Commission. Upon request, the applicant shall cooperate with local emergency services in developing an emergency response plan.
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285.1.1 UNAUTHORIZED ACCESS
The Wind Facility shall be designed to prevent unauthorized access.
285.2 SHADOW/FLICKER
Wind facilities shall be sited in a manner that minimizes shadowing or flicker impacts.
The applicant has the burden of proving that flicker does not have significant adverse impact on neighboring or adjacent uses through either siting or mitigation.
285.3 NOISE
The Wind Facility shall conform to any applicable provisions of the Torrington Area Heath District (TAHD) Noise Control Regulation and all other applicable noise laws, regulations and statutes.
285.4 LAND CLEARING, SOIL EROSION AND HABITAT IMPACTS
Clearing of natural vegetation shall be limited to that which is necessary for the construction, operation and maintenance of the wind facility and is otherwise prescribed by applicable laws, regulations, and ordinances.
286 MONITORING AND MAINTENANCE
286.1 FACILITY CONDITIONS
The applicant shall maintain the wind facility in good condition. Maintenance shall include, but not be limited to, painting, structural repairs, and integrity of security measures. Site access shall be maintained to a level acceptable to the local Fire Chief and the director of Emergency Medical Services. The project owner shall be responsible for the cost of maintaining the wind facility and any dedicated access road, unless accepted as a public way, and the cost of repairing any damage occurring as a result of construction and operation.
286.2 MODIFICATIONS
All modifications that increase bulk, increase height or change the location of a wind facility made after issuance of the special permit shall require amendment of that special permit by the Commission.
287 ABANDONMENT OR DECOMMISSIONING
287.1 REMOVAL REQUIREMENTS
Any wind facility which has reached the end of its useful life, or has been abandoned, shall be removed. When the wind facility is scheduled to be decommissioned, the applicant shall notify the town by certified mail, including the proposed date of discontinued operations and plans for removal. The owner/operator shall physically remove the wind facility no more than 150 days after the date of discontinued operations. At the time of removal, the wind facility site shall be restored to the state it was in before the facility was constructed, from grade level and above, but excluding any need to replace trees or other vegetation that may have previously occupied the site, and similarly excluding the need to reconstruct structures once present, or the site may be converted to any other legally authorized use. More
specifically, decommissioning shall consist of:
a. Physical removal of all wind turbines, structures, equipment, security barriers and transmission lines from the site.
b. Disposal of all solid and hazardous waste in accordance with local and state waste disposal regulations.
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c. Stabilization or re-vegetation of the site as necessary to minimize erosion. The Commission may allow the owner to leave landscaping or certain visible foundations in order to minimize erosion and disruption to vegetation.
287.2 ABANDONMENT
Absent notice of a proposed date of decommissioning, the facility shall be considered abandoned when the facility fails to operate for more than one year without the written consent of the Commission. The Commission shall determine in its decision what proportion of the facility is inoperable for the facility to be considered abandoned. If the applicant fails to remove the wind facility in accordance with the requirements of this section within 150 days of abandonment, or the proposed date of decommissioning, the town shall have the authority to enter the property and physically remove the facility.
287.3 FINANCIAL SURETY
The Commission may require the applicant for wind facilities to provide a form of surety, either through escrow account, bond or otherwise, to cover the cost of removal in the event the town must remove the facility. The amount and form of this surety shall be determined by the Commission, but in no event may it exceed more than 125 percent of the cost of removal and compliance with the additional requirements set forth herein, as determined by the Commission, after consultation with its staff and engineering consultant(s). Such surety will not be required for municipally or state-owned facilities. The applicant shall submit a fully inclusive estimate of the costs, less salvage value, associated with removal, prepared by a qualified engineer. The amount shall include a mechanism for Cost of Living
Adjustment.
288 TERM OF SPECIAL PERMIT
A special permit issued for a wind facility shall be valid for 25 years, unless extended or renewed. The time period may be extended, or the permit renewed, by the Commission upon satisfactory operation of the facility. Any request for extension or renewal must be submitted at least 180 days prior to expiration of the special permit. The submission of an extension or
renewal request shall allow for continued operation of the facility until the Commission acts.
Upon the expiration of the special permit (including extensions and renewals), the wind facility shall be removed as required by this section.
The applicant or facility owner shall maintain a phone number, and identify a responsible person for the public to contact, so that inquiries and complaints may be made throughout the life of the project.
289 VISUALIZATIONS
The Commission shall select between three and six sight lines, including from the nearest building with a view of the wind facility, for pre- and post-construction view representations. Sites for the view representations shall be selected from populated areas or public ways within a 2-mile radius of the wind facility. View representations shall have the following characteristics:
a. Within 21 days of filing for a Special Permit, the applicant shall arrange for a balloon test (with a balloon diameter of at least eight feet), or a crane test, at the proposed site to illustrate the height and position of the proposed tower. The date (and alternate dates to allow for inclement weather), time and location of such test shall be advertised in a newspaper of general circulation in the Town at least 15 days, but not more than 21 days, prior to the primary date of the test. The balloon or crane test shall be conducted for at least two days, one of which shall be a Saturday or a Sunday.
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b. The applicant will submit photographs showing the tower imposed on the photograph with the tower height established in reference to a balloon flown to the proposed tower height at the site.
c. View representations shall be in color and shall include actual pre- construction photographs and accurate post-construction simulations of the height and breadth of the wind facility (e.g., superimpositions of the wind facility onto photographs of existing views).
d. All view representations will include existing, or proposed, buildings or tree coverage.
e. Each view representation shall include description of the technical procedures followed in producing the visualization (distances, angles, camera lens, etc.).
289.1 LANDSCAPE PLAN
Upon a determination of necessity by the Commission, the applicant shall submit a plan indicating all proposed changes to the landscape of the site, including temporary or permanent roads or driveways, grading, vegetation clearing and planting, exterior lighting (other than FAA-required lights), screening vegetation or structures. Lighting shall be designed to minimize glare on abutting properties, except as required by the FAA.
289.2 OPERATION & MAINTENANCE PLAN
The applicant shall submit a plan for maintenance of access roads and storm water controls, as well as general procedures for operational maintenance of the wind facility.
289.3 COMPLIANCE DOCUMENTS
If required under previous sections of this regulation, the applicant will provide with the application:
a. a description of the financial surety that satisfies 8.3 of this section,
b. proof of liability insurance that satisfies Section 3.3 of this section,
c. certification of height approval from the FAA, or documentation showing that this is not necessary,
d. a statement that satisfies Section 6.3, listing existing and maximum projected noise levels from the wind facility.
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