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(a)(b)(a)(b)Town of Weston, CTWednesday, April 7, 2021The Charter and Special ActsChapter C. Town Charter[HISTORY: Adopted by the voters of the Town of Weston 11-4-2014. Amendments noted whereapplicable.]PreambleSince colonial times the Town of Weston has taken its character from the many generations thathave cherished local democracy, broad-based citizen involvement, and a strong sense ofcommunity. In the tradition of home rule, Westonites call Town Meetings in the belief that everyeligible voter is a legislator. As embodied in this Charter, the Town Meeting and the Selectmentogether are the legislative body of the Town.Weston was an Aspetuck hunting ground until "outlivers" from the town of Fairfield began settlinghere in the early eighteenth century. Norfield Parish was created in 1757 and the ConnecticutGeneral Assembly formally recognized Weston as a separate, incorporated town thirty years later.Early Weston was agricultural but soon the use of abundant water power led to the growth ofindustry. By 1830 Weston was a thriving town of 3,000 people and home to foundries, a grist mill,ax manufacturing, a furniture plant, and four churches. The population began to decline rapidly bythe 1850's, however, due to the opening of the richer agricultural lands in Ohio, the developmentof steam-powered industry along the coast, and the rise of the industrial towns along theNaugatuck River.The revival of the Town began early in the 20th century with the arrival of artists, musicians,theater people, writers, and summer residents from New York City, a vanguard of the waves ofcommuters who first arrived by automobile in the 1930's. This mixture remains and, together withits excellent schools and many conservation-protected lands, continues to give Weston its specialcharacter.The first Town Charter was adopted by the voters in 1967 and was subsequently amended in1976, 1979, and 2003. The current version was adopted by the voters on November 4, 2014.ATTACHMENTSAttachment 1 - Appendix AAttachment 2 - Appendix BArticle 1. THE CHARTER; TOWN CODESection1.1. General ProvisionsThe Charter is the organic law of the Town of Weston providing for the administration of theTown's affairs.Matters of administration of the Town's affairs not provided for by the Charter or localordinance are governed by the General Statutes and Special Acts of the State of Connecticutapplicable to the Town.Section1.2. The Town CodeThe Charter and the Town ordinances together shall comprise the Town Code.The Town Code shall be available at the Town Clerk's office, the Public Library and the Town'swebsite or in such other form as is readily available to the public.

(a)(b)(a)(b)Section1.3. DefinitionsThe meanings of the defined terms used in the Charter are contained in Article 11.Article 2. THE TOWN; ITS LEGISLATIVE BODYSection2.1. The TownThe Town shall continue, after the effective date of this amended and restated Charter, as a bodypolitic and corporate with perpetual succession within its territorial limits.Section2.2. Powers, Rights and Obligations of the TownThe powers, rights and obligations of the Town contained in the Charter as in effect immediatelyprior to the effective date of this amended and restated Charter, and attached as Appendix A, shallremain in effect.Section2.3. Legislative BodyThe legislative body of the Town shall be a combination of the Town Meeting and the Board ofSelectmen. The legislative powers of the Town Meeting are limited to those matters described inArticle 3. All other legislative powers shall reside in the Board of Selectmen.Article 3. THE TOWN MEETINGSection3.1. Legislative PowerThe legislative power of the Town, to the extent specified in this Article, shall be vested in theTown Meeting.Section3.2. Annual and Special Town MeetingsAn Annual Town Budget Meeting shall be held at the time, and conducted in the manner,described in Sections 9.5 and 3.3, respectively.A Special Town Meeting shall be called by the Board of Selectmen (i) when it deems suchMeeting necessary or (ii) when required by the Charter or the General Statutes.Section3.3. ProcedureAll Town Meetings shall be called to order by the First Selectman. In the absence of the FirstSelectman, the Selectman designated under Section 5.2 as the acting First Selectman shallcall the Meeting to order. If both the First Selectman and the acting First Selectman areabsent, the First Selectman shall appoint the other member of the Board of Selectmen ifavailable, or otherwise any other Qualified Voter, to call the Meeting to order.The Board of Selectmen shall nominate from the Panel of Moderators a member to serve asmoderator and a member to serve as alternate moderator for such Town Meeting. Allreasonable care shall be taken to avoid conflicts of interests in these selections. Public Noticeshall be given of the name of the member so nominated as moderator and such name shallbe included in the call of the Town Meeting, if possible. Prior to the Town Meeting, such

(c)(d)(e)(a)(b)(c)(d)(e)(f)(g)(h)(a)(b)member shall meet with the First Selectman or the Board of Selectmen to discussprocedures, conduct and possible problems that might arise during the course of the TownMeeting. At the Town Meeting, other persons may be nominated as moderator, and the TownMeeting shall elect its moderator.The moderator shall appoint a parliamentarian for the meeting.The Clerk of the Town Meeting shall be the Town Clerk or in the Town Clerk's absence, aperson selected by the Town Meeting.Except as otherwise provided in the Charter, action at all Town Meetings shall be by amajority of Qualified Voters present and voting.Section3.4. When a Special Town Meeting is RequiredThe Board of Selectmen shall call a Special Town Meeting for consideration of the followingmatters:Appropriations or authorizations for issuance of bonds, notes or other borrowing, asrecommended by the Board of Selectmen and the Board of Finance, except as provided inSection 9.7(c) (relating to an interim Annual Town Budget);The purchase, sale or leasing of real estate by the Town;Applications for federal or State grants involving a multi—year commitment to expend Townfunds that have not yet been appropriated, but only if, in the Fiscal Year in which suchcommitment is first incurred, the Board of Finance determines, in its discretion, that thecommitment is sufficiently material to warrant a Town Meeting;Requests for appropriations described in Section 9.9(c);Petitions meeting the requirements of Section 3.6 or 3.7;The proposed abolition of any office provided for in the Charter (other than an elected office),or a reduction in membership of, or abolition of, an appointed Board or Commission providedfor in Article 8 of the Charter, in each case, in accordance with Section 4.2(b);The proposed change of the position of Town Clerk from an elected office to an appointedoffice, pursuant to Section 6.6(c), or the proposed change of the position of Tax Collector froman appointed office to an elected office, pursuant to Section 8.6(d)(ii); andAny proposal the Board of Selectmen deems of sufficient importance.Section3.5. Actions of a Special Town Meeting That May BeDecided By Machine BallotAny matter falling within Section 3.4 above may be decided by machine ballot (other than a matterdescribed in Section 3.4(g), which must be decided by machine ballot):at the discretion of the Board of Selectmen, orpursuant to a petition filed in accordance with Section 7-7 of the General Statutes, both in thefollowing manner:After other business has been completed and after adequate discussion of the matter(s) to bedecided by machine ballot, the moderator shall adjourn the Town Meeting and the matter(s)shall be submitted to the Qualified Voters, not less than seven days nor more than fourteendays thereafter, for a "yes" or "no" vote on the voting machines during the hours permitted bySection 7-7 of the General Statutes. If a majority of those voting vote "yes" on a matter, thematter shall be deemed to have been adopted by the Town Meeting; otherwise it shall bedeemed to have been rejected.Section3.6. Petition for Overrule of Action of Board of Selectmen

(a)(b)(c)(d)Any ordinance, resolution or other action taken by vote of the Board of Selectmen, except thosemaking appointments or removals, those concerned solely with regulating their internal procedureor emergency ordinances adopted in accordance with the provisions of Section 4.5, shall besubject to overrule by a Special Town Meeting as follows:if within 20 days after the publication of any such ordinance or the making of such resolutionor the taking of such vote, a petition conforming to the requirements of Section 7-9 and 7-9aof the General Statutes and signed by not less than five percent of the Qualified Voters is filedwith the Town Clerk requesting its reference to a Special Town Meeting, then theeffectiveness of such ordinance, resolution or other action shall be suspended;the Board of Selectmen shall fix the time and place of such Special Town Meeting, which shallbe within 20 days after the filing of the petition;notice of the Special Town Meeting shall be given in the manner and at the time provided bythe General Statutes for the calling of a Special Town Meeting;if at least three percent of Qualified Voters, constituting a majority of those present and votingthereon, vote in favor of overruling the ordinance, resolution or action, it shall not take effect.Otherwise it shall take effect upon the conclusion of the Meeting.Section3.7. Petition for Special Town Meeting for Enactment ofOrdinances or Other ActionNot less than five percent of Qualified Voters may at any time file with the Town Clerk a petitionthat conforms to the requirements of Section 7-9 and 7-9a of the General Statutes requesting thata Special Town Meeting be held for the enactment of any proposed lawful ordinance or otheraction. The petition shall contain the complete text of such proposed ordinance or other action.Any such proposed ordinance or other action shall be submitted to the Town Attorney forexamination before being submitted to the Town Clerk. The Town Attorney may correct the form ofthe ordinance or other action for the purpose of avoiding repetitions, illegalities andunconstitutional provisions, and to assure accuracy in its text and references and clarity andprecision in its phraseology, but not to change its meaning or effect materially. If, however, suchproposed ordinance or other action is materially the same as a matter that has been voted upon ina Town Meeting or by machine ballot within the preceding three years, the Board of Selectmen, inits sole discretion, may reject such petition and not call a Special Town Meeting.Unless the petition has been rejected pursuant to the foregoing provisions of this Section 3.7, theBoard of Selectmen shall call a Special Town Meeting, to be held not less than ten nor more thanthirty days after the date the petition was filed with the Town Clerk. No Special Town Meeting needbe held, however, if such ordinance has been enacted or such action taken by the Board ofSelectmen prior to the Meeting date.Notice of the Meeting shall be given in the manner and at the time provided by the GeneralStatutes for the calling of a Special Town Meeting. The Call for such meeting shall state theproposed ordinance or other action in full and shall provide for a "yes" or "no" vote as to itsenactment.If at least three percent of Qualified Voters, constituting a majority of those present and votingthereon, vote "yes," then such ordinance or other action shall take effect on the tenth day after theMeeting without further action of the Board of Selectmen; otherwise it shall not take effect.Article 4. BOARD OF SELECTMENSection4.1. Number of Selectmen; Holding Other Town OfficesThere shall be a Board of Selectmen consisting of the First Selectman and two additionalSelectmen. No Selectman shall by employed by the Town in any other capacity or be a member ofany Board or Commission except as provided in Section 5.1 relating to ex-officio membership.Section4.2. General Powers, Duties and Responsibilities

(a)(b)(c)(d)(e)(f)(g)(h)(i)(a)(b)Except as provided in Article 3, the legislative powers of the Town shall be vested in the Board ofSelectmen, and the Board of Selectmen shall have the powers, duties and responsibilitiesconferred on them by the Constitution of the State of Connecticut and the General Statutes, aswell as the Charter, including the power:to enact and amend ordinances consistent with the Charter and the General Statutes, and torepeal ordinances or amendments adopted under this Section;by ordinance, to create, change, or abolish Boards, Commissions, committees and offices ofthe Town other than elected offices, Boards and Commissions; provided that (i) the abolitionof an appointed office or a reduction of the membership of, or the abolition of, an appointedBoard or Commission provided for in the Charter must be approved by a Special TownMeeting in accordance with Section 3.4(f); and (ii) the Board of Selectmen may provide for theaddition of elected alternates to the Planning & Zoning Commission;by resolution, to enter into agreements with the State or federal government or any agency ofeither such government; andin adopting ordinances, to incorporate all or part of any code, rules or regulations; providedthat any such code, rules or regulations shall be available for public inspection in the office ofthe Town Clerk or online.The Board of Selectmen shall also have the power, duty and responsibility:to fix the charges, if any, to be made for services rendered by the Town;to obtain a blanket bond for such Officials as are to be bonded;to review and approve: (i) plans for reorganization, creation or elimination of positions and; (ii)job descriptions for Town employees who are not appointed or elected Officials but who reportto the Board of Selectmen, directly or indirectly;at the direction of the First Selectman, to conduct a periodic review of current (two-year timespan) and projected (at least five-year time span) financial, administrative, governmental,physical and other needs of the Town, and to initiate programs to meet such needs; andexcept to the extent otherwise provided by ordinance, and subject to normal budget approval,to review and act on recommendations of the First Selectman to hire, and fix thecompensation for, or discharge, any Town employee at the department head level whoreports, directly or indirectly, to the Board of Selectmen.Section4.3. ProcedureAt its first meeting, to be held not later than two weeks following each biennial Town election,the Board of Selectmen shall fix the time and place of its regular meetings and shall elect anacting First Selectman as required by Section 5.2. Special meetings of the Board ofSelectmen may be called by the First Selectman or by the other two Selectmen jointly, withreasonable advance notice being given to the other member(s) of the Board. The Board ofSelectmen shall determine its own rules of procedure, by reference to Robert's Rules ofOrder. Two members of the Board shall constitute a quorum.Meetings of the Board of Selectmen shall be conducted, and notice and minutes thereof shallbe made available, in accordance with the provisions of the State Freedom of Information Actand otherwise in accordance with the General Statutes.Section4.4. Public Hearing On and Publication of OrdinancesAt least one public hearing, Public Notice of which shall be given at least ten days in advance,shall be held by the Board of Selectmen before any ordinance shall be passed. Every ordinance,after passage, shall be given a serial number and be recorded by the Town Clerk, and shall beproperly indexed. Such ordinance shall be published online or in such other form as is readilyavailable to the public. Within ten days after final passage, the Town Clerk shall give Public Noticeof the text of each ordinance, except as otherwise provided in Section 4.5, relating to emergencyordinances.

(a)(b)(c)(d)(e)Every ordinance, unless it shall specify a later date, shall become effective on the 21st day aftersuch publication following its final passage unless it is overruled as provided in Section 3.6 or isan emergency ordinance as provided in Section 4.5.Section4.5. Emergency OrdinancesAn ordinance adopted by the Board of Selectmen as a public emergency measure and stating thefacts constituting such public emergency shall become effective immediately, and Public Noticeshall be given thereof as soon as possible thereafter. No public hearing or notice of public hearingshall be required for any public emergency ordinance. Every public emergency ordinance,including any amendments thereto, shall automatically expire at the end of the 61st day followinginitial passage of the ordinance.Section4.6. CoordinationThe Board of Selectmen shall coordinate the activities and operations of the Town governmentand, from time to time, may convene joint meetings of Officers, Boards and/or Commissions forsuch purposes, and/or may require such reports or information to be submitted by them as theBoard of Selectmen may deem necessary for such purposes.Article 5. FIRST SELECTMAN; TOWN ADMINISTRATORSection5.1. The First SelectmanThe First Selectman shall be the Chief Executive and Administrative Officer of the Town. The FirstSelectman shall be a full voting and participating member of the Board of Selectmen and shallpreside at meetings of the Board when present.The First Selectman shall be an ex-officio member of all Boards, Commissions or Towncommittees, but without power to vote. The First Selectman may appoint another Selectman to bethe First Selectman's representative on any Board, Commission or Town committee, but withoutpower to vote.The First Selectman shall have all the powers, duties and responsibilities conferred upon thatoffice by law that are consistent with the Charter, and, in addition, shall have all the powersnecessary or incidental to the discharge of the First Selectman's duties and responsibilities as setforth in the Charter.Under the general policy direction of the Board of Selectmen, the First Selectman shall have theresponsibilities to:see that the administration of the Town is coordinated, except those functions expresslyreserved or delegated to other Officers, Boards or Commissions by law;execute and carry out ordinances, resolutions, policies and other actions approved by theBoard of Selectmen or the Town Meeting;hire or dismiss, with the prior concurrence of the Board of Selectmen, and subject to theGeneral Statutes, paid employees other than Officers, heads of departments, or employeeswho do not report, directly or indirectly, to the Board of Selectmen (e.g., employees of theBoard of Education and officers or members of the Police Department);coordinate and guide the Board of Selectmen in the discharge of the Board's duties andresponsibilities; anddirect relationships with State, regional, and federal agencies that have, or are likely to have,an effect on the Town.To assist in the discharge of the duties and responsibilities of the First Selectman's office andof the Board of Selectmen, the First Selectman may assign and delegate duties and powers,but not responsibilities, to other Selectmen, to the Town Administrator, and to other Officersresponsible to the First Selectman.

(a)(b)(c)(d)(e)(f)Section5.2. Selection of an Acting First SelectmanAt its first meeting following each biennial Town election the Board of Selectmen shall elect fromits membership a Selectman who, in the temporary absence of the First Selectman, shall act asFirst Selectman; provided that the acting First Selectman shall not, during the First Selectman'stemporary absence, make any personnel or any significant decisions without the concurrence ofthe remaining member of the Board of Selectmen. If the person designated as acting FirstSelectman shall vacate his or her office, the Board of Selectmen shall elect a new acting FirstSelectman as soon as practicable after the Board has been restored to three members.Section5.3. The Town AdministratorThere shall be a Town Administrator who shall report directly to the First Selectman. The TownAdministrator shall be hired by, and shall be subject to dismissal by, the First Selectman, in bothcases with the prior approval of the Board of Selectmen.The duties of the Town Administrator shall be to:aid in recruiting and screening of personnel and to make recommendations relating thereto tothe First Selectman;manage Town employees;assist in preparing the Annual Town Budget by gathering the necessary data and bycompiling estimated budgets by the dates set forth in the Charter;aid the First Selectman in analyzing and reviewing programs, activities, and budgets and theirshort-term and long-term financial and cash flow implications;satisfy reasonable requests by Officers, Boards and Commissions to provide information; andcarry out such other duties as the First Selectman shall assign to the Town Administrator.Article 6. ELECTED OFFICERS, BOARDS AND COMMISSIONSSection6.1. General Powers and DutiesAll elected Officers, Boards and Commissions shall have the powers and duties prescribed by theGeneral Statutes and the Charter.Section6.2. Elected Officers, Boards and Commissions(a) Elected OfficersTerm(in years)First Selectman 2Town Clerk 4Two Registrars of Voters (one Democrat and one Republican) 2(b) Elected Boards andCommissions Number of MembersTerm(in years)Board of Assessment Appeals 3 4Board of Education 7 4Board of Finance 7 6 but see Section 6.4Board of Police Commissioners 7 4Board of Selectmen(including theFirst Selectman)3 2

(a)(b)(c)(a)(b)(c)(d)(b) Elected Boards andCommissions Number of MembersTerm(in years)Planning and Zoning Commission 7 4Zoning Board of Appeals 5 4 (plus 3 alternates)Section6.3. Terms of Office; Election of Officers; Conduct ofMeetingsAll terms of office for elected Officers, Boards and Commissions shall commence on theTuesday following the date of election, except that the term of office for Registrars of Votersshall commence on the Wednesday following the first Monday of the January following theirelection. The Board of Selectmen-elect shall, from the date of its election, exclusively have allpowers of the Board of Selectmen to make appointments and fill vacancies in offices andmemberships on Boards, Commissions and Town committees.Except as otherwise provided by law, a Chairman and Vice-Chairman of each elected Boardor Commission shall be elected each year by the membership of that Board or Commissionduring the month of January; provided, however, that the Board of Education may elect itsChairman and Vice-Chairman not later than January 1. At no time shall any person be eligibleto be elected as Chairman of an elected Board or Commission who has served in that officefor eight or more successive years. This Section 6.3(b) shall not apply to the Board ofSelectmen.The meetings of elected Boards and Commissions shall be conducted, and notice andminutes thereof shall be made available, in accordance with the provisions of the StateFreedom of Information Act and otherwise in accordance with the General Statutes.Section6.4. Minority Representation; Staggered Terms; Changein Terms of Board of Finance MembersNo more than a bare majority of any elected Board or Commission shall consist of members of thesame political party. For example, no more than two of the three Selectmen can be members ofthe same political party. In addition, no more than a bare majority of alternate members of anyelected Board or Commission may be members of the same political party. Terms for members ofBoards and Commissions shall continue to be staggered in the same manner as on the effectivedate of this amended and restated Charter; provided however, that commencing with the Townelections that occur in 2017, the terms of the members of the Board of Finance elected on andafter that date shall be reduced to four years, and the staggering of terms shall be as follows: fourmembers will be elected in 2017 and three members will be elected in 2019, and so on.Section6.5. Compensation; Expenses; LeviesThe salary of the First Selectman shall be recommended by the Board of Selectmen, actingwithout the First Selectman's vote, and the salary, if any, to be paid to other elected Officersshall be as recommended by the Board of Selectmen, in both instances subject to the normalbudgetary approval processes.The salary of the First Selectman shall not be changed during the First Selectman's term.If approved in advance by the First Selectman (or the First Selectman's designee), necessarynon-budgeted expenses incurred by an elected Officer or a member of an elected Board orCommission in connection with the performance of such Officer's or member's duties shall bepaid by the Town upon the requisition of such Officer, Board or Commission in writing andapproval of the Board of Selectmen.All fees, fines and levies of every kind paid to or on behalf of any elected Officer, Board orCommission shall, to the extent not otherwise provided by General Statutes, applicableSpecial Acts, ordinances and resolutions, promptly be remitted to the Town's Treasurer andadded to the General Fund of the Town.

(a)(b)(c)Section6.6. Special Provisions Regarding the Board ofEducation; Board of Police Commissioners and Town ClerkAs permitted by the General Statutes, Resident Electors may vote for the number of membersto be elected to the Board of Education, and the persons receiving the greatest number ofvotes shall be elected, subject to the minority representation provisions of Section 6.4.The Board of Police Commissioners shall have the power to appoint the Town's Chief ofPolice.Not less than five percent of Qualified Voters may at any time file with the Town Clerk apetition that conforms to the requirements of Section 7-9 and 7-9a of the General Statutesrequesting that a machine ballot be held to determine whether the position of Town Clerkshould become an appointed position under the Charter. If, however, such proposed actionhas been voted upon by machine ballot within the preceding three years, the Board ofSelectmen, in its sole discretion, may reject such petition and not hold a machine ballot onthis issue.Unless the petition has been rejected pursuant to the foregoing provisions of this Section6.6(c), the Board of Selectmen shall call a Special Town Meeting, to be held not less than tennor more than thirty days after the date the petition was filed with the Town Clerk. Afteradequate discussion of this issue, the moderator shall adjourn the Town Meeting and thequestion of whether the Town Clerk shall be an appointed position shall be submitted to theQualified Voters, not less than seven days nor more than fourteen days thereafter, for a "yes"or "no" vote on the voting machines during the hours permitted by Section 7-7 of the GeneralStatutes. If a majority of those voting vote "yes," the position of Town Clerk shall become anappointed position, with a four-year term commencing upon the expiration of the term of officeof the then Town Clerk, and the position of Town Clerk shall otherwise be subject to theprovisions of Article 8 applicable to appointed Officers, without further action of the Board ofSelectmen; otherwise the position of Town Clerk shall remain an elected office.Article 7. ELECTIONSSection7.1. GeneralNomination and election of federal and State officers, including Registrars of Voters, and of suchelected positions as are provided for in the Charter shall be conducted, and the Registrars ofVoters shall prepare lists of Resident Electors to vote therefor, in the manner prescribed in theGeneral Statutes, except as hereinafter provided.Unless otherwise provided by the Charter, election of Officers shall be held on the first Tuesdayafter the first Monday in November in the odd-numbered years.Section7.2. Voting DistrictsThere shall be one voting district for Town elections, and the Board of Selectmen shall provide asuitable polling place or polling places in the district.Section7.3. Voter RegistrationRegistration of voters shall be effected by a board for admission of electors in accordance withSection 9-15a of the General Statutes, which board shall consist of the Town Clerk or AssistantTown Clerk and the Registrars of Voters.Section7.4. Eligibility for Office

(i)(ii)(a)(i)(ii)(b)Each elected Official shall be a Resident Elector and if, for any reason, such Official ceases to bea Resident Elector, he or she shall thereupon cease to hold elected office in Town, and such officeshall become vacant.Section7.5. Breaking a TieWhen any regular or special Town election, primary election or referendum conducted pursuant tothe provisions of the Charter results in a tie, an adjourned election shall be conducted todetermine who shall be elected or, in the case of a question at referendum, whether it shall beaccepted or rejected. The adjourned election or referendum shall be held during the period fromthe seventh day to the fourteenth day after the date of the election or referendum that resulted in atie and shall be confined to the tied candidates or issues.Section7.6. VacanciesShould a vacancy occur in the office of First Selectman for any reason, the followingprocedure shall be followed:If the vacancy occurs less than six months prior to the next regular date for the biennialelection of Officers, the Selectman designated under Section 5.2 as the acting FirstSelectman (the "Acting First Selectman") shall fill the vacancy in the office of FirstSelectman for the remainder of the term.If the vacancy occurs six months or more prior to the next regular date for the biennialelection of Officers, the Acting First Selectman shall fill the vacancy as First Selectmanuntil a new First Selectman is elected in a special election. Such special election shalloccur not more than 30 days after the vacancy in the office of First Selectman occurred.Except in the case of a vacancy in the office of First Selectman, or as provided in theGeneral Statutes and the Charter, any vacancy in an elected Town office, Board orCommission shall be filled by appointment by the Board of Selectmen for the unexpiredportion of the term or until the next biennial election, whichever occurs sooner; provided,that if the person vacating the office has been elected as a member of a political party,such vacancy shall be filled by the appointment of a member of the same political party.If there is a biennial election before the expiration of the term of any office in which avacancy occurs, such office shall be filled until such election by appointment as providedin (b)(i) above, and subsequently by the election of a person to fill that office for theremaining portion of the term, and such person shall take office upon election.Section7.7. RemovalAn elected Official may be removed from office by the Board of Selectmen upon its finding of goodand sufficient cause for such removal. The Official affected by such removal process shall begiven notice thereof and an opportunity to appear and be heard at a public hearing before theBoard of Selectmen. Willful malfeasance, willful neglect of duty, inability to serve, conviction of afelony, abandonment of office or material violation of Article 10 or the Town's Code of Ethics, aswell as any circumstance described in Section 9.10(f), shall constitute cause for removal.Article 8. APPOINTED OFFICERS, BOARDS ANDCOMMISSIONSSection8.1. General Powers and DutiesAll appointed Officers, Boards and Commissions shall have the powers and duties prescribed bythe General Statutes and the Charter.

(a)(b)(c)Section8.2. Appointed Officers, Boards and CommissionsThe Board of Selectmen shall appoint the following Officers, Boards and Commissions:(a) OfficersTerm(if any, in years)Animal Control OfficerAssessor 4Building Inspector 4Emergency Management DirectorFire Marshall 2Tax Collector 2Town Attorney 2Tree Warden 1(b) Boards and Commissions Number of MembersTerm(in years)Board of Ethics 5 2Building Board of Appeals 5 5Commission for Children and Youth 9 (including 2 students) 3Commission for the Arts 7 2Commission on Aging 7 2Conservation Commission 7 4Historic District Commission 5 (plus 3 alternates) 5Library Board 9 4Panel of Moderators 4 4Parks and Recreation Commission 7 4Section8.3. Timing of Appointment; Election of Officers; Conductof MeetingsThe Board of Selectmen shall make the appointments described in Section 8.2 not later than(i) the December 31 following or coincident with the expiration of the applicable individual'sterm of office, or (ii) 60 days following the expiration of such term of office, whichever occurssooner. Such appointees shall take office on the effective date of their appointment. TheBoard of Selectmen shall give Public Notice of the expiration of the term of office of anymember of an appointed Board or Commission not less than 30 days prior to such expirationdate.Except as otherwise provided by law, a Chairman and Vice-Chairman of each appointedBoard or Commission shall be elected each year by the membership of that Board orCommission during the month of January; provided, however, that at no time shall any personbe eligible to be elected as Chairman who has served in that office for eight or moresuccessive years, and provided further that any newly constituted appointed Board orCommission shall elect a Chairman and Vice-Chairman by its second meeting.The meetings of appointed Boards and Commissions shall be conducted, and notice andminutes thereof shall be made available, in accordance with the provisions of the StateFreedom of Information Act and otherwise in accordance with the General Statutes.Section8.4. Minority Representation; Staggered TermsNo more than a bare majority of any appointed Board or Commission shall consist of members ofthe same political party. For example, no more than three of the five members of the Board of

(a)(b)(i)(ii)(iii)(iv)(a)(b)(c)Ethics can be members of the same political party. In addition, no more than a bare majority ofalternate members of any appointed Board or Commission may be members of the same politicalparty. Terms for members of Boards and Commissions shall continue to be staggered in the samemanner as on the effective date of this amended and restated Charter.Section8.5. Vacancies and RemovalsVacancies in appointed Officers, Boards or Commissions shall be filled for the unexpired termby vote of the Board of Selectmen, unless otherwise provided in the statutes, ordinance orresolution creating the same. The Board of Selectmen shall give Public Notice of any suchvacancy.Any appointed Official may be removed for (i) any of the reasons set forth in Section 7.7, or(ii) failure to attend three consecutively scheduled meetings of the Official's Board orCommission without having given the Chairman or Vice-Chairman of such entity prior noticeof such absence with reasons therefor, so long as in either case the process for such removalmandated by Section 7.7 is adhered to. In addition, except as otherwise provided by law, anyappointed Official (other than the Town Attorney (but see Section 8.6(a)(i), below)) may beremoved from office or from membership on such Board, Commission or committee for anyreason by the Board of Selectmen; provided that, if the individual is affiliated with a politicalparty, an affirmative vote to remove such individual is cast by at least one Selectman who isof the same party as the person so removed.Section8.6. Special Provisions Regarding Certain Officers,Boards and CommissionsTown Attorney.The Town Attorney shall be an attorney at law admitted to practice law in the State.Unless otherwise provided in this Section 8.6(a), the Town Attorney shall appear for andprotect the rights of the Town in all actions, suits, or proceedings brought by or against itor any of its Officials, Boards, Commissions or committees. The Board of Selectmen, inits discretion, may remove the Town Attorney and appoint a new Town Attorney.The Town Attorney shall be the legal advisor to all Officers, Boards or Commissions in allmatters affecting the Town and shall, upon prior written approval of the First Selectman,which shall not be unreasonably withheld, furnish them with an opinion on any questionsof law submitted by such Officer, Board or Commission involving their respective powersand duties.Upon request the Town Attorney shall prepare or approve forms of contracts or otherinstruments to which the Town is a party or in which it has an interest.The Board of Selectmen shall have the right, with regard to any matter, to retain counselother than the Town Attorney. The attorney so selected shall act at the direction of theBoard of Selectmen. However, if the Board of Selectmen, or any Selectman, is anadversary party to the Town and/or any of its Officers, Boards, or Commissions, in thatparticular case, such counsel shall be appointed for the latter by the Board of Finance.The Town shall be under no obligation to supply counsel for any person with respect toany allegation of wrongdoing in office for personal gain or in the event that the Board ofSelectmen is seeking to remove such person from office.Conservation CommissionThe Conservation Commission shall be the Commission that implements "The InlandWetlands and Water Courses Act" and all applicable regulations adopted pursuant thereto.Panel of ModeratorsEach moderator shall be a Resident Elector and shall have a working knowledge of or ademonstrable ability to easily comprehend basic parliamentary procedure and specifically,Robert's Rules of Order. The Panel of Moderators shall draft a common set of procedures tobe used at all Town Meetings, using Robert's Rules of Order as a guideline. This shall becalled the "Weston Town Moderators Handbook." The Panel of Moderators may revise theHandbook from time to time.

(i)(ii)(d)(a)(b)(c)Tax CollectorThe office of Tax Collector shall remain an elected office until the biennial electionsoccurring in 2013.In addition, not less than five percent of Qualified Voters may at any time file with theTown Clerk a petition that conforms to the requirements of Section 7-9 and 7-9a of theGeneral Statutes requesting that a machine ballot be held to determine whether theposition of Tax Collector should become an elected position under the Charter. If,however, such proposed action has been voted upon by machine ballot within thepreceding three years, the Board of Selectmen, in its sole discretion, may reject suchpetition and not hold a machine ballot on this issue.Unless the petition has been rejected pursuant to the foregoing provisions of this Section8.6(d)(ii), the Board of Selectmen shall call a Special Town Meeting, to be held not lessthan ten nor more than thirty days after the date the petition was filed with the TownClerk. After adequate discussion of this issue, the moderator shall adjourn the TownMeeting and the question of whether the Tax Collector shall be an elected position shallbe submitted to the Qualified Voters, not less than seven days nor more than fourteendays thereafter, for a "yes" or "no" vote on the voting machines during the hourspermitted by Section 7-7 of the General Statutes. If a majority of those voting vote "yes,"the position of Tax Collector shall become an elected position, with a two-year termcommencing upon the expiration of the term of office of the then Tax Collector, and theposition of Tax Collector shall otherwise be subject to the provisions of Article 6applicable to elected Officers, without further action of the Board of Selectmen; otherwisethe position of Tax Collector shall remain an appointed office.Section8.7. Compensation; Expenses; LeviesThe amount of compensation, if any, to be paid to appointed Officers shall be set as providedin General Statutes, applicable Special Acts, ordinances and resolutions, and in absencethereof, by the Board of Selectmen.If approved in advance by the First Selectman (or the First Selectman's designee), necessarynon-budgeted expenses incurred by an appointed Officer or member of an appointed Boardor Commission in connection with the performance of such Officer's or member's duties shallbe paid by the Town upon the requisition of such Officer, Board or Commission in writing andapproval of the Board of Selectmen.All fees, fines and levies of every kind paid to or on behalf of any appointed Officer, Board orCommission shall, to the extent not otherwise provided by General Statutes, applicableSpecial Acts, ordinances and resolutions, promptly be remitted to the Treasurer and added tothe General Fund of the Town.Article 9. FINANCE AND TAXATIONSection9.1. Preliminary Budget EstimatesAll budget requests shall be made on or before January 14th of each year, except that the Boardof Education request shall be made on or before February 3rd. These requests shall be filed withthe First Selectman and shall contain a detailed estimate of expenditures and revenues, otherthan tax revenues, in the ensuing Fiscal Year. Except for the request by the Board of Education,such estimates shall be accompanied by a statement setting forth, in such form as the FirstSelectman may prescribe, the services, activities and work accomplished during the current FiscalYear and to be accomplished during the ensuing Fiscal Year.Section9.2. Duties of the First Selectman on the BudgetThe First Selectman shall compile preliminary estimates for the Town's operating budget, theBoard of Education's operating budget, the capital improvement budget and the Town's debtservice (which shall be referred to collectively as the "Annual Town Budget") for the ensuing Fiscal

(a)(b)(c)(a)(b)Year. Not later than February 10th of each year, the First Selectman shall present to the Board ofSelectmen a proposed budget consisting of:a budget message outlining the proposed financial policy of the Town government, describingthe important features of the proposed Annual Town Budget, indicating any major changesfrom the current Fiscal Year in financial policies, expenditures and revenues together with thereasons for such changes, and containing a clear summary of the Annual Town Budget'scontents;estimates of revenue, including the receipts collected in the last completed Fiscal Year, thereceipts collected during the current Fiscal Year prior to the time of preparing the estimates,the receipts estimated to be collected during the current Fiscal Year, estimates of the receipts,other than from the property tax, to be collected in the ensuing Fiscal Year, and an estimate ofthe then available surplus; anditemized expenditures for each Town department and each Board and Commission for thelast completed Fiscal Year, expenditures for the current Fiscal Year prior to the time ofpreparing the estimates, total estimated expenditures for the current Fiscal Year, and the FirstSelectmen's recommendations for the ensuing Fiscal Year for all items except those of theBoard of Education, which the First Selectman shall transmit to the Selectmen as submitted tothe First Selectman by the Board of Education. The First Selectman shall present reasons forall of the First Selectman's recommendations.As part of the budget of the First Selectman, the First Selectman may present a programpreviously considered and acted upon by the Town Planning and Zoning Commission, inaccordance with Section 8-24 of the General Statutes, of proposed municipal improvementprojects for the ensuing Fiscal Year and for at least the five Fiscal Years thereafter. Estimatesof the costs of such projects shall be submitted annually in the form and manner prescribedby the First Selectman.The First Selectman shall recommend to the Board of Selectmen those capital projects to beundertaken during the ensuing Fiscal Year and the method of financing same.Section9.3. Duties of the Board of Selectmen on the BudgetThe Board of Selectmen shall review the First Selectman's proposed Annual Town Budget,including the proposed budget of the Board of Education. The proposed Annual Town Budget,including such alterations or changes deemed necessary by the Board of Selectmen, shall bepresented to the Board of Finance not later than March 1 of each year. The proposed AnnualTown Budget shall include the budget proposal of the Board of Education, but any changes to theBoard of Education's proposed budget as may desired by the Board of Selectmen shall be in theform of recommendations only.Section9.4. Duties of the Board of Finance on the BudgetAfter the Board of Finance has received from the Board of Selectmen the recommendedAnnual Town Budget, the Board of Finance shall hold one or more public hearings at leasttwo weeks before the date of the Annual Town Budget Meeting, at which any Qualified Votermay be heard regarding the recommended appropriations for the ensuing Fiscal Year. At leastten days in advance of any such public hearing, the Board of Finance shall give Public Noticeof such public hearing, together with the proposed appropriations of the Board of Selectmenand the proposed appropriations of the Board of Education, in condensed form. Sufficientcopies of the proposed appropriations shall be made available for general distribution in theoffice of the Town Clerk, online and at the public hearing. At the public hearing the FirstSelectman shall present the recommendations of the Board of Selectmen regarding thecomposition of the Annual Town Budget and the individual appropriations comprising theBudget for the ensuing Fiscal Year.After the public hearing(s) the Board of Finance shall make such revisions to the proposedappropriations as the Board of Finance deems advisable and shall thereafter recommend theproposed appropriations (as revised by the Board of Finance, if applicable) to the AnnualTown Budget Meeting.Section9.5. The Annual Town Budget Meeting

(a)(b)(i)(ii)(iii)(iv)(v)(vi)(vii)(c)(i)(ii)(iii)(iv)(d)The Annual Town Budget Meeting shall be held not later than the end of the first full week inMay of each year. It shall be called to order at 8 PM and, if it has not completed its businessby 11:30 PM, the moderator shall adjourn the Meeting to 8 PM of successive evenings(adjourning at 11:30 PM if necessary) excepting Saturdays, Sundays and Holidays, until itsbusiness is completed. Public Notice of the Notice and Call of the Annual Town BudgetMeeting shall be published at least five days prior to the Meeting. The published and postedNotice and Call shall be accompanied by the proposed appropriations, in condensed form, asrecommended by the Board of Finance for the ensuing Fiscal Year.The Town Clerk shall ensure that sufficient copies of the proposed appropriations are madeavailable for general distribution in the office of the Town Clerk at least five days prior to theAnnual Town Budget Meeting and at that Meeting.The Notice and Call of the Annual Town Budget Meeting shall:list the line items that the Meeting is legally entitled to amend, namely, the appropriationsin Board of Selectmen's proposed operating budget, the Board of Education's proposedoperating budget (as one line item) and the capital improvement budget ;set forth the Town's debt service budget;state the proposed rate of taxation, indicating the portion attributable to uncollectabletaxes, for the ensuing Fiscal Year;state in its preamble who is legally entitled to vote at the Annual Town Budget Meeting;specify the circumstances under which, and the manner in which, the proposed budgetsmay be reduced at the Annual Town Budget Meeting;state that if fewer than 130 persons who are legally entitled to vote at the Annual TownBudget Meeting are present at the time that the Meeting is called to order, the Meetingshall be adjourned and machine voting on the Annual Town Budget proposed by theBoard of Finance shall commence; andcontain any other information required by the General Statutes or the Charter.Sufficient copies of the Notice and Call shall be made available for general distribution inthe office of the Town Clerk, online and at the Annual Town Budget Meeting.The Annual Town Budget Meeting shall consider, discuss and take action on the proposedappropriations as follows:no appropriation shall be made exceeding that for the same purpose recommended bythe Board of Finance, or for any other purpose not recommended by the Board ofFinance;if, and only if, 130 or more Qualified Voters are present at the time that the Annual TownBudget Meeting is called to order, the Annual Town Budget proposed by the Board ofFinance may, by a vote of a majority of those Qualified Voters present and voting, beamended by reducing any individual appropriation that is listed on the Notice and Call ofthe Meeting to an amount less than that recommended by the Board of Finance. Anymotion to reduce the sum of appropriations in the proposed Annual Town Budget mustspecify the individual line item to be reduced and the amount of the proposed reduction;if fewer than 130 Qualified Voters are present at the time the Meeting is called to order,the Annual Town Budget Meeting shall be adjourned and machine voting on the AnnualTown Budget proposed by the Board of Finance shall commence; andthe consideration of any proposed decrease in any individual appropriation pursuant toSection 9.5(d)(ii) above shall be by secret ballot if requested by a number of QualifiedVoters equal to not less than one-third of those Qualified Voters present at the Meeting.Section9.6. The Annual Town Budget ReferendumVoting on the proposed Annual Town Budget, as amended, if applicable, by the Annual TownBudget Meeting, shall be by machine voting. There shall be separate votes on the followingcomponents of the Annual Town Budget: (i) the Town's proposed operating budget, (ii) the Boardof Education's proposed operating budget and (iii) the proposed capital improvement budget. The

(a)(b)(c)(a)(b)voting shall commence immediately after the Annual Town Budget Meeting is adjourned, and shallcontinue that day as long as necessary, in the judgment of the Registrars of Voters, toaccommodate all those seeking to cast votes at that time. Voting shall recommence betweenseven and fourteen days following the Annual Town Budget Meeting, and shall occur during thehours permitted by Section 7-7 of the General Statutes. Each component of the proposed AnnualTown Budget set forth above shall be approved if a majority of Qualified Voters who vote approvethat component. At the discretion of the Board of Selectmen, the ballot may permit any QualifiedVoters who wish to reject a proposed component or components of the Annual Town Budget toindicate whether they would reject the proposed component(s) because they are too high orbecause they are too low.Section9.7. Procedure if the Budget is RejectedIf one or more components the proposed Annual Town Budget are not approved pursuant toSection 9.6, the component(s) of proposed Budget that have not been approved shall bereconsidered by the Board of Finance and such component(s) shall be resubmitted toQualified Voters between ten and twenty-one days after the date the machine voting wascompleted under Section 9.6. Voting shall occur by machine ballot, and Public Notice of suchvote shall be given at least five days prior to the date of the vote. The resubmitted proposedcomponent(s) of the Annual Town Budget shall be approved if a majority of Qualified Voterswho vote approve such component(s). At the discretion of the Board of Selectmen, the ballotmay permit any Qualified Voters who wish to reject a component or components of theproposed Annual Town Budget to indicate whether they would reject the proposedcomponent(s) because they are too high or because they are too low.Should any component of the proposed Annual Town Budget be rejected again, the processdescribed in Section 9.7(a) shall be repeated with respect to that component until the AnnualTown Budget is approved.In the event that the Annual Town Budget has not been adopted by July 1 of any year, thebudget appropriations of the previous Fiscal Year shall serve as an interim budget to allow forthe continued operation of Town services, and the Board of Selectmen, with the approval ofthe Board of Finance, from month to month thereafter until the Annual Town Budget has beenapproved, may meet the obligations of the Town in accordance with said interim budget (i) byborrowing funds by way of tax anticipation notes, (ii) by taxation at a mill rate set by resolutionof the Board of Selectmen, (iii) by drawing upon funds in possession of the Town, or (iv) by acombination of two or more of these means; provided that if option (i) or option (ii), or acombination of them, is utilized, then within ten days after the Annual Town Budget has beenapproved the mill rate shall be fixed sufficient to fund the total anticipated obligations of theTown during the remainder of the Fiscal Year, including the repayment of all tax anticipationnotes outstanding.Section9.8. Filing the Approved BudgetAn official copy of the Annual Town Budget as finally approved shall be filed by the Board ofFinance with the Town Clerk within one week following final approval. Within ten days after theapproval of the Annual Town Budget, the Board of Finance shall, by resolution, fix the tax rate inmills that shall be levied on the taxable property in the Town for the applicable Fiscal Year.Section9.9. Additional and Supplemental AppropriationsThe Board of Selectmen shall have the power to make an appropriation or appropriations inaddition to those provided in the Annual Town Budget for any Town department, Board orCommission in a sum not exceeding $5,000 in a Fiscal Year, provided that the total sum soappropriated for all Town departments, Boards and Commissions in any Fiscal Year shall notexceed $50,000;The Board of Selectmen shall also have the power to make, with the approval of the Board ofFinance, supplemental appropriations beyond those appropriated under Section 9.9(a) above,for one or more specific purposes, provided the total sum appropriated under this Section9.9(b) in any Fiscal Year shall not exceed two percent of the then current tax levy.

(i)(ii)(iii)(c)(a)(b)(c)(d)(e)(f)Funds for such additional and supplemental appropriations shall, as directed by the Board ofSelectmen, be provided from the following:available unappropriated and unencumbered General Fund cash balance;the Reserve Fund for Capital and Non-recurring Expenditures, if for a capital expenditure;orthe Town's Contingency Fund.Any Officer, Board or Commission may apply at any time for an appropriation in excess of theamounts available under this Section 9.9 (a) and (b), but only in the amount, and on terms,approved by the Board of Selectmen, the Board of Finance and a Town Meeting.Section9.10. Expenditures and AccountingNo purchases shall be made by any Official, Board or Commission, other than the Board ofEducation, and the Library Board for library holdings, regardless of format, except through theFirst Selectman.No voucher, claim or charge against the Town, except the Board of Education, shall be paiduntil the voucher, claim or charge has been (i) audited by the First Selectman (or the FirstSelectman's designee) and (ii) approved by the First Selectman or such designee forcorrectness and validity. Checks shall be drawn by the First Selectman for the payment ofapproved claims and shall be valid only when countersigned by the Treasurer. In the absenceor inability to act of either the First Selectman or the Treasurer with respect to the above duty,the acting First Selectman determined in accordance with Section 5.2 shall substitute for theFirst Selectman, and the Treasurer shall designate an individual to countersign checks, as thecase may be.Any Officer, Town department, Board or Commission, except the Board of Education, thatdesires to transfer funds within its appropriation from funds set apart for one specific purposeto another must first obtain the approval of the First Selectman, the Board of Selectmen andthe Board of Finance.The First Selectman, with the approval of the Board of Selectmen and the Board of Finance,may, within the last three months of the Fiscal Year, transfer surplus funds from theappropriations of one or more departments, Boards or Commissions, with prior consent ofsuch entity or entities, to the appropriations of one or more other departments, Boards orCommissions, but only for purposes for which the receiving entity or entities were authorizedto expend appropriated funds during the Fiscal Year.Appropriations for construction or other permanent improvements, from whatever sourcederived, shall not lapse until the purpose for which the appropriation was made has beenaccomplished or abandoned. A project shall be deemed to have been abandoned if threeconsecutive Fiscal Years have elapsed without any expenditure from or encumbrance of theappropriation therefor. Any portion of an appropriation relating to that project that remainsunexpended and unencumbered at the close of such third Fiscal Year shall lapse.Every payment made in violation of the Charter shall be deemed illegal and every Officialauthorizing or making such payment or taking part therein and every person receiving suchpayment or any part thereof shall be jointly and severally liable to the Town for the full amountso paid or received. If any Official or employee of the Town knowingly incurs any obligation, orauthorizes or makes any expenditure in violation of the provisions of this Charter, or takespart in such violation, such action shall be cause for such person's removal pursuant toSection 7.7(a) or 8.5(b), as the case may be, and such other sanctions as may be prescribedby law.Section9.11. Power to Incur IndebtednessThe Town shall have the power to incur indebtedness by issuing its bonds or notes as provided bythe General Statutes subject to the limitations thereof and the provisions of Sections 3.4(a), 3.5,and 9.5.

Section9.12. ContributionsThe Town shall make no charitable or similar contribution to any person, organization or privatecorporation unless such contribution is (a) included in a category so denominated in the AnnualTown Budget or (b) authorized by the General Statutes and approved by the First Selectman, theBoard of Selectmen and the Board of Finance.Article 10. ETHICAL STANDARDSSection10.1. General ProvisionsAll Officials and employees of the Town shall carry out their duties in accordance with the highestethical standards, regardless of personal considerations. Their conduct shall (a) at all times be forthe public good and within the bounds of law, (b) comply with the Charter and the Town Code ofEthics and (c) avoid conflict between public and private interests and responsibilities. The Board ofEthics shall have the authority to interpret the provisions of this Article 10 and the Town's Code ofEthics.Section10.2. Code of EthicsThe Board of Selectmen shall establish by ordinance a Code of Ethics governing the conduct ofelected and appointed Officials and employees of the Town. The Code of Ethics shall be suppliedto all Officials and employees of the Town.Article 11. DEFINITIONSFor purposes of the Charter:"Annual Town Budget" means the sum of (i) the Town's operating budget, (ii) the Board ofEducation's operating budget, (iii) the Town's capital improvement budget and (iv) the Town's debtservice for a particular Fiscal Year, as further described in Section 9.2."Annual Town Budget Meeting" means the Town Meeting described in Section 9.5."Board" means an elected or appointed board of the Town."Charter" means the Town's Town Charter, as amended from time to time."Commission" means an elected or appointed commission of the Town."Fiscal Year" means the 12-month period commencing July 1 and ending June 30."General Statutes" means the General Statutes of the State of Connecticut, as amended from timeto time."Holiday" means a federal or State holiday."Officer" means (i) an officer of the Town elected or appointed pursuant to the terms of Articles 6or 8 of the Charter, respectively, (ii) any Selectman and (iii) the Town Administrator."Official" means all Officers and all members of Boards, Commissions and committees of theTown."Public Notice" means notice published in a newspaper having general circulation in the Townand/or, to the extent permitted by the General Statutes, notice given by appropriate electronicmeans."Qualified Voters" means persons who are eligible to vote at Town Meetings as determined underthe General Statutes."Resident Electors" means persons eligible to vote in the federal, State and Town elections underthe Constitutions of the United States and the State of Connecticut and under the GeneralStatutes."State" means the State of Connecticut."Town" means the Town of Weston, Connecticut.

Article 12. MISCELLANEOUS PROVISIONSSection12.1. Amendment of CharterThe Charter may be amended in the manner prescribed by the General Statutes.Section12.2. Saving ClauseIf any Section or part of any Section shall be held invalid by a court of competent jurisdiction, suchholding shall not affect the remainder of the Charter or the context in which such Section or partthereof so held invalid may appear, except to the extent that an entire Section or part of a Sectionmay be inseparably connected in meaning and effect with the Section or part of a Section to whichsuch holding shall directly apply.Section12.3. Relationship Between the Connecticut GeneralStatutes and the CharterIn general, the Charter shall be subject to the provisions of the General Statutes, and in the eventthat the Charter and the General Statutes conflict, the General Statutes shall govern.Notwithstanding the foregoing, to the extent that it is legally permissible under the terms of theState's Home Rule Act and judicial interpretations thereof for the Charter to contain terms that areinconsistent with other provisions of the General Statutes, such terms of the Charter shall govern.Section12.4. GenderUse of the term "Selectman" or "Selectmen" is not meant to refer exclusively to the male gender,and all such references shall be construed as inclusive of both genders.Section12.5. Existing Laws and OrdinancesAll ordinances of the Town shall continue in full force and effect, except insofar as they areinconsistent with the provisions of the Charter. All special acts or parts of special acts relating tothe Town of Weston, except those expressly retained by or in the provisions of the Charter arerepealed. The special acts or parts thereof set forth in Appendix B are retained.Section12.6. Effective DateThis amended and restated Charter shall become effective on the day following its adoption by theResident Electors.Chapter SA. Acts Relating to WestonSA-1. Resolve of October 1787, Incorporation of Town of Weston.At a General Assembly holden at New Haven on the Second Thursday of October, A. D. 1787.Upon the petition of the inhabitants of the Parish of North Fairfield in the County of Fairfield and ofthe inhabitants of that part of the Parish of Norfield which lies in the Township of Fairfield in saidcounty, praying to be incorporated into a distinct and separate town, as per petition on file.

Resolved by this Assembly that all the inhabitants who live within the limits of the Parish of NorthFairfield in the County of Fairfield, and all the inhabitants who live in that part of the Parish ofNorfield, which lies in the Township of Norfield, in said county, be and they hereby areincorporated into a distinct, separate town by the Name of the Town of Weston, with full power andauthority to have, use, occupy and enjoy all the rights, privileges and immunities, which pertain tothe several towns in this state respectively, with the following exception only, to wit, that they beallowed but one representative to sit in the General Assembly of this state, and that all the landswhich are contained within the line and limits of the Parish of North Fairfield aforesaid, and all thelands which are contained within the lines and limits of that part of the Parish of Norfield lying inFairfield aforesaid be and belong to said Town of Weston, bounded in the manner following (viz)west on the east line of Norwalk; southerly on the Parishes of Greens Farms, Greenfield andStratfield; easterly on the Parish of North Stratford, running westerly from the dwelling house nowoccupied by Walker Sherman, then running westerly on said line until it comes to the westerlycorner of said New Stratford Parish; from thence a strait line to the dwelling house of AbrahamHiggins including said house within the Parish of North Fairfield, from thence in the same directionuntil it comes to the southerly line of the Town of Newtown, and on all other parts of the line of saidNewtown and on the Town of Redding untill it comes to the said easterly line of Norwalk . . . And itis further resolved that the line as mentioned above running from the westerly corner of NewStratford to Newtown southerly line be and the same is and shall be hereafter considered as adividing line between the said Parish of New Stratford and the Parish of North Fairfield.And be it further resolved that said inhabitants incorporated as aforesaid shall be entitled to theirpart and proportion of all the publick securities and bills emitted by this state now in the hands ofthe treasurer of said Town of Fairfield which part and proportion shall be estimated according tothe list of those persons who at the time of passing this resolve belonged to and were inhabitantsof that part of said North Fairfield lying in said Township of Fairfield, and of those who at the timeof passing this resolve belonged to and were inhabitants of that part of Norfield as beforedescribed, but that said persons or inhabitants incorporated as aforesaid have no part or share inany publick monies or publick stocks belonging to said Town of Fairfield, and that according tosaid lists they take their proportion of the poor of said Town of Fairfield, and according to the samelists pay their proportion of the debts due and owing from said Town of Fairfield. And that saidpersons or inhabitants incorporated as aforesaid shall be entitled to receive from the Town ofStratford in the county aforesaid such proportion of the school monies and other public moniesand public stocks, which at the time of passing this resolve belonged to the said Town of Stratfordas is the right of said persons, or inhabitants of said Parish of North Fairfield, who live within thelimits of said Town of Stratford according to their lists, and according to said lists shall be entitledto all debts due and owing to said Town of Stratford, and that according to said lists they take theirproportion of the poor of said Town of Stratford and pay their proportion of all debts due and owingfrom said Town of Stratford to the passing of this resolve.And it is further resolved that all sheriffs and other officers shall have full power and authority tolevy and warrant or execution that now is or may be granted against the said Town of Fairfield forany debt due at the time of passing this resolve, or for any tax granted, or to be granted on any listbrought in before or at the present session of the General Assembly, upon the persons or estate ofany inhabitants living within that part of said incorporated limits which belonged to said Town ofFairfield who is liable to pay said debt or tax, in the same manner as if this resolve never hadpassed. And all sheriffs and other officers, in like manner shall have full power and authority tolevy any warrant or execution that is or may be granted against the said Town of Stratford, for anydebt due or any tax granted or to be granted as aforesaid, upon the person or estate of anyinhabitant living in that part of the Parish of North Fairfield which at the time of passing thisResolve belonged to the said Town of Stratford, and who is liable to pay said debt or tax.And that the inhabitants of said Town of Weston shall hold their meeting at the publick meetinghouse in said Parish of North Fairfield on the fourteenth day of November next at two o'clock inthe afternoon, and that Samuel Wakeman, Esq. of said Weston shall be and he is herebyempowered and authorized to cause said meeting to be warned and said Samuel Wakeman shallpreside as moderator of said meeting untill a moderator shall be chosen, at which meeting saidTown of Weston shall have liberty and authority to choose all such town officers as other towns inthis state have a right to choose, who shall be vested with the same power which like officers insaid other towns are vested, and shall continue in office untill others shall be chosen and sworn intheir stead.SA-2. Resolve of May 1835, Incorporation of Westport.RESOLVE INCORPORATING THE TOWN OF WESTPORTPassed May, 1835

Resolved by this Assembly, That the parts of the several towns of Fairfield, Norwalk, and Weston,in Fairfield county, lying within the following limits, namely: commencing at the northwest cornerbound of the Town of Fairfield, on Sturges' highway, so called, and running southerly, in the centerof said highway, to a point half a mile south of the crop highway, so called; thence westerly to astone bridge in the highway, south and near the dwelling house of Lockwood Jarrod; thencesoutherly in the center of said highway last mentioned, past the dwelling house of HackwoodBaker to where said highway turns westerly; and thence southeasterly to the west fence of the oldburying ground in Green's Farms; thence following the course of said fence, to Compo creek, socalled; thence following the east side of said creek to Gallup's cross-bridge, so called, the eastend thereof; thence in a due south course to Long Island Sound; again commencing at the firstmentioned bound, and running westerly, in said Weston, across Aspatuck and Saugatuck rivers,passing north of the dwelling-house of Ruel Sherwood, to the dividing line between the towns ofWeston and Norwalk, at a stone bridge in the highway, a little south of the dwelling-house of thelate Daniel Dikeman, deceased; thence northerly in said highway, on the line between saidWeston and Norwalk, to the northeast corner boundary of said Norwalk; thence following thedividing line between Norwalk and Wilton to a stone bound on said dividing line in the highwaynorthwesterly of the dwelling-house of the late James Fellow, deceased, and near an oak tree,long known as a town bound between said Norwalk and Wilton; thence southerly to the center ofthe road, at the four corners, so called, near the blacksmith's shop lately occupied by DavisOlmstead, deceased; thence in the center of said highway passing David M. Fellos' dwelling-house southerly to the barn commonly known by the name of Murry's barn; thence southerly to astone bridge over Saugatuck brook so called, a little west of Joseph Scribner's on the old countyroad, so called; thence southerly to the center of the highway leading round Duck pond so called,and following the center of said highway until it passes the head of said pond; and thence in a duesouth course to Long Island Sound; south on Long Island Sound embracing the islands situatedsouth of said territory in Long Island Sound and in this state, with all the inhabitants residingtherein, be, and the same is hereby incorporated into a distinct town by the name of "Westport";and the inhabitants aforesaid and their successors forever, residing within said limits, shall haveand enjoy all the powers, privileges, and immunities which are enjoyed by other towns in thisstate, with the privilege of sending one representative to the general assembly of this state.Said new town shall pay such proportion of all debts and claims now due and accrued againsteach of the towns from which it is taken; and of all such debts and claims as either of said townsshall hereafter be liable to pay by reason of any claims now existing, except claims on contract forbuilding any new townhouse, which house is not now completed, or for money borrowed for thatpurpose, as the list of 1834 of the part taken from any such indebted town bears to the whole listof such town the same year.And the poor of said towns of Fairfield, Norwalk, and Weston, who were born within the limitshereby incorporated, and who have not gained a settlement elsewhere, and who have gained asettlement within said limits, shall be deemed inhabitants of said town of Westport, and shall bemaintained accordingly whether said poor are now maintained by said towns or not; and said townof Westport shall be liable to maintain all such poor of the towns from which it is taken as are ormay be absent therefrom, provided such person or persons at the time of their departure belongedto either of those parts of said towns hereby incorporated, or resided therein.That the collectors of the state and town taxes of the respective towns of Fairfield, Norwalk, andWeston aforesaid are hereby authorized to collect their respective taxes already laid, in the samemanner as though this resolve had not passed; but if the taxes thus collected by either of thetowns last mentioned exceed the whole amount of such debts and claims against such town asthe town hereby incorporated is bound by this act to pay its proportion, then such town shall payover to said Westport such proportion of the balance left as the list of the part hereby taken fromsuch town on which such tax is laid bears to the whole list of such towns the same year.The first meeting of said town of Westport shall be held on the third Tuesday of June, 1835, at thePresbyterian meeting-house in said Westport, and Thomas F. Rowland, Esq., and in case of hisfailure, James C. Loomis, Esq., shall be moderator of said meeting, and shall warn said meetingby setting up a notification of the same on the oak tree near said meeting-house and at such otherplace or places as either of said persons may deem proper, at least five days before said firstmeeting.And said town of Westport shall at said first meeting have all the powers incident to other towns inthis state, and full right to act accordingly; to elect town officers, and the officers so elected at suchmeeting shall hold their offices until others are chosen and sworn in their stead.SA-3. Resolve of 1845, Incorporation of Town of Easton.CONSTITUTING THE TOWN OF EASTON

Passed 1845Upon the petition of Levi Coley and others, of the town of Weston, praying for the incorporation ofa new town:Resolved by this Assembly, That all that part of the town of Weston that lies easterly of a linecommencing at the intersection of the south line of the town of Redding and the east line of theMile of Commons, so called, thence following the said east line of Commons southerly until itstrikes the Aspetuck river, thence following the center of said river southwesterly, until it strikes thenorth line of the town of Fairfield, with all the inhabitants belonging and residing within said limits,be and remain a distinct and separate town, by the name of Eason. And the inhabitants aforesaidand their successors forever, residing and belonging within said limits, shall have, retain and enjoyall powers, privileges and immunities of other towns in this state, with the right of sending onerepresentative only to the general assembly of this state. All the rest and residue of said town ofWeston shall continue and remain a town by the name of Weston, with all the powers, privilegesand immunities now enjoyed by the town of Weston, except that said town is to have the right ofsending one representative to the general assembly only.Provided, nevertheless, that this grant shall be void and of no effect, unless the inhabitants of thetown of Weston (not including those within said new town of Easton) shall, at a meeting to belegally warned and held at the academy near the Congregational meeting house in said Weston,on or before the fourth Monday of June, A. D. 1845, pass a vote relinquishing all claim to tworepresentatives, and consenting forever hereafter to have but one representative to the generalassembly of this state, and cause a copy of such vote, duly certified by their town clerk, to belodged in the office of the secretary of this state, to be by him recorded and kept on file asevidence of such relinquishment and consent; which meeting shall be warned in the mannerherein after provided for the warning of the first meeting of the town of Weston. And said new townshall pay its proportion, according to the list of 1844, of all debts, charges and expenses, suits,petitions and claims already due and accrued, commenced or existing against said town ofWeston, or for which said town may hereafter be made liable by force of any claim now existing.And the poor of said town of Weston who were born within the limits hereby incorporated andhave not gained a settlement elsewhere in this state than in said town of Weston, or who havegained a settlement in said town of Weston by residence or otherwise within said limits, shall bedeemed inhabitants of said town of Easton, and shall be maintained accordingly, whether saidpoor are now maintained by said Weston or not. And said town of Easton shall be liable tomaintain all such poor of said Weston as are or may be absent therefrom; provided such personsat the time of departure belonged to that part of the town of Weston incorporated into the town ofEaston. The collectors of state and town taxes in the town of Weston are hereby authorized tocollect their respective taxes already laid and their respective rate books not yet perfected may bemade out by the same persons and in the same manner as though this resolve had not beenpassed.The said new town of Easton shall belong to and constitute a part of the probate district ofWeston; and shall also belong to and constitute a part of the tenth senatorial district. The said newtown of Easton shall be entitled to six jurors, and the said town of Weston shall be entitled to fourjurors.The first town meeting of said new town of Easton shall be holden at Staples' academy, in saidtown, on the first Monday of August, A. D. 1845, and Walker Sherwood (or in case of his failure,Eli Adams) shall be moderator thereof, and shall warn said meeting by setting up a notification ofthe same on the public sign-posts of said new town, and such other places as either of saidpersons may deem proper, at least six days before said first meeting. Said town shall have all thepowers at said first meeting incident to other towns in this state, and full right to act accordingly;and the officers elected at said first meeting shall hold their offices until others are chosen andsworn in their stead.The first meeting of the town of Weston (after the passage of this resolve) shall be held at theacademy near the congregational meeting house, in said town, on the fourth Monday of June, A.D. 1845, and David Patchen (or in case of his failure, Oliver C. Sanford) shall be moderatorthereof, and shall warn said meeting by setting up a notification of the same on the public sign-posts in said town, and such other places as either of said persons may deem proper, at least sixdays before said first meeting. And said town shall have full right at said meeting to elect officersof said town, who shall hold their offices until others are chosen and sworn in their stead.Be it further Resolved, That the town deposit fund of the said town of Weston shall belong to andbe divided between said towns in proportion to the number of their respective inhabitants. Alwaysprovided, that if, after the organization of said town of Easton the selectmen of the aforesaid townsdo not agree in the division of the paupers or funds and property belonging to said towns on orbefore the 15th day of March, A. D. 1846, the selectmen of either town may apply to Alva Gray, ofWestport, George Peck, of Fairfield and Levi Edwards, of Monroe, who, or either two of them, arehereby authorized and empowered to divide said paupers and funds and property in manner and

form aforesaid; which division shall be final and conclusive; first notifying the selectmen aforesaidof the time and place when the same shall be made.SA-4. Act of July 22, 1875, Setting off Weston to Probate Districtof Westport.AN ACT TO SET OFF WESTON TO THE PROBATE DISTRICT OF WESTPORTBe it enacted by the Senate and House of Representatives in General Assembly convened:Sec. 1. That the town of Weston shall hereafter belong to and constitute a part of the probatedistrict of Westport.Sec. 2. The Town of Easton shall be one probate district by the name of district of Easton. Theprobate records of the district of Weston shall remain in the district of Easton, and all businessbegun and now depending in the district of Weston shall be continued and finished in the district ofEaston.Sec. 3. This act shall take effect from and after its passage. Approved, July 22, 1875.SA-5. Resolve of March 9, 1877, Establishing Boundary betweenWeston and Wilton.ESTABLISHING AND CONFIRMING THE BOUNDARY LINE BETWEEN THE TOWNS OFWESTON AND WILTONWhereas, upon the petition of the selectmen of the towns of Weston and Wilton, in FairfieldCounty, it has been made to appear to this general assembly that, by the act or resolution of thegeneral assembly incorporating the town of Wilton, passed in 1802, it was provided that theeasterly boundary of said town shall commence at the southeasterly corner of the society ofWilton, and run thence north (twenty-two degrees thirty minutes west) six miles twenty-nine chainsto the northeast monument dividing the towns of Reading, Ridgefield, and Norwalk; that saidsoutheasterly and northeasterly corner bounds are well settled and duly marked, and no disputehas ever existed in regard to them; that a line run from said southeast bound in the direction andto the distance mentioned in said act leads to a point far distant and to the eastward of saidnortheast monument, and would include in the town of Wilton a large territory which has alwaysbeen treated and recognized as embraced within the towns of Weston and Reading, and wouldnot touch the town of Ridgefield; that, on the other hand, if a straight line were drawn betweensaid southeasterly and northeasterly corner bounds, it would make the town of Reading andWeston respectively to embrace tracts of land over which they have never exercised nor claimedjurisdiction; that there is a permanent rock situated in a stream or millpond at the village ofGeorgetown so-called, between the supposed lines before mentioned, which rock is marked withlines crossing each other and with the letters N. F. R., which has been, from time beyond thememory of men now living, reputed to be the bound where the dividing line between the ancienttowns of Fairfield and Reading intersected the boundary line of the ancient town of Norwalk, and,since the incorporation of the towns of Weston and Wilton, to be also the place of intersection ofthe boundary-lines of the town of Reading, Weston, and Wilton, and that a line running from saidsoutheast bound of Wilton to the intersection of said cross-lines on said rock has, from timeimmemorial been generally reputed to be and has been generally recognized as the boundary linebetween said towns of Weston and Wilton; that said petitioners have caused said last-mentionedline to be surveyed as a straight line between said southeast bound and said rock, and haveagreed on the same as a proper and true boundary line between said towns, but that doubts havebeen suggested whether the same is the lawful boundary, and embarassments arise from time totime, growing out of the same: therefore,Resolved by this Assembly:Sec. 1. That the boundary line between the towns of Weston and Wilton, in Fairfield County, ishereby declared to be, and is fixed, confirmed, and established as follows: viz: beginning at thesoutheasterly corner of the town of Wilton, at present marked by a heap of stones on a ledge onthe westerly side of an old highway, and thence running northerly in a straight line to the point ofintersection of said cross-lines upon said rock situated in the stream or millpond at the village ofGeorgetown, socalled, which rock is marked with the letters N.F.R. And the selectmen of saidtowns of Weston and Wilton shall cause suitable monuments to be erected and maintained onsaid line, at the joint expense of said towns and as required by law.

Sec. 2. This resolution shall not be so construed as to affect any pending suit, nor the title to anylands, nor any boundary line between adjoining proprietors of lands.Approved, March 9, 1877.SA-6. Act No. 151 of 1921, Use of Income from Staples GuardianFund by Town.Act No. 151, approved April 20, 1921, as amended by Act No. 160, approved June 6, 1967.AN ACT CONCERNING THE USE OF INCOME RECEIVED FROM THE STAPLES GUARDIANFUND BY THE TOWN OF WESTON TO PROVIDE SCHOLARSHIPS FOR WESTONSTUDENTS ON THE BASIS OF NEED.Sec. 1. Number 151 of the special acts of 1921 is amended to read as follows: The guardians intrust of the poor appointed by the towns of Easton and Weston under the provisions of the will ofSamuel Staples, late of Fairfield, deceased, which will is dated January 7, 1787, and is recordedin Fairfield probate records, are authorized to sell and convey all of the real estate held by saidguardians in trust under such terms and conditions as such guardians shall find most expedientand to invest the proceeds thereof in accordance with the laws relating to the investment of trustfunds and to pay the income thereof to the towns of Easton and Weston in such proportionsrespectively as the number of enumerated pupils in each town bears to the total number ofenumerated pupils in both towns. Said guardians in trust and their successors in office shall givebonds to said town, subject to the approval of the first selectmen of said towns in such form, withsureties thereon, and in such sum not less than the amount of said fund, which bonds shall beconditioned for the faithful discharge of the duties of such guardians.Sec. 2. The town of Weston shall pay over the income received from the Staples Guardian Fundto a scholarship committee, the members of which shall be appointed by the Weston Guardians ofThe Staples Guardian Fund and approved by the Weston board of selectmen. Said committeeshall be called the Staples Scholarship Committee of Weston and shall administer the incomereceived to provide college scholarships for Weston residents on the basis of financial need. Themembers of said committee shall give bonds to the town of Weston, subject to the approval of thefirst selectman of Weston as to form and the sureties thereon, in a sum not less than the amountof the average annual income apportioned to the town of Weston, and conditioned for the faithfuldischarge of the duties of such committee members.Approved June 6, 1967.SA-7. Act No. 84, March 29, 1933, Incorporating the GeorgetownFire District.SPECIAL ACT NO. 84AN ACT INCORPORATING THE GEORGETOWN FIRE DISTRICTBe it enacted by the Senate and House of Representatives in General Assembly convened:Sec. 1. All of the electors of this state, inhabitants of the towns of Wilton, Redding and Weston,dwelling within the following-described limits of said towns: Commencing at a point where theWeston-Redding town line meets the westerly side of the Saugatuck river, thence following thewesterly side of said river in a northerly direction to the school district boundary line separatingDiamond Hill and Little Boston school districts near Burr's corner, thence following said lineseparating said school districts in a westerly direction to the Florida school district line, thencesoutherly following said Florida school district line to the Ridgefield town line, thence continuingsoutherly following said Ridgefield town line (being the Ridgefield-Redding town line) to the Wiltontown line, thence westerly following the Wilton town line (being the Wilton-Ridgefield town line), tothe westerly line of Wilton school district No. 10, thence southerly and easterly following saidschool district line to the Weston-Wilton town line, thence easterly to a point on the Georgetown-Weston state road where said road crosses Samuelson's brook, so called, at the center line ofsaid brook, thence continuing easterly following said center line of said brook to a tributary brookflowing from the north into said Samuelson's brook, thence northerly following the center line ofsaid tributary brook and continuing northerly in a straight line to the Weston-Redding town line,and thence easterly following said town line to the point of beginning, are constituted a body politicby the name of The Georgetown Fire District, and shall be an entity in law capable of suing and

being sued in all courts, and of purchasing, holding and conveying any estate, real and personal,and may have a common seal and alter or change the same.Sec. 2. Said corporation is authorized to provide for the extinguishment of fires and to lease,accept, take over or purchase land within its limits and to erect or cause to be erected upon suchland a building or buildings for the housing of all fire apparatus owned by it or by any firedepartment located therein, and for the accommodation of members of such fire department,which building or buildings may also be used for district meetings; and said corporation may alsoaccept, take over or purchase any apparatus deemed necessary or advisable by it for use in theextinguishing of fires in said district.Sec. 3. Said corporation is authorized to hold meetings at any point within said district for theperformance of the purposes of said corporation and to fix the compensation of such officers andother agents of the corporation as may be needed for the performance of the work incidental tothe carrying on of the objects herein authorized.Sec. 4. The officers of said district and their powers and duties, except as herein provided, shallbear the same relation to the purposes for which said district is incorporated as officers of schooldistricts and their powers and duties bear to the school district affairs and, except as otherwiseprovided, the laws relating to school districts, mutatis mutandis, shall apply to said TheGeorgetown Fire District.Sec. 5. The first meeting of said The Georgetown Fire District shall be held on June 12, 1933, atseven o'clock p.m., eastern standard time. Benjamin B. Banks, Arthur A. Smith and David T.Wahlquist shall be a committee to call said first meeting of said district by posting a notice,designating the time and the place of holding the same, on the signpost in each of said towns ofWilton, Redding and Weston five days before the time designated in said notice for the holding ofsaid meeting, and one of said committee shall preside at said meeting until a presiding officershall be chosen. Said meeting shall proceed to organize and elect officers who shall serve untilthe next annual meeting of said fire district and until others shall be elected and shall havequalified in their stead. At any meeting of the district, a majority of the electors present shall besufficient to transact business.Sec. 6. The annual meeting of said district shall be held on the second Tuesday of June, in eachyear, at seven o'clock p.m., eastern standard time.Approved March 29, 1933.SA-8. Act No. 149, April 10, 1933, Removal of portion of Townfrom District No. 10.SPECIAL ACT NO. 149 of 1933AN ACT PROVIDING FOR THE REMOVAL OF A PORTION OF THE TOWN OF WESTONFROM "DISTRICT NO. 10 OF THE TOWN OF WILTON"Be it enacted by the Senate and House of Representatives in General Assembly convened:Sec. 1. Number 173 of the special acts of 1911 is amended by removing from "District No. 10 ofthe Town of Wilton", incorporated by said act, that portion of the town of Weston included in saiddistrict; and the town of Weston is relieved from any obligation for any portion of the expense ofmaintenance of the public school in said district.Sec. 2. This act shall take effect July 1, 1933.Approved April 10, 1933.SA-9. Act No. 567, June 24, 1939, Abolition of Forge SchoolDistrict.SPECIAL ACT NO. 567 of 1939AN ACT ABOLISHING THE FORGE SCHOOL DISTRICT IN THE TOWN OF WESTON.Be it enacted by the Senate and House of Representatives in General Assembly convened:The Forge school district in the town of Weston is abolished, and the assets of said district aretransferred to the town of Weston. The town of Weston is authorized to receive, and the countycommissioners of the county of Fairfield are authorized to pay to the town of Weston, all moneysheld by said county commissioners or by any other subdivision of the state for and on behalf of

[1]y y y ysaid Forge school district. All moneys and assets so received by the town of Weston shall becomea part of the general funds of said town.Approved June 24, 1939.SA-10. Act No. 620, August 11, 1955, Regulating Hawkers andPeddlers.SPECIAL ACT NO. 620 of 1955AN ACT REGULATING HAWKERS AND PEDDLERS IN THE TOWN OF WESTONSec. 1. The term "hawker" or "peddler" as used in this act, shall mean any person, whetherprincipal or agent, who goes from town to town or from place to place in the same town selling orbartering services or selling or bartering, or carrying for sale or barter, or exposing therefor, anygoods, wares or merchandise, either on foot or from any animal or vehicle.Sec. 2. No person shall engage in the business of a peddler or hawker in the town of Westonwithout having first obtained a license to do so from the board of selectmen or the first selectmanof said town. Every applicant for such a license shall complete and sign, under oath, anapplication form showing information to identify such applicant properly and the nature of thebusiness covered by the license granted pursuant to such application, including the followinginformation: The name, residence, mailing address, age and citizenship of the applicant; thecompany or companies represented by the applicant, a description of the services, goods, waresor merchandise to be sold by the applicant within the town of Weston pursuant to such license andthe company or companies rendering, manufacturing and distributing the same; the state ofregistration and the marker number of any vehicle to be used by the applicant in carrying on thebusiness permitted by said license; the state issuing and the number assigned to any operator'slicense used by such applicant in the operation of this vehicle in such manner; and a fulldescription of any crime of which the applicant may have been convicted, showing the date of theconviction, the court in which the same took place, the terms of any sentence passed on suchconviction and whether the applicant is now on probation. After such application has beencompleted and signed as aforesaid and upon the payment of a license fee of five dollars, theboard of selectmen or the first selectman, as the case may be, shall issue to the applicant alicense permitting him to engage in the business of a peddler or hawker, as defined herein withinthe town of Weston, subject to the provisions of this act, which license shall be valid for a period ofone year from the date of issuance.Sec. 3. Every person engaged in the business of a peddler or hawker shall display such licenseconspicuously upon his person.Sec. 4. No person engaged in the business of a peddler or hawker shall enter the privatepremises of any person in the town of Weston where a posted sign forbids soliciting or peddling orcontains a direction to that effect.Sec. 5. Any person who violates any provision of this act shall be fined not more than fifty dollarsfor each such violation.Sec. 6. This act shall not apply to sales by farmers and gardeners of the produce of their farmsand gardens, or to the sale, distribution and delivery of milk, teas, coffees, spices, groceries,meats and bakery goods, to sales on approval or to conditional sales of merchandise, or to thesolicitation or sales by any charitable or other nonprofit organization.Sec. 7. This act shall become effective fifteen days after the publication thereof in a newspaperhaving a circulation in the town of Weston.Approved Aug. 11, 1955Editor's Note: See Ch. 140, Peddling and Soliciting.SA-11. Appendix A, Public Act No. 75-387, Inland WetlandsRegulations.APPENDIX APublic Act No. 75-387An act Concerning Amendments to the Inland Wetlands ActBe it enacted by the Senate and House of Representatives in General Assembly convened:

(a)(b)[1]Sec. 1. Section 22A-42a of the General Statutes is repealed and the following is substituted in lieuthereof:The inland wetlands agencies authorized in section 22a-42, shall through regulation providefor the manner in which the boundaries of inland wetland areas in their respectivemunicipalities shall be established and amended or changed.No regulations of the inland wetlands agency including boundaries of inland wetland areasshall become effective or be established until after a public hearing in relation thereto is heldby the inland wetlands agency, at which parties in interest and citizens shall have anopportunity to be heard. Notice of the time and place of such hearing shall be published in theform of a legal advertisement, appearing in a newspaper having a substantial circulation inthe municipality at least twice at intervals of not less than two days, the first not more thantwenty-five days nor less than fifteen days, and the last not less than two-days, before suchhearing, and a copy of such proposed regulation or boundary shall be filed in the office of theTown, city or borough Clerk as the case may be, in such municipality, for public inspection atleast ten days before such hearing, and may be published in full in such paper. Suchregulations and inland wetland boundaries may be from time to time, amended, changed orrepealed, by majority vote of the inland wetlands agency, after a public hearing, in relationthereto, is held by the inland wetlands agency, at which parties in interest and citizens shallhave an opportunity to be heard and for which notice shall be published in the mannerspecified in this subsection. Regulations or boundaries or changes therein shall becomeeffective at such time as is fixed by the inland wetlands agency, provided a copy of suchregulation, boundary or change shall be filed in the office of the town, city or borough Clerk,as the case may be. Whenever an inland wetland agency makes a change in regulations orboundaries it shall state upon its records the reason why the change was made. All petitionssubmitted in writing and in a form prescribed by the inland wetland agency, requesting achange in the regulations or the boundaries of inland wetland area shall be considered at apublic hearing in the manner provided for establishment of inland wetlands regulations andboundaries within ninety days after receipt of such petition. The inland wetland agency shallact upon the changes requested in such petition within sixty days after the hearing. Thepetitioner may consent to extension of the periods provided for in hearing and for adoption ordenial or may withdraw such petition. The inland wetlands agency may require a filing fee tobe deposited with the agency to defray the cost of publication of the notice required for ahearing.Effective March 16, 1977.Editor's Note: See Ch. 215, Inland Wetlands and Watercourses Regulations.SA-12. Act No. 77-40, May 31, 1977, Submission of Budget toElectors.SPECIAL ACT NO. 77-40AN ACT CONCERNING SUBMISSION OF THE TOWN BUDGET IN WESTON TO THEELECTORS IN REFERENDUM.Notwithstanding the provisions of section 7-7 of the General Statutes with respect to the petitionprocess for referendum on any item on the call of any town meeting, the town of Weston maysubmit the town budget to the electors in Weston for their approval in a referendum in accordancewith the procedure for such submission and approval in referendum as provided in the charter ofthe town of Weston as amended November 2, 1976.Approved May 31, 1977SA-13. Act No. 79-27, Payment of Fire District Expenses.Special Act No. 79-27AN ACT ALLOWING THE TOWN OF WESTON TO PAY EXPENSES OF THE GEORGETOWNFIRE DISTRICT ATTRIBUTABLE TO THE WESTON SECTION OF THE DISTRICT.Be it enacted by the Senate and House of Representatives in General Assembly convened:

A.B.C.D.E.F.G.H.Section 1. The town of Weston may appropriate funds for and contract with the Georgetown firedistrict for fire protection services within the Weston section of the Georgetown fire district. If thetown of Weston enters into such a contract with the Georgetown fire district for any fiscal year,then the town of Weston may pay any fire district tax bills rendered by the Georgetown fire districtfor such fiscal year on property taxable within the Weston section of the Georgetown fire district.Any appropriation for payment of such fire district tax bills, or contract with the Georgetown firedistrict, and any payment of such fire district tax bills must be approved by the legislative body ofthe town of Weston.Section 2. The town of Weston shall have the power, to the same extent as any of its taxpayerswithin the Georgetown fire district, to challenge the validity of any, some or all of the tax billsrendered by the Georgetown fire district for property in the Weston section of said district basedon improper assessment procedures, failure to equalize assessments within the district, or failureto properly levy the taxes, or any other basis on which the assessment and levy of the taxes doesnot conform to the correct procedure for a municipal corporation to assess and levy propertytaxes.The CodePart I: OrdinancesChapter 1. General Provisions[HISTORY: Adopted by the Town of Weston as indicated in article histories. Amendments notedwhere applicable.]Article I. Use and Construction; General Penalty[Adopted 2-3-1981 as §§1-2 to 1-6 and 1-8 of the 1981 Code]§1-1. Rules of construction.In the construction of this Code, and of all ordinances, the following rules shall be observed,unless the content clearly indicates otherwise:Board of Selectmen. This term refers to the Board of Selectmen of the Town of Weston,Connecticut.Code; this Code. Such terms shall refer to Part I, Ordinances, of the Code of the Town ofWeston.Gender. A word importing one gender only shall extend and be applied to the other gendersas well.Governing body. This term refers to the Board of Selectmen, except for those powersreserved to the Town Meeting by the Town Charter.Keeper and proprietor. The words "keeper" and "proprietor" shall mean and include persons,firms, associations, corporations, clubs and copartnerships, whether acting by themselves orthrough a servant, agent or employee.Number. A word importing the singular number only may extend and be applied to severalpersons and things as well as to one person and thing.Owner. The word "owner," applied to a building or land, shall include any part owner, jointowner, tenant in common, joint tenant, or tenant by the entirety of the whole or of a part ofsuch building or land.Person. The word "person" shall extend and be applied to associations, firms, partnershipsand bodies politic and corporate as well as to individuals.

I.J.K.L.M.N.O.P.Q.R.A.B.C.D.Personal property. The term "personal property" includes every species of property exceptreal property, as herein defined.Property. The word "property" shall include real and personal property.Real property. The term "real property" shall include lands, tenements and hereditaments.Sidewalk. The word "sidewalk" shall mean any portion of a street between the curbline andthe adjacent property line, intended for the use of pedestrians, excluding parkways.State. The words "the state" or "this state" shall be construed to mean the State ofConnecticut.State law or general law. "State law" or "general law" shall refer to the General Statutes ofConnecticut, as amended or revised, and may be abbreviated herein as Gen. Stats. or C.G.S.Street. The word "street" shall be construed to embrace streets, avenues, boulevards, roads,alleys, lanes, viaducts and all other public ways in the Town, except as otherwise defined bythe provisions of ordinances or regulations as set forth in this Code.Tenant; occupant. The word "tenant" or "occupant," applied to a building or land, shall includeany person holding a written or oral lease of, or who occupies, the whole or a part of suchbuilding or land, either alone or with others.Tense. Words used in the past or present tense include the future as well as the past andpresent.Town. The terms "Town" and "the Town" shall refer to the Town of Weston, in the State ofConnecticut, as shall the terms "municipal" and "the municipality."§1-2. Catchlines of sections.The catchlines of the several sections of this Code printed in boldface type are intended as merecatchwords to indicate the contents of the section and shall not be deemed or taken to be titles ofsuch sections, nor as any part of the section, nor, unless expressly so provided, shall they be sodeemed when any of such sections, including the catchlines, are amended or reenacted.§1-3. Amendments to Code; effect of new ordinances;amendatory language.All ordinances subsequent to this Code which may amend, repeal or in any way affect thisCode may be numbered in accordance with the numbering system of this Code and printedfor inclusion herein. In the case of chapters, sections and subsections or any part thereofrepealed by subsequent ordinances, such repealed portions may be excluded from the Codeby omission from reprinted pages affected thereby.Amendments to any of the provisions of this Code may be made by amending suchprovisions by specific reference to the section number of this Code in substantially thefollowing language: "That Section _____ of the Code of the Town of Weston, Connecticut, ishereby amended to read as follows: ______." The new provisions shall then be set out in fullas desired.In the event a new section not theretofore existing in the Code is to be added, the followinglanguage may be used: "That the Code of the Town of Weston, Connecticut, is herebyamended by adding a section to be numbered ______, which said section reads as follows:_____."All sections, articles, chapters or provisions desired to be repealed should be specificallyrepealed by section, article or chapter number, as the case may be.§1-4. Supplementation.

A.B.(1)(2)(3)(4)(5)C.A.B.A.B.C.By contract or by Town personnel, supplements to this Code shall be prepared and printedwhenever authorized or directed by the Board of Selectmen. A supplement to the Code shallinclude all substantive permanent and general parts of ordinances passed by the governingbody during the period covered by the supplement and all changes made thereby in theCode, and shall also include all amendments to the Charter adopted during the period, andmay include special acts and public acts relating to Weston enacted during the period. Thepages of a supplement shall be so numbered that they will fit properly into the Code and will,where necessary, replace pages which have become obsolete or partially obsolete, and thenew pages shall be so prepared that, when they have been inserted, the Code will be currentthrough the date of the adoption of the latest ordinance included in the supplement.In preparing a supplement to this Code, all portions of the Code which have been repealedshall be excluded from the Code by the omission thereof from reprinted pages.When preparing a supplement to this Code, the codifier (meaning the person, agency ororganization authorized to prepare the supplement) may make formal, nonsubstantivechanges in ordinances and parts of ordinances included in the supplement, insofar as it isnecessary to do so to embody them into a unified code. For example, the codifier may:Organize the ordinance material into appropriate subdivisions;Provide appropriate catchlines, headings and titles for sections and other subdivisions ofthe Code printed in the supplement and make changes in such catchlines, headings andtitles;Assign appropriate numbers to sections and other subdivisions to be inserted in theCode and, where necessary to accommodate new material, change existing section orother subdivision numbers;Change the words "this ordinance" or words of the same meaning to "this chapter," "thisarticle," "this division," etc., as the case may be, or to "sections ______ to _____"(inserting section numbers to indicate the sections of the Code which embody thesubstantive sections of the ordinance incorporated into the Code); andMake other nonsubstantive changes necessary to preserve the original meaning ofordinance sections inserted in the Code, but in no case shall the codifier make anychange in the meaning or effect of ordinance material included in the supplement oralready embodied in the Code.§1-5. Effect of repeal of ordinances.The repeal of an ordinance shall not revive any ordinances in force before or at the time theordinance repealed took effect.The repeal of an ordinance shall not affect any punishment or penalty incurred before therepeal took effect, nor any suit, prosecution or proceeding pending at the time of the repeal,for an offense committed under the ordinance repealed.§1-6. General penalty.Whenever in the Code or in any ordinance of the Town any act is prohibited or is made ordeclared to be unlawful or an offense, misdemeanor or public nuisance, or whenever in suchCode or ordinance the doing of an act is required or the failure to do any act is declared to beunlawful, the violation of such provision of this Code or any ordinance shall be punished by afine not to exceed $100 unless a different limit is imposed by law, in which case the differentlimit shall be the amount of the fine.Each day any violation of any provision of this Code or of any ordinance shall continue shallconstitute a separate offense, except as otherwise provided.The imposition of any punishment hereunder shall not prevent the enforced abatement of anyunlawful condition by the Town.Article II. Adoption of Code

A.B.C.D.E.F.G.H.I.J.K.L.[Adopted 6-10-2013]§1-7. Adoption.The compilation of the ordinances of the Town of Weston, codified and consolidated into chaptersand sections in the form attached hereto and made a part hereof, is hereby approved, adopted,ordained and enacted as the "Code of the Town of Weston, Connecticut," hereinafter called the"Code." All provisions contained in the compilation provided for herein and known as the "Code ofthe Town of Weston" shall be in force and effect on and after the effective date of this ordinance.§1-8. Continuation of existing provisions.The provisions of the Code, insofar as they are substantively the same as those ordinances inforce immediately prior to the enactment of the Code by this ordinance, are intended as acontinuation of such ordinances and not as new enactments, and the effectiveness of suchprovisions shall date from the date of adoption of the prior ordinance. All such provisions arehereby continued in full force and effect and are hereby reaffirmed as to their adoption by theTown.§1-9. Repealer.All ordinances or parts of ordinances of the Town of Weston of a general and permanent nature inforce on the date of the adoption of this ordinance which are inconsistent with any provisions ofthe Code are hereby repealed from and after the effective date of this ordinance. The adoption ofthis Code and the repeal of ordinances provided for in this section shall not affect the followingordinances, rights and obligations, which are hereby expressly saved from repeal:Any ordinance adopted subsequent to December 20, 2012.Any right or liability established, accrued or incurred under any legislative provision prior tothe effective date of this ordinance or any action or proceeding brought for the enforcement ofsuch right or liability.Any offense or act committed or done before the effective date of this ordinance in violation ofany legislative provision or any penalty, punishment or forfeiture which may result therefrom.Any prosecution, indictment, action, suit or other proceeding pending or any judgmentrendered prior to the effective date of this ordinance brought pursuant to any legislativeprovision.Any franchise, license, right, easement or privilege heretofore granted or conferred.Any ordinance providing for the laying out, opening, altering, widening, relocating,straightening, establishing of grade, changing of name, improvement, acceptance or vacationof any right-of-way, easement, street, road, highway, park or other public place or any portionthereof.Any ordinance appropriating money or transferring funds, promising or guaranteeing thepayment of money or authorizing the issuance and delivery of any bond or other instrumentsor evidence of the Town's indebtedness.Ordinances authorizing the purchase, sale, lease or transfer of property or any lawfulcontract, agreement or obligation.The levy or imposition of taxes, assessments or charges or the approval of the municipalbudget.The dedication of property or approval of preliminary or final subdivision plats.All currently effective ordinances pertaining to the rate and manner of payment of salaries andcompensation of officers and employees.Any ordinance adopting or amending the Zoning Map.

M. Any legislation relating to or establishing a pension plan or pension fund for municipalemployees.§1-10. Severability.If any clause, sentence, paragraph, section, article or part of this ordinance or of any ordinanceappearing in the Code or included in this Code through supplementation, or the application thereofto any person or circumstances, shall be adjudged by any court of competent jurisdiction to beinvalid, such judgment shall not affect, impair or invalidate the remainder thereof or the applicationthereof to other persons and circumstances but shall be confined in its operation to the clause,sentence, paragraph, section, article or part thereof and the persons and circumstances directlyinvolved in the controversy in which judgment shall have been rendered.§1-11. Copy of Code on file.A copy of the Code has been filed in the office of the Town Clerk of the Town of Weston and shallremain there for use and examination by the public until final action is taken on this ordinance; ifthis ordinance shall be adopted, such copy shall be certified to by the Town Clerk of the Town ofWeston, and such certified copy shall remain on file in the office of said Town Clerk to be madeavailable to persons desiring to examine the same during all times while said Code is in effect.The enactment and publication of this ordinance, coupled with the availability of a copy of theCode for inspection by the public, shall be deemed, held and considered to be due and legalpublication of all provisions of the Code for all purposes.§1-12. Amendments to Code.Any and all additions, deletions, amendments or supplements to any of the ordinances in theCode of the Town of Weston, or any new ordinances, when enacted or adopted in such form as toindicate the intention that they be a part thereof, shall be deemed to be incorporated into suchCode so that reference to the Code shall be understood and intended to include such additions,deletions, amendments or supplements. Whenever such additions, deletions, amendments orsupplements to the Code shall be enacted or adopted, they shall thereafter be inserted in theCode as amendments and supplements thereto.§1-13. Code to be kept up-to-date.It shall be the duty of the Town Clerk to keep up-to-date the certified copy of the Code of the Townof Weston required to be filed in the office of the Town Clerk for use by the public. All changes insaid Code and all ordinances adopted by the Town subsequent to the enactment of this ordinancein such form as to indicate the intention that they be a part of said Code shall, when finallyenacted or adopted, be included therein by temporary attachment of copies of such changes untilsuch changes are included as supplements to said Code.§1-14. Sale of Code; supplementation.Copies of the Code, or any chapter or portion of it, may be purchased from the Town Clerk of theTown of Weston or an authorized agent of the Town Clerk upon the payment of a fee to be set bythe Town. The Town Clerk may also arrange for procedures for the periodic supplementationthereof.§1-15. Penalties for tampering with Code.Any person who, without authorization from the Town Clerk, changes or amends, by additions ordeletions, any part or portion of the Code of the Town of Weston, or who alters or tampers withsuch Code in any manner whatsoever which will cause the legislation of the Town of Weston to be

A.(1)(2)B.[1]C.A.B.C.D.misrepresented thereby, or who violates any other provision of this ordinance, shall, uponconviction thereof, be subject to a fine of not more than $100.§1-16. Changes in previously adopted ordinances.In compiling and preparing the ordinances for publication as the Code of the Town of Weston,no changes in the meaning or intent of such ordinances have been made, except as providedin Subsections B and C of this section. Certain grammatical changes and other minornonsubstantive changes were made in one or more of said ordinances. It is the intention ofthe Town that all such changes be adopted as part of the Code as if the ordinances had beenpreviously formally amended to read as such.The following changes are made throughout the Code:References to specific chapters and sections of the Connecticut General Statutes areupdated to reflect the numbering of the statutes as of the publication of this Code.References to the Department of Environmental Protection and the Commissioner of theDepartment of Environmental Protection are revised to refer to the Department of Energyand Environmental Protection and the Commissioner of the Department of Energy andEnvironmental Protection, respectively.In addition, the amendments and/or additions as set forth in Schedule A attached hereto andmade a part hereof are made herewith, to become effective upon the effective date of thisordinance. (Chapter and section number references are to the ordinances as they have beenrenumbered and appear in the Code.)[1]Editor's Note: In accordance with §1-16C, the chapters, parts and sections which wereadded, amended, adopted or deleted by this ordinance are indicated throughout the Code bya footnote referring to Chapter 1, General Provisions, Article II. During routine supplementation,footnotes indicating amendments, additions or deletions will be replaced with the followinghistory: "Amended (added, repealed) 6-10-2013." Schedule A, which contains a completedescription of all the changes, is on file in the Town offices.§1-17. When effective.This ordinance shall take effect upon passage and publication as required by law.Chapter 7. Alarms[HISTORY: Adopted by the Town of Weston 11-7-1984, effective 1-1-1985 (Ch. 7.8, Art. II, of the1981 Code). Amendments noted where applicable.]GENERAL REFERENCESPolice Department—See Ch. 46, Art. I.§7-1. Findings.Emergency services in the Town have been heavily burdened with calls emanating fromautomatic alarm systems which are caused by mechanical malfunctions or other such falsealarms.Prolonged sound from audible alarm systems has disturbed residents and has resulted inexpenditures of Town moneys at great effort and risk in repeated attempts to silence suchalarms.It is, nevertheless, desirable to encourage residents to procure and properly use securitydevices and alarm systems.The general welfare and safety of the residents of the Town will be best served and protectedby the establishment of an ordinance requiring the registration of all systems and establishinga mechanism to reduce the number of false alarms and promote the responsible use of alarmdevices in Weston.

A.B.A.B.§7-2. Definitions.For the purposes of this chapter, certain words and terms shall be defined as follows:ALARM DEVICEAny device which, when activated, transmits a signal to the Town's communications center;which transmits a signal to a person, firm or corporation which in turn relays such signal to anemergency number; or which produces an external audible signal as an alert that anemergency exists.CENTRAL STATIONAn office to which remote alarm devices transmit signals where operators monitor thosesignals and relay information to the appropriate emergency service.EMERGENCY NUMBERAny telephone number designated by the Administrator as a number through which anemergency may be reported.FALSE ALARMAny activation of an alarm device to which an emergency service of the Town responds whichis not the result of an actual emergency.FISCAL YEARThe Town's fiscal year, July 1 through June 30.§7-3. Administrator.This chapter, including all registration requirements, shall be administered by the First Selectmanor his or her designee, who shall be known as the "Administrator."§7-4. Appeals Board.There shall exist an Appeals Board consisting of the Board of Selectmen or its designees. TheBoard shall have the powers and duties granted to it by this chapter.§7-5. Registration required.Each user of an existing alarm device shall register his/her alarm device with theAdministrator within 60 days of the effective date of this chapter. Any alarm system installedafter the effective date of this chapter shall be registered with the Administrator within 30days. Such registration shall set forth, but not be limited to, the name, address and telephonenumber of both the installer of the system and the user on whose premises the system isinstalled, as well as a description of the system. Such registration shall also set forth thenames, addresses, and telephone numbers of key holders who may gain entry to thepremises having the alarm device.Each central station shall register within 30 days with the Administrator, and any centralstation created after the effective date of this chapter shall register with the Administrator priorto the transmission of any signals to an emergency service.§7-6. Dialing devices.Any alarm device which automatically connects a telephone line to an emergency serviceshall transmit messages only to such numbers as may be designated for receipt of suchmessages by the Administrator.Automatic dialing devices coming directly into the communications center will be prohibited inany new systems. Existing dialers connected to the communications center must not send

A.B.(1)(2)(3)(4)A.B.more than two signals and must have no more than a one-minute interval between signals.Existing dialers connected to the communications center must be disconnected within twoyears or when ownership of the premises changes hands, whichever occurs first.§7-7. Exterior audible devices.Except as otherwise provided by law, no alarm device which produces an exterior audiblesound shall be installed unless its operation is automatically deactivated after no more than10 minutes.Within 60 days of enactment of this chapter, preexisting alarms which produce an exterioraudible sound shall be retrofitted so that they are automatically deactivated after no morethan 10 minutes.§7-8. Auxiliary power.All new systems shall have their own auxiliary power source which shall be maintained in workingorder.§7-9. Charges for false alarms.When the Administrator determines that a false alarm has occurred, the Administrator shallimpose a charge on the user of the responsible alarm device according to the followingschedule:For the first three false alarms in a fiscal year: no charge.For the fourth false alarm in a fiscal year: $20.For the fifth false alarm in a fiscal year: $35.For the sixth false alarm and any thereafter in a fiscal year: $50.Failure to pay any such charges within 30 days of the imposition thereof shall constitute aviolation of this chapter. Each month thereafter that the charge remains unpaid shallconstitute a separate violation.§7-10. Appeals from false alarm charges.Whenever a charge for a false alarm is imposed against a user, said user may, within 30 days ofthe imposition of the charge, appeal by filing a written notice of appeal with the Administrator. TheAdministrator or the Appeals Board shall set a time and place for hearing the appeal no later than20 days from receipt by the Administrator of the appeal. The Appeals Board shall render a writtendecision within five days of the conclusion of the hearing. The filing of an appeal shall stay thecollection of any of the charges imposed on the user until such time as a decision is rendered.Failure of an Appeals Board to act within the time limitations imposed in this section shall result inthe revocation of the charges from which the appeal was taken.§7-11. Disclaimer of liability.Except as expressly provided herein, the Town, its departments, officers, agents and employeesshall be under no obligation whatsoever concerning the adequacy, operation or maintenance ofany alarm system or of the alarm monitoring facilities. No liability whatsoever is assumed for thefailure of such alarm systems or monitoring facilities or for failure to respond to alarms or for anyother act or omission in connection with such alarm systems. Each alarm user shall be deemed tohold and save harmless the Town, its departments, officers, agents and employees from liability inconnection with the user's alarm device.

[1]A.B.[1]§7-12. Penalties for offenses.Any person who violates any provision of this chapter shall be subject to a fine of $90 for eachsuch violation. Each month that a violation remains uncorrected shall constitute a separateviolation.§7-13. Exceptions.The provisions of this chapter shall not apply to alarm devices on premises owned and occupiedby the Town or one of its departments or agencies, including the Board of Education, the State ofConnecticut or the United States of America nor to alarm devices installed in a motor vehicle,trailer or boat.Chapter 10. Alcoholic Beverages[HISTORY: Adopted by the Town of Weston as indicated in article histories. Amendments notedwhere applicable.]Article I. Consumption by Minors on Public Property[Adopted 9-10-1984, effective 10-3-1984 (Ch. 7.8, Art. I, of the 1981 Code)]§10-1. Prohibited acts.It shall be unlawful for any minor to possess or consume alcoholic beverages upon or within thepremises of any public park, beach, school or school grounds, parking lot, street, sidewalk, alley orpublic way, municipal building or any other public property owned or leased by the Town ofWeston.§10-2. Definitions.As used in this article, the following terms shall have the meanings indicated:MINORAny person under 21 years of age, unless the term "minor," as defined in §30-1(12) of theConnecticut General Statutes, as amended by P.A. 82-68, is further amended, in which casethis section shall be deemed to be consistent with the amended definition.[1]Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).§10-3. Penalties for offenses.Any person to whom the sale of alcoholic liquor is by law forbidden who purchases orattempts to purchase such liquor or who makes any false statement for the purpose ofprocuring such liquor shall be fined not less than $200 nor more than $500.Any minor who possesses any alcoholic liquor on any public street or highway, or in any otherpublic or private location, shall, for a first offense, have committed an infraction and for anysubsequent offense, be fined not less than $200 nor more than $500.Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).Chapter 12. Animals

(a)(b)(c)(1)A.[HISTORY: Adopted by the Town of Weston as indicated in article histories. Amendments notedwhere applicable.]GENERAL REFERENCESParks and recreation—See Ch. 135.Streets, sidewalks and public places—See Ch. 169.Town property—See Ch. 182.Article I. Dogs[Adopted 5-21-2015]§12-1. Purpose.The purpose of this chapter is to provide for the control of dogs while they are off the premises ofthe owner and for the removal of dog feces from public property and from the private property ofanother, as defined herein.§12-2. Definitions.When used in this chapter, the following words, terms, and phrases, and their derivations, shallhave the meanings ascribed to them in this section, except where the context clearly indicates adifferent meaning:AT LARGEThe dog is off the premises of the owner, and not on a leash, cord, chain, or other harness.DOGAny member of the canine species, male, female, neutered male or spayed female.OWNERAny person or persons, firm, association, partnership, LLC or corporation having temporary orpermanent custody of, sheltering or having charge of, harboring, exercising control over, orhaving property rights to a dog, or in the case of a person under the age of 18, the person'sparent or legal guardian. A dog shall be deemed to be harbored if it is fed or sheltered forthree or more consecutive days.PRIVATE PROPERTY OF ANOTHERProperty of any person or persons, firm, association, partnership, LLC or corporation, otherthan property of the owner or of the owner's family.PUBLIC PROPERTYTown-owned property and all property used for public or municipal purposes, including parks,recreation areas, playing fields, school grounds, sidewalks, easements, rights-of-way, and thetraveled portion of public streets and roads.SERVICE DOGA dog individually trained to do work or perform tasks for the benefit of an individual with adisability as set forth by the United States Department of Justice ADA Requirements forService Animals.§12-3. Leashing of dogs.Running at large.All dogs must be on a leash or harness at all times on the following Town properties:Scribner/Bisceglie Park (except trails).Trout Brook Valley.The school complex.

(d)(e)(f)(a)(b)(2)(a)(b)(c)(d)(3)B.C.D.E.A.B.C.The Town Hall complex, including the library.The Lachat Town Farm (lower field).The Town of Weston Recreation office Jarvis Property.Dogs must be on leash or harness on the following Town properties except as indicated:The trails at Scribner/Bisceglie before 9:00 a.m. year round, and before 2:00 p.m. onweekdays, September to June.Keene Park from July 1 through November 1.Dogs are not allowed at the following Town properties:Morehouse Farm Park.The Lachat Farm (excluding the lower field).All Department of Recreation playing fields.All Town of Weston Department of Education playing fields.Law enforcement excepted. The provisions of this section shall not apply to dogs owned orcontrolled by government law enforcement agencies or organized Fire Department personnelor persons authorized by said agencies or departments to engage in search and rescueactivity or training for any such activity.Service dogs excepted. The provisions of this section shall not apply to service dogs.Enforcement. The provisions of this section are designated for enforcement in accordancewith Sections 7-148 and 7-152c of the Connecticut General Statutes as amended. The Townof Weston may institute civil proceedings to enforce the provisions herein contained. Pursuantto Section 7- 148(c)(10)(A) this section may be enforced by citation issued by a designatedmunicipal officer or employee.Penalties for offenses. Violations of this section may be punishable by fine. At his discretion,the Animal Control Officer may issue a verbal warning for a first offense. The fine shall be inan amount of $75 for each violation. If such fine is not contested pursuant to Section IIIhereof, it shall be paid within 30 days of the date of issuance of the citation. If a fine is notpaid within 30 days of issuance or, if a hearing is requested, within 30 days of a decisionsustaining the violation, then the amount of the fine shall be doubled.§12-4. Disposal of dog waste.Removal of dog waste. If any dog shall defecate upon any public property, or the privateproperty of another, the owner of said dog shall immediately remove or cause to be removedfrom the property all feces deposited by said dog. If such feces are not removed, then theowner of said dog shall be deemed in violation of this section. These obligations shall notapply to the feces of a service dog accompanying a visually impaired person.Penalties for offenses. Violations of this section shall be punishable by fine. The fine shall bein an amount of $50 for each violation. If such fine is not contested pursuant to Section IIIhereof, it shall be paid within 30 days of the date of issuance of the citation. If said fine is notpaid within 30 days of issuance or, if a hearing is requested, within 30 days of a decisionsustaining the violation, then the amount of the fine shall be doubled.Enforcement. The provisions of this section are designated for enforcement in accordancewith Sections 7-148 and 7-152c of the Connecticut General Statutes as amended. The Townof Weston may institute civil proceedings to enforce the provisions herein contained. Pursuantto Section 7-148(c)(10)(A) this section may be enforced by citation issued by a designatedmunicipal officer or employee.§12-5. Hearing procedure.

A.(1)(2)(3)(4)B.C.D.E.F.Pursuant to the provisions of Section 7-152c of the Connecticut General Statutes, as amended,the Town of Weston adopts the provisions authorized by Section 7-152c and establishes a hearingprocedure, for violations cited under §§12-3 and 12-4 of this chapter, as follows:Hearing officers. The First Selectman shall appoint one or more Hearing Officers. No personwho serves as a police officer, member of the Police Commission, employee of the PoliceDepartment or person who issues citations shall serve as a Hearing Officer.Notice of citation. The municipality, acting by the First Selectman or the First Selectman'sdesignee, shall, at any time within 12 months from the expiration of the final period foruncontested payment of a fine, penalty, cost or fee for any citation issued under this chapter,send notice to the person cited. Such notice shall contain the following information:The allegations against the person cited, together with the amount of the fines, penalties,costs, or fees due.The fact that a person may contest his or her liability before a Hearing Officer by deliveryin person or by mail of a written notice within 10 days from the date of the notice.That if a hearing is not demanded, an assessment and judgment shall be entered againstthe person cited.Any such judgment may issue without further notice.Admission of liability. If an individual cited wishes to admit liability for any alleged violation, heor she may, without requesting a hearing, pay the full amount of the fines, penalties, costsand fees admitted to, in person or by mail, to an official designated by the First Selectman.Such payment shall be inadmissible in any proceeding, civil or criminal, to establish theconduct of such person or other person making the payment.Failure to demand hearing. Any person who does not deliver or mail written demand for ahearing within 10 days of the date of the first notice shall be deemed to have admitted liability,and the designated municipal official shall certify such person's failure to respond to theHearing Officer. The Hearing Officer shall thereupon enter and assess the fines, penalties,costs or fees provided for by the applicable ordinances.Request for hearing. Any person who requests a hearing within the time specified in thischapter shall be given written notice of the date, time and place for the hearing. Such hearingshall be held not less than 15 nor more than 30 days from the date of the mailing of thenotice, provided the Hearing Officer shall grant, upon good cause shown, any reasonablerequest by any interested party for postponement or continuance. An original or certified copyof the initial notice of violation shall be filed and retained by the municipality. The notice shallbe deemed to be a business record within the scope of Section 52-180 of the ConnecticutGeneral Statutes and evidence of the facts contained therein. The presence of the issuingofficial or police officer shall be required at the hearing if the accused so requests. A personwishing to contest his or her liability shall appear at the hearing and may present evidence onhis or her own behalf. A designated municipal official, other than the Hearing Officer, maypresent evidence on behalf of the municipality. Any person who fails to appear may bedefaulted and have an assessment by default entered against him or her upon a finding ofproper notice and liability under applicable statutes or ordinances. The Hearing Officer mayaccept from such person copies of police reports, investigatory and citation reports, and otherofficial documents by mail and may determine thereby that the appearance of such person isunnecessary. The Hearing Officer shall conduct the hearing in the order and form and withsuch methods of proof as he or she deems fair and appropriate. The rules regarding theadmissibility of evidence shall not be strictly applied, but all testimony shall be given underoath or affirmation. The Hearing Officer shall announce his or her decision at the end of thehearing. If the Hearing Officer determines that the person is not liable, he or she shall dismissthe matter and enter the determination in writing. If the Hearing Officer determines that theperson is liable for the violation, he or she shall enter and assess the fines, penalties, costs orfees against such person.Notice of assessment. If the assessment is not paid on the date of its entry, the HearingOfficer shall send by first class mail a notice assessment to the person found liable and shallfile, not less than 30 days nor more than 12 months after such mailing, a certified copy of thenotice assessment with the Clerk of the Superior Court facility designated by the Chief CourtAdministrator within the boundaries of the Judicial District in which the municipality is located,together with an entry fee of $8. A certified copy of the notice of assessment shall constitute arecord of assessment. Within such twelve-month period assessment against the same personmay be accrued and filed as one record of assessment. The Clerk of the Superior Court shall

G.[1][1][1]enter judgment in the amount of such record of assessment and court costs of $8 againstsuch person in favor of the municipality. Notwithstanding any other provision of theConnecticut General Statutes, the Hearing Officer's assessment, when so entered as ajudgment, shall have the effect of a civil money judgment, and a levy of execution on suchjudgment may be made without further notice to such person.Appeal. There shall exist a right of appeal in favor of any person against whom anassessment has been entered pursuant to the provisions of this chapter. An appeal shall beinstituted within 30 days of the mailing of notice of such assessment by filing a petition toreopen assessment, together with an entry fee in an amount equal to the entry fee for a smallclaims case pursuant to Section 52-259 of the Connecticut General Statutes in the SuperiorCourt designated by the Chief Court Administrator, which shall entitle such person to ahearing in accordance with the rules of the Judges of the Superior Court.Chapter 18. Boards, Committees and Commissions[HISTORY: Adopted by the Town of Weston as indicated in article histories. Amendments notedwhere applicable.]GENERAL REFERENCESElected boards and commissions—See Charter Art. 6.Appointed boards and commissions—See Charter Art. 8.Board of Ethics—See Ch. 64.Article I. Planning and Zoning Commission[Adopted 1-13-1950; amended 5-18-1951 (§2-50 of the 1981 Code)]§18-1. Adoption of statute; creation.The Town hereby adopts the provisions of Chapter 124, Title 8, of the General Statutes of thestate, and any amendment thereto which may hereafter be enacted, and does hereby constituteand create the Planning and Zoning Commission of the Town, with all the powers and dutiesspecified and provided in said chapter.[1]Editor's Note: See also Section6.2 of the Town Charter.Article II. Historic District Commission[Adopted 6-11-1970 (Ch. 2, Art. VII, of the 1981 Code)]§18-2. Establishment.There is hereby established an Historic District Commission.Editor's Note: See also Ch. 93, Historic Districts.§18-3. Membership.There shall be regular members and alternate members of the Historic District Commission asprovided in Section 8.2 of the Town Charter.Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).§18-4. Compensation; holding other office.All members of the Commission shall serve without compensation and shall hold no othermunicipal office.

[1][1]A.B.C.D.§18-5. Powers.The Commission shall have all powers granted pursuant to §§ 7-147a through 7-147k of theGeneral Statutes as now existing and as may be amended.Article III. Commission on Aging[Adopted 4-3-1974 (Ch. 2, Art. IV, of the 1981 Code); amended in its entirety 9-21-2006]§18-6. Establishment; composition; qualifications of members.There is established a Commission on Aging consisting of seven members, who shall be electorsof the Town. The members shall be persons interested in the consideration and solution of theproblems of the aging.Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).§18-7. Appointment and terms of members.Members of the Commission shall be appointed by the Board of Selectmen. Four of the initialappointments shall be for terms of two years and three for terms of one year. Thereafter eachmember shall serve for a period of two years or until a successor has been appointed.§18-8. Compensation and expenses.The members of the Commission so appointed shall serve without compensation but shall bereimbursed for their necessary expenses as approved by the Board of Selectmen.§18-9. Officers; utilizing services of electors.The Commission shall select a Chairman and such other officers as it deems necessary and shallutilize services of electors of the Town to carry out its functions.[1]Editor's Note: Original §2-44, Appropriations for Commission, which immediately followed thissection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).§18-10. Designation of agent.The Chairman of the Commission shall serve as the designated municipal agent for the purposesof §7-127b of the General Statutes or shall designate such agent who shall be an elector of theTown.§18-11. Functions.The commission shall be charged with these functions:To study needs, such as housing, health, transportation, recreation, employment, legal andfinancial problems.To coordinate community programs for the aging.To approve requests for government grants and projects for the aging.To assist the aging in learning about available community resources.

E.F.[1]A.To publicize resources and benefits.To assist the aging in applying for federal or other benefits.§18-12. Analysis of services by public and private agencies;report.The Commission shall analyze the services provided by public and private agencies and shallmake recommendations to the Board of Selectmen regarding the development of public servicesand integration of the services provided by public and private agencies. The Commission shallmake an annual report to the Board of Selectmen.Article IV. Board of Police Commissioners[Adopted 11-13-1974 (Ch. 2, Art. III, of the 1981 Code)]§18-13. Establishment.The Board of Police Commissioners is hereby established pursuant to the provisions of the TownCharter and the General Statutes of the state.§18-14. Membership; holding other office.The Board of Police Commissioners shall consist of members as provided in Section 6.2 of theTown Charter. No member of such Board shall hold any other elective or paid office of or with theTown.Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).§18-15. Election and terms of office.The Board of Police Commissioners shall be elected as provided in the Town Charter, whoseterms shall be as provided therein.§18-16. Political party representation; serving until qualificationof successors.The membership of the Board of Police Commissioners shall be made up of members of politicalparties as provided in the Charter and shall serve until their successors are elected and qualified.§18-17. Vacancies.In the event of a vacancy, the vacancy shall be filled as provided in the Charter.§18-18. Powers and duties.The Board of Police Commissioners shall have all of the powers and duties provided to aboard of police commissioners by the General Statutes of the state, including but not limitedto the following powers and duties:

[1](1)(2)(3)(4)B.Subject to approval by the Board of Selectmen, the creation of a Town PoliceDepartment.[1]Editor's Note: See also Ch. 46, Art. I, Police Department.The general management and supervision of the Town Police Department.The right to make all regulations for the government of the Town Police Department.The right to prescribe suitable penalties for violations of Town Police Departmentregulations, including but not limited to suspension or removal from office of any officer ormember of the Police Department for cause.The Board shall have the sole power of appointment, promotion and removal of officers of theTown Police Department under and pursuant to its regulations.Article V. School and General Building Committee[Adopted 11-15-1978 (Ch. 2, Art. II, of the 1981 Code)]§18-19. Created; composition.There shall be a School and General Building Committee for the Town, consisting of sevenmembers, not more than four of whom shall be members of the same political party.§18-20. Terms of office.On April 1, 1979, the Board of Selectmen shall appoint four members of the Committee to servefor terms of three years and three members to serve for terms of two years.§18-21. Members to serve until successors are sworn.All members of the Committee shall serve until their successors are appointed and sworn.§18-22. Vacancies.Vacancies on such Committee shall be filled by the Board of Selectmen as soon as practical afterthey occur.§18-23. Officers; approving expenditures.The Committee shall elect its own officers and shall be empowered to approve the expenditure ofsuch funds as may be appropriated for its purpose.§18-24. Effect on other boards.No provision contained herein shall be deemed to diminish any power heretofore granted to theBoard of Education or the Board of Selectmen pursuant to the provisions of the Charter of theTown or the General Statutes of the state.§18-25. Establishment of working criteria.

A.B.C.D.E.F.[1]The Committee shall establish working criteria for use by the various Town agencies in theselection of professional services.§18-26. Review of building projects.Town agencies undertaking a building project, with the exception of highway projects dulyauthorized by the Selectmen, will meet with this Committee in order to review the establishedworking criteria prior to seeking funding for the project or selecting the architect. All subsequentmeetings on the building project will have representatives from the Committee to ensurecontinuity.§18-27. Functions and duties.The Committee shall perform such functions and duties as may be necessary to successfullyimplement and complete all municipal and school construction, including privately fundedconstruction on municipal property and excepting highway construction under an approvedhighway budget. Such functions and duties shall include, but not be limited to, the following:The review and approval of contracts for the professional services of architects andengineers. The Committee shall be designated agent of the First Selectman to sign suchcontracts when approved by the Board of Selectmen and the Board of Finance.The review and acceptance of bids from contractors.Continual review of progress plans, specifications, and bid documents as regards thetechnical aspects of the project and the final approval of said plans, specifications and biddocuments.The review and approval of contracts.The general supervision of all municipal construction projects.The approval of all payments made to contractors and vendors and for professional servicesas contracted.Article VI. Parks and Recreation Commission[Adopted 11-15-1978; amended 10-15-1979 (Ch. 2, Art. VI, of the 1981 Code)]§18-28. Established; composition.There is hereby established a Parks and Recreation Commission of the Town consisting of sevenmembers, as provided in Section 8.2 of the Charter.Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II). See alsoCh. 135, Parks and Recreation.§18-29. Appointment; terms of office.The members of such Commission shall be appointed by the Board of Selectmen for terms of fouryears.§18-30. Officers.The members of such Commission shall elect officers of the Commission from its members. Suchelection shall take place not later than January 1 following each biennial municipal election.

A.B.C.A.B.C.D.E.F.[1]A.§18-31. Powers and duties.The Parks and Recreation Commission shall plan, manage and supervise the use of parks,playgrounds, outdoor swimming areas, play fields, indoor recreation areas and other recreationareas and facilities owned or controlled by the Town, including all athletic facilities used forscholastic sports, except those under the jurisdiction of the Board of Education. It shallrecommend and approve regulations for the use of recreation facilities for adoption by the Boardof Selectmen. It shall also provide for the maintenance of the areas and facilities over which it hasjurisdiction. Additionally, the Commission shall develop, sponsor and/or conduct recreationprograms, classes and activities for the Town as deemed appropriate by the Commission. It shallcooperate with other Town officials, boards and commissions and with private and publicorganizations concerning recreational plans, facilities, programs and activities, providing supportand assistance for the overall recreation activity in the Town.Article VII. Aquifer Protection Agency[Adopted 12-1-2005, effective 1-12-2006]§18-32. Designation and membership.In accordance with the provisions of C.G.S. § 22a-354a et seq., the Planning and ZoningCommission is hereby designated as the Aquifer Protection Agency (hereinafter the"Agency") of the Town of Weston. The staff of the Planning and Zoning Commission shallserve as the staff of the Agency.Members of the Planning and Zoning Commission shall serve coexisting terms on theAgency. The membership requirements of the Agency shall be the same as those of thePlanning and Zoning Commission including, but not limited to the number of members, terms,method of selection and removal of members, and filling of vacancies.At least one member of the Agency or staff of the Agency shall complete the course intechnical training formulated by the Commissioner of Energy and Environmental Protection ofthe State of Connecticut, pursuant to C.G.S. §22a-354v.§18-33. Adoption of regulations by Agency.The Agency shall adopt regulations in accordance with both C.G.S. §22a-354p and Regulationsof Connecticut State Agencies (R.C.S.A.) §22a-354i-3. Said regulations shall provide for:The manner in which boundaries of aquifer protection areas shall be established andamended or changed.Procedures for the regulation of activity within the area.The form for an application to conduct regulated activities within the area.Notice and publication requirements.Criteria and procedures for the review of applications.Administration and enforcement of the regulations.Editor's Note: See Ch. 207, Aquifer Protection Area Regulations.§18-34. Inventory of land use.In order to carry out the purposes of the Aquifer Protection Program, the Agency will conductan inventory will conduct an inventory of land use within the area to assess potentialcontamination sources.

B.[1][1]Not later than three months after approval by the Commissioner of the ConnecticutDepartment of Energy and Environmental Protection of Level B mapping of aquifers, theAgency will inventory land uses overlying the mapped zone of contribution and rechargeareas of such aquifers in accordance with guidelines established by the Commissionerpursuant to C.G.S. § 22a-354f. Such inventory shall be completed not more than one yearafter authorization of the Agency. (C.G.S. §22a-354e)Chapter 23. Building Construction[HISTORY: Adopted by the Town of Weston as indicated in article histories. Amendments notedwhere applicable.]GENERAL REFERENCESSchool and General Building Committee—See Ch. 18, Art. V.Numbering of buildings—See Ch. 27.Historic Districts—See Ch. 93.Aquifer protection area regulations—See Ch. 207.Floodplain management regulations—See Ch. 212.Inland wetlands and watercourses regulations—See Ch. 215.Subdivision regulations—See Ch. 230.Zoning regulations—See Ch. 240.Article I. Building Code and Stop Order Violations[Adopted 6-13-1973 (Ch. 3 of the 1981 Code)]§23-1. Violation of Building Code or conditions of permit.Any person who shall violate any provision of the Building Code of the state, as the same hasbeen adopted as the Building Code of the Town, or who shall fail to comply with any of therequirements thereof, or who shall erect, construct or alter or repair any structure in violation ofany approved plan or permit issued by the Building Inspector of the Town or of any permit orcertificate issued under the provisions of the Building Code, shall be subject to a penalty asprescribed in § 29-254a of the General Statutes. Each day that a violation continues shall bedeemed a separate offense under the provisions of this code.Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).§23-2. Violation of stop order.Any person who shall continue any work in or about any building or premises after having beenserved with a validly issued stop order by the Building Inspector of the Town shall be subject to apenalty as prescribed in § 29-254a of the General Statutes. Each day that a violation continuesshall be deemed a separate offense under the provisions of this code.Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).Article II. Building Permits Withheld for Delinquent Taxes[Adopted 1-17-2001, effective 3-1-2001]§23-3. Authority; approval to be withheld.Pursuant to §7-148 of the Connecticut General Statutes, as such statute may be amended fromtime to time, the approval of all building permit applications by the Building Department shall bewithheld for any property upon which taxes are delinquent for the property for which the permit isto be issued. The delinquent taxes shall be paid or a suitable payment plan shall be approved bythe Tax Collector before a building permit application can be approved.§23-4. Forms and procedures.

[1][1]The Tax Collector and the Building Inspector shall develop the necessary forms and procedures toimplement this article.Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).§23-5. Exception for emergencies.The Building Inspector may grant a building permit on properties upon which taxes are delinquentif he certifies in writing to the Tax Collector that an emergency exists affecting the health or safetyof the occupants of a building upon which the building permit is sought, provided that theconstruction to be undertaken, pursuant to the building permit, is for the purpose of correcting theemergency affecting the health or safety of the occupants only.Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).§23-6. Determination of delinquency.For the purposes of this article, "delinquent" shall have the meaning found in Connecticut GeneralStatutes §12-146. Taxes due may become delinquent notwithstanding an appeal from a decisionof the Board of Assessment Appeals, and the Tax Collector may pursue collection thereof to theextent authorized by Connecticut General Statutes §12-117a.Article III. Carbon Monoxide Detectors[Adopted 7-9-2009]§23-7. Detectors required; applicability.The following article requiring operable carbon monoxide (CO) alarms in certain structures withinthe Town for the protection of the public health and safety is hereby adopted. This article shallapply throughout the Town of Weston and all applicable structures therein.§23-8. Purpose.Recognizing that exposure to carbon monoxide (CO), a colorless, odorless gas, can causeheadaches, dizziness, nausea, faintness, and, at high levels, death, the following article isenacted for the purpose of protecting the public health and safety of the residents of the Town byrequiring operable carbon monoxide alarms in certain structures, thereby hopefully reducing thenumber of injuries and fatalities resulting from carbon monoxide (CO) poisoning.§23-9. Definitions.As used in this article, the following terms shall have the meanings indicated:CARBON MONOXIDE (CO) ALARMA device sensing invisible particles of carbon monoxide that is either battery-powered or AC-powered with battery backup, that has been installed in accordance with its manufacturer'srecommendations, which, when activated, will provide some form of visual or audible alarm,and which has been either UL (Underwriters' Laboratories, Inc.) listed or CSA (CanadianStandards Association) approved. (CO alarms installed prior to January 1, 2004, are notsubject to the requirements stated above as to the power source for the CO alarm.)CHILD-CARE FACILITYIncludes child-care centers, family child-care homes, and any other child care arrangementthat provides child care, regardless of the time of day, wherever operated, and whether or notoperated for profit.COMMERCIAL BUILDING

A.B.Any building used for commercial purposes and shall include, but is not limited to, stores,offices, schools, churches, gymnasiums, libraries and eating establishments.DWELLINGA building designed or occupied for residential purposes and having either.One dwelling unit, i.e., a single-family dwelling; orTwo dwelling units, i.e., a duplex or apartment.DWELLING UNITA single unit providing complete and independent living facilities for one or more personsincluding permanent provisions for living, sleeping, eating, cooking and sanitation.MUNICIPAL BUILDINGAny building or structure owned wholly or in part by the Town.PERSONAn individual, firm, partnership, and association, public or private institution, municipality,political subdivision of the Town, governmental agency or a public or private corporation,organized or existing under the laws of this state.§23-10. Dwelling units.Every dwelling unit shall contain at least one operable carbon monoxide (CO) alarm installed inaccordance with the manufacturer's recommendations. This provision shall apply to existingdwelling units in addition to dwelling units to be constructed in the future.§23-11. Rental of dwelling units.It shall be unlawful for anyone to rent or lease to another a dwelling unit unless that dwelling unithas in it at least one operable carbon monoxide (CO) alarm installed in accordance with themanufacturer's recommendations. This provision shall apply to existing dwelling units in additionto dwelling units to be constructed in the future. The landlord shall replace or repair the carbonmonoxide (CO) alarms within 15 days of receipt of notification if the tenant notifies the landlord ofneeded replacement or repairs in writing. The landlord shall ensure that a carbon monoxide (CO)alarm is operable and in good repair at the beginning of each tenancy. The tenant shallperiodically inspect the carbon monoxide (CO) alarm to ensure operability and notify the landlordin writing of any needed repairs, test and replace batteries in any battery-operated carbonmonoxide (CO) alarms as needed during the tenancy, and do nothing to disable carbon monoxide(CO) alarms. Failure of the tenant to replace the batteries as needed shall not be considered asnegligence on the part of the tenant or the landlord.§23-12. Child-care facilities.Every child-care facility shall contain at least one operable carbon monoxide (CO) alarm installedin accordance with the manufacturer's recommendations. This provision shall apply to existingchild-care facilities in addition to child-care facilities to be constructed in the future.§23-13. Commercial buildings.All commercial buildings shall have operating carbon monoxide (CO) alarms on each floor levelinstalled in accordance with the manufacturer's recommendations. The building landlord shallensure that all carbon monoxide (CO) alarms are operable and in good repair within the structure.The tenant shall periodically inspect the carbon monoxide (CO) alarm to ensure operability andnotify the landlord in writing of any needed repairs, test and replace batteries in any battery-operated carbon monoxide (CO) alarms as needed during the tenancy, and do nothing to disablecarbon monoxide (CO) alarms. Failure of the tenant to replace the batteries as needed shall notbe considered as negligence on the part of the tenant or the landlord.

(a)(b)(1)(2)A.B.A.B.§23-14. Municipal buildings.All municipal buildings shall have operating carbon monoxide (CO) alarms on each floor levelinstalled in accordance with the manufacturer's recommendations. The Town shall ensure that allcarbon monoxide (CO) alarms are operable and in good repair within the structure. Failure of theTown to replace the batteries as needed shall not be considered as negligence on the part of theTown.§23-15. Enforcement.This article may be enforced in any one or more of the following ways as prescribed:Civil penalty.A civil penalty of $50 for each of the first five days and $100 for each day thereafter ofviolation of this article may be assessed by the Fire Marshal against any person who:Fails to install an operable carbon monoxide (CO) alarm; orFails to make operable an existing carbon monoxide (CO) alarm; as required by thisarticle within 30 days after having been issued a warning requesting correction of aviolation of these regulations.Failure to pay a civil penalty or file an appeal within 30 days after notification of theviolation shall result in an additional penalty of $50. The Board of Selectman mayestablish procedures for the collection of the civil penalties and may enforce collection ofthe penalties by a civil action in the nature of debt. Any person upon whom a civil penaltyis levied by the Fire Marshal shall have a right to file an appeal with the First Selectman'soffice at any time prior to the date the civil penalty becomes delinquent. Upon receipt of atimely exception, the Fire Marshal shall arrange a conference with the person to affordhim an opportunity to present any evidence or argument he/she may have regarding thecivil penalty. Within 15 days after the conference, the Fire Marshal shall give writtennotice to the person of his final decision. In cases in which no rebate or refund is granted,the person shall have 15 days from the date the notice from the Fire Marshall is mailed toappeal the Fire Marshal's decision to the First Selectman, or his/her designee. Theperson must pay the civil penalty prior to any hearing before the First Selectman orhis/her designee. The First Selectman, or his/her designee, shall have the authority toauthorize a rebate or refund of the civil penalty if he/she concludes the civil penalty is notowed. The First Selectman's decision, or that of his/her designee, shall not be subject toreview.Injunction. The provisions of this article may be enforced by civil action, including aninjunction. Only the Board of Selectman may authorize initiation of a civil action seeking aninjunction or to collect a civil penalty.§23-16. Jurisdiction.This article shall apply throughout the Town of Weston.§23-17. Effective dates.For any new construction, these regulations shall go into effect on September 1, 2009.For any dwelling units (owner-occupied or rental), commercial buildings, child-care facilities,or municipal buildings, these regulations shall go into effect on January 1, 2010, for all suchstructures for which a certificate of occupancy has been issued either prior to or after thatdate.Chapter 27. Buildings, Numbering of

A.B.[HISTORY: Adopted by the Town of Weston 5-4-1989, effective 6-7-1989. Amendments notedwhere applicable.]GENERAL REFERENCESBuilding construction—See Ch. 23.Subdivision regulations—See Ch. 230.§27-1. Intent and purpose.It is the intent and purpose of this chapter to establish an effective and easily recognizablesystem for the exact location of various residential units in the Town of Weston to ensure therapid location of any residential unit by emergency vehicles.The numbers for each residential unit shall correspond to the numbers recorded in the officialrecords of the Assessor.§27-2. Numbers required; size and placementThe owner of each residential unit shall affix thereto a number designating the street number ofthe residential unit. Such number shall be no less than three inches in height, shall be in a colorcontrasting to the area to which it is affixed, shall be visible from the street to which such numberrelates and shall be located in close proximity to the main entrance of the residential unit facingsaid street. In case of a residential unit more than 50 feet from said street, the owner shall, inaddition to the number described above, display a number meeting the specifications set forthherein on a mailbox, fence or post located at the property line reasonably adjacent to said street,the side of the driveway or sidewalk in such a manner as to make said number visible from thestreet. If the number is placed upon a mailbox adjacent to the street, the number shall be placedon each side of the mailbox in a location visible from the street. If more than one residential unit islocated on a single driveway, the owner of each residence on the driveway shall, in addition to theresidence number on the street, affix the number at the intersection of the driveway where hisresidence is located.§27-3. Penalties for offenses.Property owners who violate this chapter for the first time shall be notified by mail to correct theviolation within 30 days of the notification. Subsequent violations shall be subject to a fineestablished by the Board of Selectmen. The amount of such fine may, from time to time, beamended by the Board of Selectmen.Chapter 29. Bulky Printed Material[HISTORY: Adopted by the Town of Weston effective 6-2-2011 (Ch. 11A of the 1981 Code).Amendments noted where applicable.]§29-1. Purpose.The purpose of this chapter is to protect the public safety of persons, reduce unnecessaryenvironmental waste, and save money for the residents of the community of Weston byestablishing standards for the placement of unsolicited bulky printed materials on private property.These standards are designed to protect and promote the public welfare, health and safety ofpersons within the community, and to aid in the development and promotion of community affairs.§29-2. Definitions.As used in this chapter, the following terms shall have the meanings indicated:BULKY PRINTED MATERIAL

A.B.(1)(2)(3)C.[1]A.B.Any commercial, advertising or promotional document consisting of more than 100 pages.PERSONAny natural person or any business, legal or governmental entity or association.§29-3. Rules and regulations.No person shall cause to be thrown, deposited or distributed any unsolicited bulky printedmaterial in or upon any private premises if requested by the resident thereof not to do so.Any unsolicited bulky printed material caused to be thrown, deposited or distributed in or uponany private premises shall bear, in conspicuous print on the front cover and/or in the table ofcontents thereof 1) a statement that the resident has the option not to receive such material,and 2) a toll-free number, mailing address, website address or electronic mailing address thatthe resident may use to provide notice that such resident no longer wishes to receive suchmaterial. Such material shall not be distributed to the resident at such premises, beginning 90days after the request is made, for a period of three years after such notice is given.Even if the resident of any private premises has not elected to opt-out pursuant toSubsections A and B of this section, the following provisions shall apply to such privatepremises:No person shall cause to be thrown, deposited or distributed any unsolicited bulky printedmaterial in or upon such private premises if doing so would produce litter, as defined inC.G.S. §22a-248(4).Any person who causes to be thrown, deposited or distributed any unsolicited bulkyprinted material in or upon any private premises shall retrieve any such bulky printedmaterial that residents do not pick up within 30 days.Any person who causes to be thrown, deposited or distributed any unsolicited bulkyprinted material in or upon any private premises shall pay for all costs incurred by theTown in cleaning up litter caused by such unsolicited bulky printed material found onsidewalks, streets, and in storm drains.§29-4. Penalties for offenses; enforcement.Any person violating any of the provisions of this chapter shall be fined $90 for each suchviolation. Each such occurrence of a violation and each day such a violation is permitted tocontinue shall constitute a separate violation and shall be subject to a separate penalty. Allfines imposed under this section shall be enforced by citations issued by the enforcing officer,defined as the First Selectman or his/her designee, acting pursuant to the provisions ofSection 5.1 of the Town Charter. The enforcing officer shall follow the applicable proceduresset forth in C.G.S. §7-152c.[1]Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).The First Selectman is hereby authorized to appoint an Appeals Committee consisting ofthree residents of the Town of Weston, appointed by the First Selectman and approved by theBoard of Selectmen, who shall act by majority vote as citation hearing officers, pursuant to theapplicable provisions of C.G.S. §7-152c, in all hearings for alleged violations of this chapter.§29-5. Jurisdiction.This chapter shall apply throughout the Town of Weston.Chapter 32. Burning, Outdoor[HISTORY: Adopted by the Town of Weston 9-6-1990, effective 1-30-1991 (Ch. 5 of the 1981Code). Amendments noted where applicable.]

A.B.C.D.E.F.G.H.I.J.K.L.A.B.§32-1. Burning regulations; permit required.The following regulations shall govern burning in the Town of Weston:All burning conditions shall be determined by the Fire Marshal, and every holder of a burningpermit issued by the Fire Marshal shall contact the Communications Center beforecommencing to burn.Fire permits shall be obtained for all outdoor burning, except burning in barbecue grills oroutdoor fireplaces.A special permit shall be obtained from the Fire Marshal for the burning of fields, or burningfor commercial brush removal, when no alternate means of disposal is available.There shall be no burning within 25 feet of any road or highway.There shall be no burning on high-hazard days, as determined by the Fire Marshal.Burning shall be permitted only between the hours of 10:00 a.m. and 5:00 p.m. All fires shallbe extinguished by 5:00 p.m.There shall be no burning in the case of windy conditions (wind velocity of 15 miles per houror more); under such conditions, all burning permits that have been issued shall beautomatically void.Burning permits shall be valid for one day only.Burning permits in no way relieve a person from the responsibility for damage caused by hisfire to another person's property.During a smog alert there will be no burning outdoors until the State of Connecticut lifts theban.Burning permits will continue to be issued, subject to the Fire Marshal's instructions.The burning of garbage or other household waste is forbidden at all times; no building scraps,asphalt shingles, or leaves shall be burned at any time in the Town of Weston.§32-2. Penalties for offenses; enforcement.There is imposed a fine of $90 for each violation of these regulations, to be enforced by thePolice Department and Fire Marshal. All fines and costs of suppression shall be enforced bycitations issued by the Fire Marshal. The Fire Marshal shall issue a written warning providingnotice of any specific violation and/or cost of suppression before issuing the citation.For any violation of these regulations which requires Fire Department personnel to extinguishfires, violators will be fined $90 plus suppression costs at the rate of $15 per hour, perfireman. All fines and costs of suppression shall be enforced by citations issued by the FireMarshal. The Fire Marshal shall issue a written warning providing notice of any specificviolation and/or cost of suppression before issuing the citation.Chapter 39. Citations[HISTORY: Adopted by the Town of Weston effective 7-28-1999; amended in its entirety 12-6-2018, effective 12-29-2018. Subsequent amendments noted where applicable.]GENERAL REFERENCESInland wetlands and watercourses regulations—See Ch. 215.Zoning regulations—See Ch. 240.Article I. Zoning

[1][1][1]A.B.C.[1]§39-1. Purpose.The purpose of this article is to enable the Town of Weston to more effectively enforce its ZoningRegulations,[1] with the implementation of fines for violations. This article creates an additional,local enforcement procedure but not an exclusive alternative. This article is not intended, and itshall not be construed, as limiting or supplanting the enforcement remedies existing underConnecticut General Statutes §8-12.Editor's Note: See Ch. 240, Zoning Regulations.§39-2. Definitions.Except where specifically defined herein, all words shall carry their customary meaning. As usedin this article, the following terms shall have the meanings indicated:CODE ENFORCEMENT OFFICERThe Zoning Inspector, also known as the "Zoning Enforcement Officer" and "ComplianceOfficer," appointed by the Planning and Zoning Commission.COMMISSIONThe Planning and Zoning Commission of the Town of Weston.REGULATIONSThe Zoning Regulations of the Town of Weston, as the same may be amended from time totime by the Planning and Zoning Commission.[1]Editor's Note: See Ch. 240, Zoning Regulations.§39-3. Issuance of citations.The Code Enforcement Officer is hereby authorized to issue citations for violations of the ZoningRegulations of the Town of Weston[1] to the extent and in the manner provided by this article,provided that the Code Enforcement Officer issues a written warning providing notice of thespecific violation before issuing the citation. Any such citation may be served either by handdelivery or by certified mail, return receipt requested, to the person named in such citation. If theperson named in a citation sent by certified mail, return receipt requested, fails or refuses toaccept such mail, the citation may then be sent by certified mail (without return receipt). The CodeEnforcement Officer shall retain a copy of the citation.Editor's Note: See Ch. 240, Zoning Regulations.§39-4. Contents of citation.The citation shall inform such person:Of the allegations against him or her and the amount of the fines.That the person has a period of 10 days from the date of the citation (i.e., the date of handdelivery or the date the citation was mailed) to make an uncontested payment of the fines.That payments shall be made payable to the Treasurer of the Town of Weston at Town Hall.§39-5. Violations for which citations may be issued.A citation may be issued by the Code Enforcement Officer for any violation of the ZoningRegulations.[1]Editor's Note: See Ch. 240, Zoning Regulations.§39-6. Amount of fine.

[1][1]A.B.C.The fine for each such citation under this article shall be $150 and shall be payable to theTreasurer of the Town of Weston. Each day that any violation continues shall be deemed aseparate offense for which a separate citation may be issued.Article II. Wetlands and Watercourses§39-7. Purpose.The purpose of this article is to enable the Town of Weston to more effectively enforce its InlandWetlands and Watercourses Regulations,[1] with the implementation of fines for violations. Thisarticle creates an additional, local enforcement procedure but not an exclusive alternative. Thisarticle is not intended, and it shall not be construed, as limiting or supplanting the enforcementremedies existing under Connecticut General Statutes §22a-44.Editor's Note: See Ch. 215, Inland Wetlands and Watercourses Regulations.§39-8. Definitions.Except where specifically defined herein, all words shall carry their customary meaning. As usedin this article, the following terms shall have the meanings indicated:CODE ENFORCEMENT OFFICERThe Wetlands Enforcement Officer, also known as the "Compliance Officer," appointed by theBoard of Selectmen.COMMISSIONThe Conservation Commission of the Town of Weston.REGULATIONSThe Inland Wetlands and Watercourses Regulations of the Town of Weston, as the same maybe amended from time to time by the Conservation Commission.[1]Editor's Note: See Ch. 215, Inland Wetlands and Watercourses Regulations.§39-9. Issuance of citations.The Code Enforcement Officer is hereby authorized to issue citations for violations of theregulations, to the extent and in the manner provided by this article, provided that the CodeEnforcement Officer issues a written warning providing notice of the specific violation beforeissuing the citation. Any such citation may be served either by hand delivery or by certified mail,return receipt requested, to the person named in such citation. If the person named in a citationsent by certified mail, return receipt requested, fails or refuses to accept such mail, the citationmay then be sent by certified mail (without return receipt). The Code Enforcement Officer shallretain a copy of the citation.§39-10. Contents of citation.The citation shall inform such person:Of the allegations against him or her and the amount of the fines.That the person has a period of 10 days from the date of the citation (i.e., the date of handdelivery or the date the citation was mailed) to make an uncontested payment of the fines.That payments shall be made payable to the Treasurer of the Town of Weston at Town Hall.§39-11. Violations for which citations may be issued.

[1]A.B.A.A citation may be issued by the Code Enforcement Officer for any violation of the Inland Wetlandsand Watercourses Regulations.[1]Editor's Note: See Ch. 215, Inland Wetlands and Watercourses Regulations.§39-12. Amount of fine.The fine for each such citation under this article shall be $250 and shall be payable to theTreasurer of the Town of Weston for deposit into the general fund of the Town. Each day that anyviolation continues shall be deemed a separate offense for which a separate citation may beissued.§39-13. through §39-19. (Reserved)Article III. Ordinances§39-20. Purpose.The purpose of this article is to enable the Town of Weston to more effectively enforce its Code ofOrdinances with the implementation of fines for violations. This article creates an additional, localenforcement procedure but not an exclusive alternative. This article is not intended, and it shallnot be construed, as limiting or supplanting the enforcement remedies existing under theConnecticut General Statutes.§39-21. Definitions.Except where specifically defined herein, all words shall carry their customary meaning. As usedin this article, the following terms shall have the meanings indicated:CODEThe Town of Weston Code of Ordinances, as the same may be amended from time to time bythe Board of Selectmen or Town Meeting.CODE ENFORCEMENT OFFICERThe Compliance Officer of the Town of Weston.§39-22. Issuance of citations.The Code Enforcement Officer is hereby authorized to issue citations for violations of theCode to the extent and in the manner provided by this article, provided that the CodeEnforcement Officer issues a written warning providing notice of the specific violation beforeissuing the citation.Any such citation may be served either by hand delivery or by certified mail, return receiptrequested, to the person named in such citation and to any lienholder pursuant to C.G.S. §7-148gg, if applicable. If the person named in a citation sent by certified mail, return receiptrequested, fails or refuses to accept such mail, the citation may then be sent by certified mail(without return receipt). The Code Enforcement Officer shall retain a copy of the citation.§39-23. Contents of citation.The citation shall inform such person:Of the allegations against him or her and the amount of the fines.

B.C.(1)(2)(3)(4)A.That the person has a period of 10 days from the date of the citation (i.e., the date of handdelivery or the date the citation was mailed) to make an uncontested payment of the fines.That payments shall be made payable to the Treasurer of the Town of Weston at Town Hall.§39-24. Violations for which citations may be issued.A citation may be issued by the Code Enforcement Officer for violation of any Code provisions thathave been designated specifically by the Town of Weston for enforcement by citation in the samemanner in which they were adopted.§39-25. Amount of fine.The fine for each citation under this article shall be the General Penalty amount set forth in §1-6of the Code, unless otherwise specified in the Code, and shall be payable to the Treasurer of theTown of Weston for deposit into the general fund of the Town. Each day that any violationcontinues shall be deemed a separate offense for which a separate citation may be issued.§39-26. through §39-29. (Reserved)Article IV. Post-Citation Procedures§39-30. Nonpayment of fine; notice; request for hearing.If a person who has been issued a citation under Article I, Article II or Article III does not makeuncontested payment of the fine specified in the citation to the Treasurer within the timeallowed in §§39-4, 39-10 or 39-23, then, at any time within 12 months from the expiration ofthe final period for the uncontested payment of the fines, the Code Enforcement Officer shallsend a notice to the person cited informing such person:Of the allegations against him or her and the amount of the fines;That the person cited may contest liability before a hearing officer appointed by the FirstSelectman, as provided in this article, by delivering, in person or by mail, within 10 daysfrom the date of the notice, a written demand for a hearing;That if the person cited does not demand such a hearing an assessment and judgmentshall be rendered against him or her; andThat such judgment may issue without further notice.§39-31. Liability by default.Any person who does not deliver or mail such payment or who does not deliver or mail a demandfor a hearing within the time specified shall be deemed to have admitted liability, and the CodeEnforcement Officer shall certify to the hearing officer that such person has failed to respond. Thehearing officer shall thereupon enter and assess the fines provided for by this chapter and shallfollow the procedures set forth below regarding notice of assessment.§39-32. Hearings in contested cases.Any person who requests a hearing shall be given written notice of the date, time and place for thehearing. Such hearing shall be held not less than 15 days nor more than 30 days from the date ofthe mailing of the notice, provided that the hearing officer shall grant, upon good cause shown,any reasonable request by any interested party for postponement or continuance. An original or

certified copy of the citation shall be filed at the hearing. The presence of the Code EnforcementOfficer shall be required at the hearing if requested by the person who was issued the citation. Aperson wishing to contest liability shall appear at the hearing and may present evidence in his orher behalf. The person contesting liability has a right to due process and shall be provided fairopportunity to present evidence to the hearing officer. The person contesting liability may berepresented by counsel. The Code Enforcement Officer may present evidence on behalf of themunicipality. If the person who received the citation fails to appear, the hearing officer may enteran assessment by default against him or her upon a finding of proper notice and liability under theapplicable provisions of the regulations and upon a finding of the number of days that eachviolation occurred. The hearing officer may accept written information by mail from the person whoreceived the citation and may determine thereby that the appearance of such person isunnecessary. The hearing officer shall conduct the hearing in the order and from and with suchmethods of proof as he or she deems fair and appropriate. The rules regarding the admissibility ofevidence shall not be strictly applied, but all testimony shall be given under oath or affirmation.The hearing officer shall announce his or her decision at the end of the hearing. If the hearingofficer determines that the person who received the citation is not liable, the hearing officer shalldismiss the matter and enter that determination accordingly. If the hearing officer determines thatthe person who received the citation is liable for the violation, the hearing officer shall forthwithenter and assess the fines against such person as provided by this chapter.§39-33. Notice of assessment.If such assessment is not paid on the date of its entry, the hearing officer shall send by first-classmail a notice of the assessment to the person found liable and shall file, not less than 30 days normore than 12 months after such mailing, a certified copy of the notice of assessment with theClerk of the Superior Court for the geographical area in which the Town is located, together withan entry fee as required by §7-152c of the Connecticut General Statutes, as the same may beamended from time to time. Further proceedings may then be held pursuant to the applicableprovisions of the Connecticut General Statutes.§39-34. Appointment of hearing officers.The First Selectman of the Town of Weston shall appoint one or more citation hearing officers toconduct the hearings provided by this chapter. Neither the Code Enforcement Officer, the BuildingInspector, the Conservation Planner, nor any member of the Planning and Zoning Commission,nor any member of the Zoning Board of Appeals, nor any member of the ConservationCommission, nor any police officer, nor any Town employee may be appointed as a hearing officerpursuant to this chapter.§39-35. Appeals to Superior Court.A person against whom an assessment has been entered pursuant to this chapter is entitled tojudicial review by way of appeal. An appeal shall be instituted within 30 days of the mailing ofnotice of such assessment by filing a petition to reopen the assessment, together with an entry feeequal to the entry fee for a small claims case pursuant to § 52-259 of the Connecticut GeneralStatutes, in the Superior Court for the geographical area in which the Town is located, which shallentitle such person to a hearing in accordance with the rules of the judges of the Superior Court.Chapter 46. Departments[HISTORY: Adopted by the Town of Weston as indicated in article histories. Amendments notedwhere applicable.]GENERAL REFERENCESBoard of Police Commissioners—See Ch. 18, Art. IV.Article I. Police Department[Adopted 3-26-1975 (Ch. 9, Art. II, of the 1981 Code)]

A.B.§46-1. Creation.There is hereby created the Town Police Department.§46-2. Authority.The Police Department is established pursuant to the provisions of the Town Charter and theGeneral Statutes of the state.§46-3. Supervision and control.The Police Department shall be under the supervision and control of the Board of PoliceCommissioners in accordance with the provisions of Chapter 18, Article IV, Board of PoliceCommissioners.§46-4. Powers and duties.The Police Department shall be responsible for the preservation of the public peace,prevention of crime, apprehension of criminals, regulation of traffic, protection of the rights ofpersons and property and the enforcement of the laws of the state, the ordinances of theTown and all rules and regulations made pursuant thereto.All members of the Police Department, except clerical personnel and personnel without lawenforcement responsibilities, shall have the same powers and duties with respect to theservice of criminal process and the enforcement of criminal laws as are vested in policeofficers by the General Statutes of the state and all of the powers and duties imposed by lawon constables, except as otherwise provided by the rules and regulations of the PoliceDepartment.Chapter 51. Driveways[HISTORY: Adopted by the Town of Weston 4-3-1974 (Ch. 12, Art. II, of the 1981 Code).Amendments noted where applicable.]GENERAL REFERENCESStreets, sidewalks and public places—See Ch. 169.Subdivision regulations—See Ch. 230.§51-1. Definitions.[Amended 7-23-1986]As used in this chapter, the following terms shall have the respective meanings ascribed to them:ACCESSThe travelway for vehicles between the edge of the road and the property line, commonlyreferred to as the "apron."DRIVEWAYThe travelway for vehicles between the access and the garage or parking area.GARAGE/PARKING AREAThat part of the driveway near or next to the garage or home used as a parking andturnaround area.ROADPublic and private roads, streets or highways, and shall include roads in subdivisions.

A.B.A.B.§51-2. Applicability.No person shall construct or cause to be constructed or locate or relocate any driveway or accessexcept in accordance with the provisions of this chapter; provided, however, that the provisions ofthis chapter shall not apply to the maintenance and repair of a driveway or access in existence orfor which a permit had been issued at the time of the adoption of this chapter.§51-3. Limitations on Town responsibility.Nothing in this chapter shall require the Town to repair or improve any driveway or access orrender the Town liable to a property owner for failure to make said repair or improvement exceptwhere such repair or improvement is made necessary as a result of the widening, repair,maintaining, or relocation of a Town road.§51-4. Variances.[Amended 7-23-1986]The Board of Selectmen or its agent may, in its or his discretion, determine and vary theapplication of these provisions where such provisions will otherwise cause practical difficultiesor unnecessary hardships in any particular case.Variances to the setback requirements of §51-16 shall be heard by the Board of Selectmen.Notice shall be given by mail to all property owners who share a common property line fromwhich a setback variance is requested no less than 10 days prior to the Selectmen's meetingon the variance. The applicant shall submit to the Selectmen's office a sufficient number ofcopies of the proposed plan along with stamped envelopes addressed to each such propertyowner with his application.§51-5. Penalties for offenses.Violation of this chapter shall bear a penalty as provided in Chapter 1, § 1-6, for each offense.Each day a driveway or access exists in violation of this chapter subsequent to seven daysfollowing notice by the Board of Selectmen to the owner of the property on which said driveway oraccess is located or to the person in charge of or occupying said property shall be considered aseparate offense under this chapter.§51-6. Prohibited access or egress.In addition to any other penalties as there may be, the Board of Selectmen is authorized toprohibit access to or egress from any driveway constructed, located or relocated in violation ofthis chapter.No regular access to or egress from premises by vehicles shall be provided except by anapproved driveway and access.§51-7. Permit required; action by Selectmen.[Amended 7-23-1986]No person shall construct or cause to be constructed or locate or relocate an access or a drivewayin the Town without a permit issued by the Board of Selectmen or its agent. The permit shall beacted upon by the Board of Selectmen or its agent within 10 legal working days of application.§51-8. Application for permit.

A.B.C.A.B.A.B.Application for such permit shall be made on forms furnished by the office of the TownEngineer and shall be accompanied by an accurate scale drawing showing the locations anddimensions of the proposed driveway and access in relation to the surrounding property lines;the existing road lines for 50 feet on each side of the access; the proposed dimensions andapproximate grades of the driveway and the access; and any easements that may have abearing upon the size and placement of the driveway and access. Where the driveway andaccess are being installed to serve proposed new construction for which a building or zoningpermit is sought, the aforementioned scale drawing shall be incorporated into the plot planaccompanying the application for the building or zoning permit.The Town shall not be liable for errors and omissions, and the results thereof, contained in theapplication.Omission of pertinent information shall be grounds for revocation or refusal of the permit.§51-9. Term of permit.Permits shall be valid for a period of one year from the date of issuance. If construction is notcompleted in that period, the permit shall thereupon terminate.§51-10. Permit fee.[Amended 7-23-1986]A fee of $40 shall accompany the application for the permit mentioned herein.§51-11. Permit required prior to issuance of building or zoningpermit.A driveway access permit is required prior to the issuance of a building or zoning permit.§51-12. Accesses on state highways; state permits.Accesses on state highways shall not require permits from the Board of Selectmen, providedthat the same comply with all requirements of the State Transportation Department andrequired permits are obtained from the State Transportation Department, and provided furtherthat a copy of such permit is filed in the office of the Town Engineer along with the applicationfor a building or zoning permit prior to the commencement of any work.Persons receiving state permits as provided above shall file an informational form with theBoard of Selectmen or its agent before commencing driveway construction. No fee shall berequired in connection with said informational form, which shall be furnished by the office ofthe Town Engineer.§51-13. Additional permits required.[Amended 7-23-1986]Where an access or a driveway requires filling, cutting or regrading in or near wetlands,watercourses or floodplains, a permit to remove or deposit fill must be obtained from thePlanning and Zoning Commission prior to the issuance of a driveway access permit, as per§240-35 of the Town Zoning Regulations.A permit from the Conservation Commission shall be required where applicable.§51-14. Performance and indemnity bond.

A.B.C.A.B.C.D.E.F.A.The owner of the premises to be served by the driveway and access shall post a cash bond toguarantee completion of the work and to save harmless the Town from any liability to person orproperty resulting from performance of the work. The amount of bond required shall be determinedby the Board of Selectmen.§51-15. Conformance to Town specifications.[Amended 7-23-1986; 1-15-2004, effective 2-12-2004]The design and construction of the access shall conform to the Town Standard Specificationsfor Road Construction of the Town of Weston, which specifications are set out in theSubdivision Regulations, Chapter 230 hereof. Said specifications are incorporated herein byreference and made a part of this Code.The portion of the driveway between the edge of pavement and the right-of-way or propertyline shall consist of a two-inch single course of bituminous concrete on a base of six-inchcrushed run stone or equal approved material, laid on a properly prepared subgrade. Eachcourse shall be properly rolled with a roller suitable for driveway installation.The use of a Belgian block apron will not be allowed within the Town right-of-way or anyTown-owned property. Where the paved portion of the Town road is located less than threefeet from a property line, a Belgian block apron will not be allowed within three feet of theedge of the pavement of a Town road.§51-16. Intervening distance requirements; car-length platform.[Amended 7-23-1986; 1-15-2004, effective 2-12-2004]No access shall be located within 50 feet of the intersection of the center lines of two or moreroads.Not more than one driveway shall be constructed on the same premises unless the distancebetween accesses is 50 feet or more.No access shall be constructed within 50 feet of another on the same side of the street. Thedriveway at the entrance must be located 25 feet from a side or rear property line for adistance of 25 feet into the property. Beyond that point the driveway is to be located no closerthan 10 feet to a side or rear property line.The view of the edge of the road being entered shall be unobstructed for a distance of 50 feetin each direction from a point eight feet back from the edge of the existing or proposedtravelway at a height of four feet.A car-length platform must be constructed between the access and the driveway in caseswhere the grade of the driveway exceeds 3% past the access.Provisions in this section shall not apply to driveways with access onto a permanent dead-endturnaround.§51-17. Road entry angle.A driveway and access shall enter a road at right angles when possible, and in no case shall theangle be less than 60°. This shall apply for a distance of 40 feet from the center line of the road.§51-18. Access widths; machine-made curbs.[Amended 7-23-1986]The access serving one lot shall be 12 feet wide at the property line and 15 feet wide at theroadway edge. The access and driveway for one lot shall have a minimum right-of-way of 25feet.

B.C.D.E.[1]The access serving two lots shall be 16 feet wide at the property line and 20 feet wide at theroadway edge. The access and driveway for two lots shall have a minimum right-of-way of 30feet.An access entering a curbed roadway shall have machine-made curbs tying into the roadwaycurbing and extending to the property line.Where there is no roadway curbing, the driveway access pavement shall be "feathered" intothe roadway pavement.Where there is roadway curbing, a two-inch lip shall be constructed and maintained by theowner of the premises.§51-19. Maximum grade.The grade of the driveway and access shall not exceed 3% within 40 feet from the center line ofthe travelway.[1]Editor's Note: Original §12-38.1, View of road; car-length platform, added 7-23-1986, whichimmediately followed this section, was repealed at time of adoption of Code (see Ch. 1, GeneralProvisions, Art. II). See §51-16D and E.§51-20. Paved lip.When determined by the Board of Selectmen or its agent to prevent road drainage from entering adriveway or access, a paved lip shall be constructed and maintained by the owner of thepremises.§51-21. Culverts.When determined by the Board of Selectmen or its agent that the driveway or access will interferewith drainage, culverts with appropriate proper design, location, and capacity as determined bythe Board of Selectmen or its agent shall be installed and maintained by the owner of thepremises.§51-22. Ditches, catch basins and other devices.Water from a driveway or access must be diverted or intercepted before reaching the roadwaytravel path. Necessary ditches, catch basins or other devices as shall be determined by the Boardof Selectmen or its agent shall be constructed and maintained by the owner of the premises.Chapter 59. Elections[HISTORY: Adopted by the Town of Weston 3-11-1958 (Ch. 4 of the 1981 Code). Amendmentsnoted where applicable.]GENERAL REFERENCESElections—See Charter Art. 7.§59-1. Poll hours.The polls for voting by paper ballot or voting machine for votes at Town Meetings in accordancewith §7-7 of the General Statutes shall be open from 6:00 a.m. to 8:00 p.m.§59-2. Designation of party affiliation.

[Added 11-22-1972]The requirement of §9-54 of the General Statutes that the Registrars of Voters maintain separateenrollment lists according to the declared political preference of each elector is herebydiscontinued. The Registrars of Voters shall designate the party affiliation, if any, of each electoron the registry list of the Town with the name of each such elector.§59-3. Printing of separate lists optional.[Added 11-22-1972]The printing of separate enrollment lists according to the declared political preference of electorsshall be optional with the Board of Selectmen at the request of either of the Registrars of Votersand shall be compiled when required in accordance with the provisions of General Statutes of thestate.Chapter 61. Emergency and Disaster Planning[HISTORY: Adopted by the Town of Weston 7-9-2009, effective 9-1-2009. Amendments notedwhere applicable.]§61-1. Purpose and declaration of policy.This chapter is enacted to set out and clarify the authority of the Town of Weston and its officialsand employees with regard to emergency and disaster situations. It is intended to grant as broad apower as permitted by statutory and constitutional authority.§61-2. Definitions.As used in this chapter, the following terms shall have the meanings indicated:CIVIL EMERGENCYIncludes, but is not limited to, any condition of unrest, riot, civil disobedience, affray, unlawfulassembly, hostile or military or paramilitary action, war, terrorism or sabotage.CBRNEChemical, biological, radiological, nuclear, explosive.DISASTERWhether natural or man-made, includes, but is not limited to, flood, fire, cyclone, tornado,earthquake, severe high or low temperatures, water contamination or pollution, landcontamination or pollution, air pollution, blizzard, landslide, mudslide, hurricane, building orstructural collapse, high water table, pandemic disease, epidemic, riot, blight, drought, civilemergency, utility emergency, severe energy shortages, snow, ice, windstorm, hazardoussubstance spills or releases, chemical spills or releases, petroleum spills or releases,biological matter spills or releases, radiation releases or exposures, infestation, explosions,sabotage, commercial aircraft crash, mass transportation accidents or public healthemergencies.EMERGENCYThe threat or occurrence of a disaster, civil emergency or utility emergency affecting the Townof Weston and its residents and inhabitants where the First Selectman determines that theexercise or discharge of emergency or disaster powers is necessary to save lives, protectproperty, protect the public health and safety, or to lessen or to avert the threat of acatastrophe or calamity within the Town.UTILITY EMERGENCYIncludes, but not be limited to, conditions which endanger or threaten to endanger the safety,potability, availability transmission, distribution, treatment, or storage of water, natural gas,gas, fuel, electricity, communication, garbage, or sewage.§61-3. First Selectman's power during emergency.

(1)(2)(3)(4)(5)(6)[1]A.B.A.Notwithstanding any provision of the Weston Town Code to the contrary and pursuant toConnecticut General Statutes § 28-8(a), when the First Selectman determines in the FirstSelectman's sole discretion that a state of public emergency exists or may exist within theTown, the First Selectman may take such action as he or she deems necessary and mayexercise all emergency power, including, but not limited to, all of the following:[1]The power to direct emergency response activities by Town departments, including, butnot limited to, the Police and Fire Departments, Emergency Medical Services, and byother such emergency services personnel as the First Selectman may designate orappoint.The power to execute contracts for the emergency construction or repair of publicimprovements, when the delay of advertising and public bidding might cause serious lossor injury to the Town, upon following the procedures of §61-11.The power to purchase or lease goods and services that the First Selectman deemsnecessary to the Town's emergency response or for the repair of Town facilities, or both,upon following the procedures of §61-11.The power to lease real property, or structures, or both, that the First Selectman deemsnecessary for the continued operation of Town government.The power to promulgate rules and orders to implement the exercising of emergencypower.The power to delegate any or all of these duties to the Director of EmergencyManagement as defined in §61-6.Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).In the event the First Selectman is unavailable, the Second Selectman shall have theauthorities listed in this section, followed by the remaining Selectmen and then followed bythe Town Administrator.§61-4. Effective date and termination of emergency powers.Proclamations, rules, and orders issued pursuant to §61-3 shall be effective upon issuance andshall remain in effect until withdrawn by the First Selectman or other issuing authority. Upon theexpiration of the local state of emergency, those persons acting pursuant to §61-3 shall cease toexercise emergency powers.§61-5. Penalties for offenses.The violation of a declaration of emergency, a subsequent declaration exercising emergencypowers, a rule, or order, which declaration, rule or order is issued pursuant to § 61-3, or theviolation of any order or directive given by a peace officer or designated emergency servicespersonnel pursuant to authority resulting from §61-3 is an infraction and punishable by a fine of$90.§61-6. Selection of Director of Emergency Management.The Board of Selectmen appoints the Town's Director of Emergency Management.§61-7. General duties of Director of Emergency Management.The Director of Emergency Management shall be responsible for the performance andsupervision of performance of all duties in connection with coordinating and carrying out theTown's role in furnishing services in the event of major natural or man-made disasters oremergencies.

B.C.D.A.B.C.D.E.F.G.H.The Director of Emergency Management shall assist the First Selectman or other designee inthe exercise of emergency powers under §61-3.The Director of Emergency Management shall act in coordination with the State and othergovernmental agencies as may be necessary to plan and implement a joint jurisdictionemergency planning and emergency management plan and mutual aid arrangements.The Director of Emergency Management shall consult with the Town Attorney in the planningand exercise of emergency powers.§61-8. Emergency operations plan.The Director of Emergency Management shall recommend for adoption by the Board ofSelectmen an emergency operations plan for the Town Board of Selectmen. The Director ofEmergency Management shall make continuing studies of the need for amendments andimprovements in such plans.§61-9. Other specific powers and duties of Director.The Director of Emergency Management shall:Request the First Selectman when appropriate to declare a state of emergency as provided in§61-3.Control and direct emergency training activities.Maintain a liaison with other municipal, state, regional and federal emergency managementagencies.Marshal and direct, after the declaration of a state of emergency, the operational emergencymanagement organization of the Town, including all necessary personnel, equipment andsupplies from any department of the Town to aid in carrying out the emergency operationsplan.Prepare under the direction of the First Selectman, and in consultation with the TownAttorney, all necessary emergency declarations, rules, and orders, pursuant to § 61-3, andimplementing the emergency operations plan.Coordinate the drafting of proposed mutual aid agreements.Serve as a member of the command and general staff for any joint or mutual emergencyoperation administration.Assume other emergency responsibilities as assigned by the First Selectman.§61-10. Operational organization.The operational emergency management organization of the Town shall consist of municipalofficers and employees who may be designated by the Town Manager and volunteer workers.Plans of organization shall substantially conform to recommendations of the federal governmentand the State Office of Emergency Management.§61-11. Emergency procurements.Notwithstanding any provision of the Weston Town Code to the contrary, the First Selectman,upon declaration of a state of emergency by proclamation as provided in §61-3, may authorizethe Town Administrator or the Town Administrator's designee to procure, by purchase or lease,such goods and services as are deemed necessary for the Town's emergency response effort.This emergency procurement of goods or services may be made in the open market without filinga requisition or estimate and without advertisement for immediate delivery or furnishing. A fullwritten account of all required materials, supplies, equipment, or services shall be submitted to or

provided to the Town Administrator within 30 days after their procurement, and shall be open topublic inspection for a period of at least one year subsequent to the date of the emergencypurchases. The Town Administrator shall, within three months of the conclusion of the emergency,prepare a written report of the emergency expenditures for the Board of Selectmen.Chapter 64. Ethics, Code of[HISTORY: Adopted by the Town of Weston 12-3-1996, effective 1-2-1997. Amendments notedwhere applicable.]§64-1. Purpose.Weston is a community proud of its heritage and supportive of strong ideals. This Code of Ethicsis established to foster the highest standards of ethical behavior on the part of all elected andappointed officials of the Town and all employees of the Town. Its purpose is to provide guidelinesfor our Town officials and employees by establishing standards of conduct for those people whoparticipate in its decisionmaking processes. It is intended to promote the continuation of thetradition of good government in Weston. Adherence to the code will ensure that our governmentoperates with integrity and fairness and in a manner deserving of the confidence which thecitizens of Weston have bestowed upon those who hold responsibilities to our community.§64-2. Definitions.As used in this chapter, the following terms shall have the meanings indicated:CONFIDENTIAL INFORMATIONAny information concerning the property, business or affairs of the Town not generallyavailable to the public which is obtained by reason of the public position or office held.FAVORAny representation or promise to confer a benefit of something other than economic valueupon another without the return or exchange of adequate and lawful consideration.FINANCIAL INTERESTAny interest resulting from a Town action in which an individual, his/her relatives, throughblood or marriage, or close business associate, either directly or indirectly, expects to derive amonetary gain which is more than nominal and not common to the interest of other citizens ofthe Town.GIFTAnything of economic value, regardless of the form, given, exchanged or transferred withoutthe return or exchange of adequate and lawful consideration. It does not include thesolicitation, acceptance, receipt, or regulation of political campaign contributions regulated inaccordance with provisions of federal, state, or local laws governing campaign finances.PERSONAL INTERESTAny interest resulting from a Town action in which an individual, his/her relatives, throughblood or marriage, or close business associate, either directly or indirectly, expects to derive abenefit other than financial which is not common to the interest of other citizens of the Town.TOWN ACTIONAny municipal legislative, administrative, appointive or discretionary act of any employee ofthe Town or any agency, board, committee or commission thereof.TOWN EMPLOYEEAny person providing services to the Town for salary or wages, including Board of Educationemployees.TOWN OFFICIALAny person holding a position by election or appointment in the service of the Town, whetherpaid or unpaid, including members of any board, committee, or commission thereof.

[1]A.B.C.D.E.F.G.A.B.C.§64-3. Standards of conduct.Conflict of interest. No Town official or employee or his/her relatives, through blood ormarriage, or close business associate shall engage in any Town action in which said official orTown employee has a financial or personal interest which is incompatible with the properdischarge of his duties in the public interest or which would tend to impair his independenceof judgment or action in the performance of those duties. Nothing herein shall be construed tobe less demanding than what is contained in the Weston Town Charter (Section 10.1),relevant state statutes, or state court decisions.[1]Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).Gifts and favors. No Town official or employee or his/her relatives, through blood or marriage,or close business associate shall solicit or accept any gift or favor which might tend toinfluence the performance or nonperformance of said Town official's or employee's municipalduties. If it is impossible or inappropriate to refuse a gift, the gift shall become the property ofthe Town.Appearance before Town agencies. No Town official or employee shall appear for his or herfinancial or personal benefit on behalf of the private interests of another person before anyboard, commission or agency of the Town, nor shall he represent the private interests ofanother in a Town action. Nothing herein shall prohibit a Town official or employee fromappearing before any board, commission or agency of the Town on his own behalf. Norelative, through blood or marriage, or close business associate of a Town official or employeeshall appear before any board, commission, or agency for personal or financial interest orengage in any Town action where there is likely to be a perception of influence being exertedby such Town official or employee, without first securing an advisory opinion of the Board ofEthics.Disclosure or use of confidential information. No Town official or employee shall disclose oruse confidential information for the financial or personal interests of himself or others.Incompatible employment. No Town official or employee shall engage in or accept privateemployment or render services for private interests when such employment or service isincompatible with the proper discharge of his duties in the public interest or would tend toimpair his independence of judgment or action in the performance of those duties.Use of Town facilities. No Town official or employee shall request or permit the use of Town-owned vehicles, equipment, materials, or property for personal convenience or profit, exceptwhen such services are available to the public generally or are provided as municipal policyfor the use of such official or employee in the conduct of official business.Obligations to citizens. No Town official or employee shall grant any special consideration,treatment, or advantage to any citizen beyond that which is available to every other citizen.§64-4. Disclosure of interest.When a Town official becomes aware of facts or circumstances which demonstrate that hehas a financial or personal interest in a pending matter, then said individual shall recusehimself from and shall not take any action on or exert any influence with respect to thepending matter and shall so state that he is recusing himself on the record. If a board orcommission member decides to recuse himself, then the individual need not disclose thenature of the conflict unless the conflict is so substantial and so impacts the integrity of thegovernment process as to warrant further disclosure.In the event the Town official becomes aware of facts or circumstances that suggest he mayhave a personal or financial interest in the pending matter but concludes that no interest, infact, exists and that he intends to act, then said person must advise the board or commission,on the record, of the nature and details of his possible interest.When an employee becomes aware of facts or circumstances which suggest that he has afinancial or personal interest in a pending matter, perceived or otherwise, then he shall reportto his immediate supervisor and the Town Administrator in writing that he has a conflict ofinterest with respect to the pending matter, the nature of said conflict, and whether hebelieves he is permitted to take any further action with respect to the pending matter. The

A.B.C.D.E.(1)(2)(3)(4)F.Town Administrator shall decide whether the employee is permitted to act further in thematter, subject to a complaint to or request for an advisory opinion from the Board of Ethics.§64-5. Board of Ethics.Creation. There shall be established a Board of Ethics for the Town of Weston.Membership. The Board shall consist of five members, none of whom shall hold any electiveor appointive Town office or be an employee of the Town or be an officer of any political party.The members shall be electors of the Town and shall be appointed by the Board ofSelectmen. No more than three members may be from the same political party. Vacancies inthe membership of the Board shall be filled for the unexpired term in the same manner asregular appointments.Terms. Board members shall serve for two-year terms. Of the first members appointed, threeshall serve for three years, and two shall serve for two years. Thereafter, each member shallserve for a term of two years. No member may serve for more than six successive years andthen may not serve for another two years before he/she may serve again.Officers. A Chairman, and any other officers deemed advisable by the Board of Ethics, shallbe elected annually by the Board of Ethics. The Chairman shall preside over all Boardmeetings and may call special meetings as needed but otherwise shall have power equal tothat of other Commission members.Meetings. The Board shall establish regular meeting times, as needed. Special meetings maybe called as needed by the Chairman or by any two members.Duties. The Board shall:Design and promulgate its own rules and regulations, not otherwise covered herein andnot otherwise inconsistent herewith, to fulfill the purpose and intent of this code, includingthe adoption of recommended enforcement guidelines for violations of this code. Theserules and regulations shall be submitted to the Board of Selectmen for review andcomment and adopted after a public hearing by the Board of Ethics;Receive complaints of violations of this code, investigate the same, give the Town officialand/or employee notice and an opportunity to be heard, make such findings as it maydeem appropriate in each case as promptly as feasible, and make recommendations tothe Board of Selectmen, with notice to the respective board, commission, or agency;Render advisory opinions in writing to Town officials or employees who make a writtenrequest to the Board with respect to this code; andManage the distribution of this code and the training of the Town's officials andemployees as to its provisions.§64-6. Distribution of code.The Town Clerk shall cause a copy of this Code of Ethics to be distributed to Town officials andemployees upon their election, appointment, or hire.Chapter 70. Fees[HISTORY: Adopted by the Town of Weston as indicated in article histories. Amendments notedwhere applicable.]GENERAL REFERENCESAquifer protection area regulations—See Ch. 207.Floodplain management regulations—See Ch. 212.Inland wetlands and watercourses regulations—See Ch. 215.Subdivision regulations—See Ch. 230.Zoning regulations—See Ch. 240.

A.B.Article I. Land Use Fees[Adopted 4-5-2006, effective 7-1-2006]§70-1. Fee schedule.[Amended 6-10-2013]Pursuant to Connecticut General Statutes § 8-1c, as it may be amended from time to time, thefollowing schedule of fees is hereby adopted. (Connecticut General Statutes §22a-27j imposes afee on certain land use applications. The fees listed herein are in addition to the state fee, whereapplicable.)Application FeePlanning and Zoning CommissionHome occupation $75Accessory apartment $75All other special permits $250Subdivision, per lot $250Fill and excavation (less than 1,000 cubic yards) $150Fill and excavation (more than 1,000 cubic yards) $250Site plan review $150Lot development $100Zoning permit $50Demolition $100Zoning amendment $250Floodplain application $100Aquifer application $100Zoning Board of AppealsVariance $100Appeal from Zoning Enforcement Officer $100DMV licenses $100Conservation CommissionConservation planner site visit $50Administrative review process $100Lot (subdivisions only) $200Significant activity (<500 square feet) $300Substantial activity (>500 square feet) $600Subdivisions, commercial activities, and major civil works $1,000 + $600/lot§70-2. Support service fee.[Amended 6-7-2007, effective 7-5-2007; 6-3-2008, effective 7-1-2008]The Weston Planning and Zoning Commission, the Weston Zoning Board of Appeals, and/orthe Weston Conservation Commission may require the services of outside consultants toevaluate or supplement application materials. Technical areas subject to such servicesinclude, but are not limited to, soil studies, water studies, traffic studies, building plans,engineering studies, surveys, etc.The decision to require the support service fee shall be by affirmative vote of no fewer thanfive members of the Planning and Zoning Commission, or no fewer than five members of theConservation Commission, unless there are only four members qualified to vote, then aunanimous vote is required. The decision to require the support service fee shall be byaffirmative vote of no fewer than four members of the Zoning Board of Appeals. The fees for

[1]C.[1]any outside consultant(s) shall be borne entirely by the applicant and shall be deposited withthe Town prior to review of such application.The applicant shall deposit 150% of the estimated cost of review of such application by suchoutside consultant(s), based on a preliminary estimate determined by a qualified party orexpert, prior to review of such application. Upon completion of the technical review by theoutside consultant(s), the Town shall determine the costs incurred for the review and refundthe excess monies to the applicant. The applicant will not be responsible for any costsincurred for technical assistance which exceed 150% of the collected estimate. The effectivedate of this section shall be July 1, 2008. This section shall expire on June 30, 2009, unlesssooner extended by specific vote of the Board of Selectmen.[1]Editor's Note: By vote of the Board of Selectmen on 5-7-2009, the support service fee wasextended to 6-30-2011. By vote of the Board of Selectmen on 5-23-2011, the support servicefee was extended to 6-30-2013. By vote of the Board of Selectmen on 6-10-2013, the supportservice fee was extended to 6-30-2017.§70-3. Failure to comply.Failure to comply with the provisions of this article will result in denial of the application.Chapter 75. Finance[HISTORY: Adopted by the Town of Weston 2-3-1981 as §2-2 of the 1981 Code. Amendmentsnoted where applicable.]GENERAL REFERENCESFinance and taxation—See Charter Art. 9.Taxation—See Ch. 179.§75-1. Fiscal year.The fiscal year for the Town shall be July 1 to June 30 in each year, in compliance with theprovisions of Title 7, Chapter 110, of the General Statutes.Chapter 79. Firearms[HISTORY: Adopted by the Town of Weston 6-10-2013.[1] Amendments noted where applicable.]Editor’s Note: This ordinance also superseded former Ch. 79, Firearms, adopted 7-1-1985, effective7-31-1985, as amended in its entirety effective 8-1-1990 (Ch. 7.8, Art. III, of the 1981 Code).§79-1. Legislative findings; purpose and intent.Connecticut General Statutes, § 7-148(c)(7)(H)(xiii), charges the Board of Selectmen with theresponsibility to "promote the peace, safety, good government and welfare of the municipality andits inhabitants." The Board of Selectmen believes that the misuse of firearms by individuals whoare not properly trained and qualified to use them can endanger public health and safety, and thatsafe storage practices are essential to public welfare. The Board recommends securing firearmsand ammunition in a manner that will prevent unauthorized access when not in use, preferably ina locked gun safe or similar enclosure.§79-2. Definitions.For the purposes of this chapter, certain words are defined as follows:ASSAULT WEAPONShall have the same meaning as that provided under state law.FIREARM

A.B.C.(1)(2)D.Shall have the same meaning as that provided under state law.LANDOWNERThe legal or beneficial owner of a parcel of land, or a tenant of such owner, or an authorizedagent or invited guest of such owner or of such tenant.MACHINE GUNShall have the same meaning as that provided under state law.TARGET PRACTICEShooting a firearm at a fixed or moving object.§79-3. Prohibition.No person shall discharge any machine gun or assault weapon in the Town of Weston.No person shall discharge any firearm for target practice in the Town of Weston, except thattrapshooting, skeet shooting and shooting at sporting clays with shotguns, in which claytargets are thrown to simulate birds in flight, are permissible exclusively at the Weston FieldClub, the Weston Gun Club, or other locations as approved by the Chief of Police and theBoard of Selectmen.No person under the age of 16 years shall discharge any firearm anywhere in the Town ofWeston, except that persons between the ages of 12 years and 16 years may discharge afirearm for target practice pursuant to the provisions of Subsection B of this section, providedthat such firearm is discharged in the presence of and under the supervision of the person'sparent, legal guardian, school or camp official over the age of 18.Nothing in this §79-3 shall apply to:Any local, state or federal officer authorized to enforce criminal law, or a member of theArmed Forces of the United States or of the State of Connecticut, or an authorizedmessenger or bank guard, and only when such person is acting in the performance of hisor her duties as such; or[Amended 5-7-2015]Any person, when acting to defend himself or herself or a third person from physical forcein a manner consistent with state law.§79-4. State and federal regulations applicable.Nothing herein shall be construed to permit the use, possession or discharge of any firearm forany purpose otherwise prohibited or regulated under any statute or regulation of the State ofConnecticut or any state agency or the United States Government.§79-5. Penalties for offenses.Any person who violates the provisions of this chapter shall be subject to a fine of $250 for eachsuch violation. This penalty shall apply to the parent or legal guardian of any minor who violatesthe provisions of §79-3C.Chapter 87. Groundwater Heat Pumps[HISTORY: Adopted by the Town of Weston 1-4-1982, effective 2-4-1982 (Ch. 7.5, Art. II, of the1981 Code). Amendments noted where applicable.]GENERAL REFERENCESAquifer protection area regulations—See Ch. 207.Inland wetlands and watercourses regulations—See Ch. 215.§87-1. Purpose.

A.B.C.D.A.(1)(a)(b)(2)B.The Board of Selectmen of the Town of Weston, Connecticut, hereby adopts these regulations infurtherance of its commitment to protect and preserve an adequate potable water supply from itsunderground water resources and to protect and preserve its watercourses and wetlands. Morespecifically, regulation of groundwater heat pumps is deemed necessary in furtherance of thatcommitment in order to:Protect and preserve the quality and quantity of the Town's underground water supply;Protect and preserve watercourses and wetlands from adverse effects of unnatural changesin water temperature and/or volume;Protect soils from erosion and subsidence; andPrevent ponding of waters not of a natural origin.§87-2. Definitions.As used in this chapter, the following terms shall have the meanings indicated:AGENCYThe Conservation Commission.GROUNDWATER HEAT PUMPIncludes a heat transfer system dependent upon the principle of using constant-temperaturegroundwater in conjunction with a heat exchanger that contributes wholly or in part to theheating or cooling system of a residence.§87-3. Disclaimer of liability.These regulations governing the use of groundwater heat pumps and the granting of any permitare not intended and shall not be construed as an approval or endorsement of any proposedsystem or any particular equipment. Rather, these regulations are intended solely to prohibit theuse of any groundwater heat pump which does not meet the minimal requirements set forth inthese regulations for issuance of a permit. In granting any such permit, the Town of Weston and itsagencies and agents specifically disclaim any responsibility for the installation, properperformance or functioning of any equipment or system, present or future.§87-4. License required; exemption.Subsequent to the ratification of this regulation, groundwater heat pumps within the Town areprohibited except as they may be licensed as herein provided.Licensing shall be based upon a determination of favorable hydrogeologic conditions andconstruction design relative to each property for which an application is made. Preliminarytesting for all such installations shall be required to reasonably assure that an adequatesupply of groundwater is now and will remain available and that the dispersion or return ofused water to the aquifer will be undertaken in a manner which poses no unnatural and/orundesirable changes to the quality of the return waters or to the soils, wetlands orwatercourses.In no case shall direct discharge of used water from a groundwater heat pump installationbe permitted into swamps, bogs, watercourses, or water bodies or directly or indirectlyinto storm sewers or municipal drainage systems or overland surfaces.Dispersion.Used water dispersion shall take place in near proximity to the supply well to betterensure a maximum return of the discharge water to the supply well and to minimizethe likelihood of impacting any local septic system.An acceptable method of dispersion shall include but not be limited to galleries orleaching fields. Geologic data, such as a well-driller's log of the water supply well,shall be provided for assessing the effectiveness of the used water dispersion

C.D.(1)(2)(3)(4)A.(1)(2)(3)(4)(5)(6)(7)(8)(9)B.system for recharging the aquifer. Analysis of such data by a licensed professionalmay also be required to be submitted.Groundwater heat pumps with a partially self-contained system shall meet dispersion criteriaestablished above.Air-to-air heat pumps and totally self-contained systems shall be exempted from this chapter.§87-5. Application procedure.General requirements.Any person wishing to install a groundwater heat pump shall submit an application to theConservation Commission at a regularly scheduled meeting of this agency.No application shall be deemed complete unless it shall be in such form and contain suchinformation as the agency deems necessary for a fair determination of the acceptability ofthe proposed heat pump system. The agency shall inform all applicants in writing uponthe completion of their application. Such notification will not be considered a limitation torequests for additional data should final determination of a proposal's acceptability beconstrained by its absence.The information required by the agency shall be furnished in sufficient copies to permitthe agency to carry out its duties under these regulations. In no case will fewer than fivecopies be accepted for a final review of the proposal.All information submitted in the application for review shall be considered factual or, inthe case of anticipated installation, binding. A knowing failure of the applicant or any ofhis, her or its agents to provide correct information, or performance failing to meet orexceed the levels of activity anticipated, shall be sufficient grounds for the revocation ofany permit under these regulations and/or penalties to be imposed under §87-8B.Contents. All applications shall include the following information in writing and shall be on aform provided by the agency and available from the office of the Town Clerk:The applicant's name, home and business addresses and telephone numbers.The owner's name (if the applicant is not the owner of the property), home and businessaddresses, telephone numbers, and written consent to the proposed activity set forth inthe application.The applicant's interest in this activity.The geographical location of the property which is to be affected by the proposed activity,including a description of the land in sufficient detail to allow identification of theproperties on the Inland Wetlands and Watercourses Map, as well as on theDominski/Oakrock Association Aquifer Map No. 11, as published on page 34 of theWeston Environmental Manual, dated June 1976, or other map(s) designated by theagency.The name of the well-drilling contractor, place of business, Connecticut driller'sregistration number, and geologic log and construction data of the water supply well to beused as the groundwater source for the heat pump.The chemical analysis of a sample of water from the water supply well, including turbidity,pH, hardness, total solids, alkalinity, chloride, iron, and manganese, as well as thetemperature of the used water discharged into the dispersion system.The results of a continuous pumping yield test of the water supply well of not less than 24hours' duration, including measurements from land surface to the prepumping static leveland near-end-of-test pumping level and the start-of-test and end-of-test discharge rate.Maximum heat pump water use rate during winter heating function and summer coolingfunction, as certified by the system designer.A detailed description of the used water dispersion system; identification on a site plan ofthe location of the supply well, buildings, primary septic and reserve areas and receiving

C.A.B.C.A.B.A.galleries or leaching fields for heat pump discharge water. The description should includedesign depth and capacity of the discharge water receiving system.Additional information. The agency shall not necessarily be limited to that informationrequested on the application, if additional information may be required to properly evaluatethe application.§87-6. Review of application; approval or denial of license.If the agency decides after a full review of the application and the supporting information thatthe installation of a groundwater heat pump in such location meets the requirements of thischapter and in no way violates any of the provisions of the Town of Weston's OrdinanceConcerning the Regulation of Inland Wetlands and Watercourses (effective latest revision)[Chapter 215 of this Code], permission to make this installation will be granted either with orwithout specified conditions. The applicant shall be so notified in writing.If the application is denied, the agency shall notify the applicant in writing stating the reasonfor the rejection. In the event that the application is approved, the contractor who will beresponsible for the installation of the heat pump shall be required to sign a statement on aform provided by the agency that he has read the application and agrees to abide by theapproval, with or without conditions, granted by the agency prior to commencement ofinstallation.The agency shall render its decision within 65 days after acceptance of a completedapplication, and the agency shall notify the applicant within 15 days of the date of thedecision. An extension of an additional 65 days may be effected if agreed to by both theCommission and the applicant.§87-7. Application fee.The fee for application shall be $25 and shall be applied to defray the cost and expenses of theagency in carrying out its duties under this chapter.§87-8. Enforcement; penalties for offenses.If the agency finds that the purpose or intent of this chapter is violated in any manner, theagency or its enforcement officer shall be authorized to issue a written order to such personmaintaining such installation to correct such installation or condition. Such order shall beeffective immediately upon its service to such person.Installation of a groundwater heat pump without proper review and permit or failure to complywith §87-5A(4) will constitute a violation of this chapter. The fine shall be $100, returnableonly upon issuance of a permit in accordance with this chapter.Chapter 93. Historic Districts[HISTORY: Adopted by the Town of Weston 6-11-1970 (Ch. 7 of the 1981 Code). Amendmentsnoted where applicable.]GENERAL REFERENCESHistoric District Commission—See Charter §8.2 and Ch. 18, Art. II.Zoning regulations—See Ch. 240.§93-1. Historic District No. 1.Created; boundaries. Pursuant to § 7-147a of the General Statutes, an historic district ishereby created in the Town, the boundaries of which are as follows: Beginning at a point 260feet ± west of the intersection of Weston Road and Norfield Road, at the northwest cornerrunning in a northerly direction 260 feet along the east boundary of tract of land owned by

B.A.John J. and Kathleen O'Brien, and the common boundary of Florence C. Banks and saidO'Brien; thence in an easterly direction 260 feet ± along the south boundary of tract of landowned by Weston Shopping Center and the common boundary of Florence C. Banks andsaid shopping center crossing Route 57 to a point 160 feet ± north of the northwest corner ofland of Frances Bush and continuing in an easterly direction for 440 feet ± along land of theTown of Weston; thence in a northeasterly direction 440 feet along land of the Town ofWeston; thence in an easterly direction for 100 feet ± along the common boundary line of theTown of Weston and Norfield Congregational Church Society; thence running in a southerlydirection 60 feet ± along the common boundary of land of Eustace deCordova and NorfieldCongregational Church Society; thence in an easterly direction for 180 feet ± along thecommon boundary of land of Eustace deCordova and Norfield Congregational ChurchSociety; thence in a southerly direction 380 feet ± along the common boundary of EustacedeCordova and Norfield Congregational Church Society southerly across Norfield Road andthence 80 feet ± in a southerly direction along the common boundary line of property of Nealand Pauline Hathaway and property of Thomas J. and Mary Elizabeth Murray; thence in awesterly direction for 60 feet ± along the common boundary of said Hathaway and Murray;thence in a southerly direction for 360 feet ± along said common boundary of said Hathawayand Murray, thence in a westerly direction 410 feet ± along the common boundary in part ofRoger and Julia Manchester and Thomas J. and Elizabeth Murray and in part the commonboundary of Julia L. Manchester and said Murray; thence in a southerly direction 300 feet ±along the common boundary of Julia L. Manchester and Gilbert H. and Eugenia B. Thirkield;thence in a westerly direction from a point 100 feet ± from the northerly boundary of RichardL. and Marie Louise Reifschneider through property of Gilbert H. and Eugenia B. Thirkield, fora distance of 240 feet ±; thence in a northerly direction 320 feet ± along the commonboundary of John M. Lupton and Gilbert H. and Eugenia Thirkield; thence in a westerlydirection 140 feet ± along the common boundary of land of John M. Lupton and land of Johnand Mavis Lupton; thence in a northerly direction for 20 feet ± along the common boundary ofland of John and Mavis Lupton and Peter and Helen Vetromile; thence in a westerly direction240 feet through land of Peter and Helen Vetromile at the boundary which was formerly thenortherly boundary of George D. Meadows property, continuing in a westerly direction acrossWeston Road to a point 320 feet ± south of the southwest corner of the intersection ofNorfield Road and Weston Road; thence in a westerly direction for 320 feet ± along thecommon boundary of St. Francis of Assisi Corporation and Willis Banks; thence in anorthwesterly direction for 320 feet ± to Norfield Road along the common boundary of land ofSt. Francis of Assisi Corporation and Willis Banks.Acceptance of report of study committee. The preliminary steps, pursuant to §7-147b of theGeneral Statutes, having been accomplished, the report of the study committee is herebyaccepted.§93-2. Kettle Creek Historic District.[Added 3-26-1975]Created; boundaries. Pursuant to § 7-147a of the General Statutes, an historic district ishereby created in the Town, the boundaries of which are as follows: Beginning at thenorthwest corner of the intersection of Weston Road and Broad Street and running thencewesterly along the northerly line of Broad Street, a distance of 1,125 feet ± to the southwestcorner of the property of Clinton and Janet Walker; thence northerly, easterly, northerly again,easterly again, northerly again and easterly again along the westerly and northerlyboundaries of the property of Clinton and Janet Walker, 895 feet ±; thence easterly, northerlyand easterly again along the westerly and northerly boundaries of property of Chilton andVictoria Ryan, in part, and the northerly boundary of property of Donald C. and Linda S.Bergquist, in part, 800 feet ±; thence northerly, northeasterly and northerly again along thewesterly boundary of property of Michael S. Ferrone, in part, and property of Mary M. andMacLennan Farrell, part, and along the westerly line of Old Weston Road, in part, 1,450 feet±; thence westerly and northwesterly along the southerly boundary of property of Cleora B.Coley, 400 feet ± to the southerly line of High Acre Road; thence northerly across High AcreRoad to a point in the northerly side of High Acre Road, which point is 360 feet ± distant fromthe westerly line of Weston Road, 180 feet ±; thence northerly through other property ofCleora B. Coley, 600 feet ±; thence easterly along the northerly boundary of said property ofCleora B. Coley, 400 feet ± to the westerly line of Weston Road; thence southerly along thewesterly line of Weston Road, 1,600 feet ± to a point opposite the southerly line ofLedgebrook Court; thence easterly across Weston Road to the intersection of the southerlyline of Ledgebrook Court and the easterly line of Weston Road; thence easterly, southeasterlyand southerly along the northerly and easterly boundaries of property of Eve H. Dillingham,550 feet ±; thence easterly along the northerly boundary of property of Wade and Elizabeth

B.C.A.B.C.A.y g y y p p yMcGowan, 350 feet ±; thence northerly along the westerly boundary of property of Alfred R.and Mary D. P. Kemper, 300 feet ±; thence easterly along the northerly boundary of propertyof Alfred R. and Mary D. P. Kemper, 400 feet ±; thence easterly across Hidden Hill Road, 100feet ± to the intersection of the southerly line of Hidden Hill Road and the easterly boundary ofproperty of Franc Vitale; thence southerly along the easterly boundary of property of FrancVitale, 150 feet ±; thence easterly and southeasterly along the northerly boundary of Plot 1 ofproperty of Emil and Kathryn Frankel, 115 feet ±; thence southeasterly along the boundarybetween Plot 1 and Plot 4B of property of Emil and Kathryn Frankel, 250 feet ± to thenortherly line of Goodhill Road, said property being shown on Map 1319, on file in the officeof the Weston Town Clerk; thence southwesterly and westerly in a curve along the northerlyline of Goodhill Road, in part, and the northerly line of River Road, in part, 980 feet ± to apoint opposite the intersection of the easterly boundary of property of Mary Alice McAlpin withthe southerly line of River Road; thence southerly across River Road to said point ofintersection of the easterly boundary of property of Mary Alice McAlpin with the southerly lineof River Road, 40 feet ±; thence southerly along the easterly boundary of property of MaryAlice McAlpin, 300 feet ±; thence westerly, southerly and westerly again along the southerlyboundary of Mary Alice McAlpin, 480 feet ±; thence northerly along the westerly boundary ofproperty of Mary Alice McAlpin, 160 feet ±; thence westerly along the southerly boundary ofproperty of Charles W. and Ann Crockett Pepper, 275 feet ± to the westerly line of WestonRoad; thence westerly across Weston Road to the intersection of the northerly boundary ofproperty of Walter R. and Muriel M. Parks with the westerly line of Weston Road, 50 feet ±;thence southerly along the westerly line of Weston Road, 550 feet ± to the place or point ofbeginning.Acceptance of report of Historic District Commission. The preliminary steps, pursuant to §7-147b of the General Statutes, having been accomplished, the report of the Historic DistrictCommission is hereby accepted.Administration. The Kettle Creek Historic District shall be administered in accordance with theprovisions of the General Statutes by the Historic District Commission of the Town.§93-3. Central Lyons Plain Historic District.[Added effective 8-24-1981; amended effective 3-4-1982]Created; boundaries. Pursuant to §7-147a et seq. of the Connecticut General Statutes, anhistoric district is hereby created in the Town of Weston, the boundaries of which are asfollows: Beginning at a certain point of beginning located in the Town of Weston, County ofFairfield, and State of Connecticut, at the intersection therewith of the southeasterly boundaryof lands now or formerly of Van Duyn, thence northeasterly 340 ft. ± along said southeasterlyboundary of said lands of Van Duyn, thence northwesterly 210 ft. ± along the northeasterlyboundary of lands now or formerly of Van Duyn to the southeasterly corner of lands now orformerly of McLoughlin, thence northerly and northwesterly 185 ft. ± along the northeasterlyboundaries of lands now or formerly of McLoughlin, to the southernmost point of lands now orformerly of Bowles, thence northeasterly 250 ft. ±, northwesterly 310 ft. ± and westerly 50 ft. ±along the southwesterly, northeasterly and northerly boundaries of land now or formerly ofBowles to the point of intersection of said northerly boundary with the easterly boundary ofLyons Plain Road, thence southerly along said easterly boundary of said Lyons Plain Road730 ft. ± to said point of beginning.Acceptance of report of Historic District Commission. The preliminary steps, pursuant to §7-147b et seq. of the Connecticut General Statutes, having been accomplished, the report ofthe Historic District Commission is hereby accepted.Administration. The Central Lyons Plain Historic District shall be administered in accordancewith the provisions of the Connecticut General Statutes by the Historic District Commission ofthe Town.§93-4. Bradley Edge Tool Historic District.[Added effective 8-24-1981; amended effective 2-11-1983]Created; boundaries. Pursuant to § 7-147b(b) to (g) et seq. of the Connecticut GeneralStatutes, an historic district is hereby created in the Town of Weston, the boundaries of whichare as follows: Beginning at a certain point of beginning located in the Town of Weston,

B.C.A.County of Fairfield, and State of Connecticut, at the intersection of the northerly boundary oflands now or formerly of Micans Research Corp. and the westerly edge of Lyons Plain Road,so-called, and proceeding from said point of beginning as follows: Westerly along saidnortherly boundary of said lands now or formerly of Micans Research Corp. to the westerlyboundary of said lands of said Micans Research Corp., thence, southerly along the westerlyboundary of lands now or formerly of the following, respectively, in the sequence named:Micans Research Corp., Finkelstein-Gropper, and Morris et al, thence easterly along thesoutherly boundary of lands now or formerly of Morris et al., 260 ft. ± to the intersection ofsaid southerly boundary with the westerly edge of said Lyons Plain Road, thencesoutheasterly across said Lyons Plain Road 190 feet ± to the intersection of the easterly edgeof said Lyons Plain Road with the southerly boundary of lands now or formerly of Poole,thence easterly along said southerly boundary of lands now or formerly of Poole, 490 feet ± tothe easterly boundary of said lands now or formerly of Poole, thence as follows by lands nowor formerly of the parties respectively in the sequence listed:Northwesterly 350 ft. ± then northeasterly 60 ft. ± by the northeasterly boundaries of landsnow or formerly of Poole,Northeasterly 210 ft. ± then northwesterly 40 ft. ± by the southeasterly boundary of landsnow or formerly of Freeman, andNorthwesterly 410 ft. ± along the northeasterly boundary of lands now or formerly ofManning, thence Northerly 50 ft. ± by the easterly edge of said Lyons Plain Road, thence,By the southwesterly, southeasterly, southwesterly, and northeasterly boundaries of landsnow or formerly of Ellis:Southeasterly 430 ft. ±Northeasterly 160 ft. ±Southeasterly 120 ft. ±Northwesterly 370 ft. ±, respectively, thenceBy the southeasterly boundary of lands now or formerly of LeBlond Limited, northeasterly290 ft. ± to the intersection of said southeasterly boundary with the southwesterly edge ofWhite Birch Road, so-called, thence along the common boundary which is the southwesterlyedge of said White Birch Road, and the northeasterly edge of lands now or formerly ofLeBlond Limited and then of lands now or formerly of Seanor, thenceSouthwesterly along the common boundary which is the easterly boundary of said LyonsPlain Road, and the westerly boundary of said lands now or formerly of Seanor,To the point of intersection therewith of a line normal to the center-line of said Lyons PlainRoad which also intersects the westerly boundary of said Lyons Plain Road at said point ofbeginning.Excluding therefrom all that portion of the piece or parcel included in the aforesaiddescription owned now or formerly by Micans Research Corp. that is shown unshaded in acertain map entitled "Map Prepared for Micans Research Corp., Weston, Connecticut, Scale1" = 60', March 22, 1982, Ryans and Faulds, Land Surveyors, Wilton, Connecticut, certifiedsubstantially correct," which map is to be made of record in the Weston Land Records, asrevised April 22, 1982.Acceptance of report of Historic District Commission. The preliminary steps, pursuant to §7-147b(b) to (g) et seq. of the Connecticut General Statutes, having been accomplished, thereport of the Historic District Commission is hereby accepted.Administration. The Bradley Edge Tool Historic District shall be administered in accordancewith the provisions of the Connecticut General Statutes by the Historic District Commission ofthe Town.§93-5. Den Historic District.[Added effective 2-26-1986]Created; boundaries. Pursuant to § 7-147a of the General Statutes, an historic district ishereby created in the Town, the boundaries of which are as follows: Beginning at a point onthe westerly side of Newtown Turnpike at the southwest corner of a tract of land owned byMichael J. Gibbons, thence running in a northerly direction 548 feet ± along NewtownTurnpike, being the easterly boundary of the tract of land owned by Michael J. Gibbons;thence running in a northerly direction 329 feet ± along Newtown Turnpike, being the easterlyboundary of a tract of land owned by Rocco P. DiNapoli; thence running in a northerly

B.C.direction 434 feet ± along Newtown Turnpike, being the easterly boundary of a tract of landowned by Catherine Josephine Bannin; thence running across the lane known as GrindstoneHill; thence running in a northerly direction 288 feet ± along Newtown Turnpike, being theeasterly boundary of a tract of land owned by Anthony B. Willetts and Vera G. Willetts; thencerunning in a northerly direction 220 feet ± along Newtown Turnpike, being the easterlyboundary of a tract of land owned by Catherine Barr, thence running in a northerly direction220 feet ± along Newtown Turnpike, being in part the easterly boundary of a tract of landowned by Pamela J. Dawson, and in part by Ladder Hill Road North; thence runningnorthwesterly across Ladder Hill Road North; thence running in a northwesterly direction 255feet ± along the northerly boundary of a tract of land owned by William J. Mathews andMargaret Mathews; thence running in a westerly direction 49 feet ± along the northerlyboundary of a tract of land owned by William J. Mathews and Margaret Mathews; thencerunning in a northerly direction 99 feet ± along the northerly boundary of a tract of land ownedby William J. Mathews and Margaret Mathews; thence running in a westerly direction 306 feet± along the westerly boundary of a tract of land owned by William J. Mathews and MargaretMathews, being the westerly boundary of property now or formerly of Edith M. Haehnel;thence running in a southerly direction along the westerly boundary of a tract of land ownedby William J. Mathews and Margaret Mathews, along the common boundary with property ofEsther Benenson a distance of 143 feet; thence running in a southerly direction 254 feet ±along the westerly boundary of a tract of land owned by William J. Mathews and MargaretMathews, along the common boundary with property of Esther Benenson; thence running in aeasterly direction 84 feet ± along the southwesterly boundary of a tract of land owned byWilliam J. Mathews and Margaret Mathews; along the common boundary with property ofEsther Benenson; thence running in a southerly direction 594 feet ± in a straight line throughproperty owned by Esther Benenson, said line being approximately parallel to and 145 feet ±west of Ladder Hill Road North to a point 103 feet ± west of Ladder Hill Road North along thecommon boundary of a tract of land owned by Esther Benenson and Louise Thomas Gissen;thence running in a westerly direction 257 feet ± along the northern boundary of a tract of landowned by Louise Thomas Gissen; along the common boundary with property of EstherBenenson; thence running irregularly in a northerly direction 100 feet ± along the northernboundary of a tract of land owned by Louise Thomas Gissen; along the common boundarywith property of Esther Benenson; thence running in a westerly direction 189 feet ± along thenorthern boundary of a tract of land owned by Louise Thomas Gissen; along the commonboundary with property of Esther Benenson; thence running in a northerly direction 198 feet ±along the northern boundary of a tract of land owned by Louise Thomas Gissen; thencerunning in a southwesterly direction 330 feet ± along the northwesterly boundary of a tract ofland owned by Louise Thomas Gissen along the common boundary with property of EstherBenenson; thence running in a southwesterly direction 100 feet ± along the northerlyboundary of a tract of land owned by Ellen Strauss along the common boundary with propertynow or formerly of Talco Realty; thence running in a southeasterly direction 701 feet ± alongthe southerly boundary of a tract of land owned by Ellen Strauss being the common boundaryof property now or formerly of Dana Kennedy and Muriel H. Kennedy; thence running in asoutheasterly direction across Ladder Hill Road North; thence running southerly along theeasterly side of Ladder Hill Road North 81 feet ± along the westerly boundary of a tract ofland owned by Rocco P. DiNapoli; thence along the easterly side of a Ladder Hill Road North585 feet ± along the westerly boundary of a tract of land owned by Michael J. Gibbons;thence running in a northeasterly direction 78 feet ± along the southerly boundary of a tract ofland owned by Michael J. Gibbons along the common boundary with property of AnthonyWilletts and Vera Willetts; thence running in a northeasterly direction 70 feet ± along thesoutherly border of a tract of land owned by Michael J. Gibbons along the common boundarywith a tract of land owned by Anthony Willetts and Vera Willetts; thence running in an easterlydirection 97 feet ± along the southerly border of a tract of land owned by Michael J. Gibbons,along the common boundary with a tract of land owned by Anthony Willetts and Vera Willetts,back to the point of beginning.Acceptance of report of study committee. The preliminary steps, pursuant to §7-147b of theGeneral Statutes, having been accomplished, the report of the study committee is herebyaccepted.Administration. The Den Historic District shall be administered in accordance with theprovisions of the Connecticut General Statutes by the Historic District Commission of theTown.Chapter 123. Notices[HISTORY: Adopted by the Town of Weston 10-28-1955 (§2-1 of the 1981 Code). Amendmentsnoted where applicable.]

[1]A.B.C.D.E.§123-1. Official signposts.[Amended 12-20-2012, effective 1-18-2013]The bulletin board in the office of the Town Clerk and the Town of Weston official website aredesignated as the official Town signposts for the posting of legal notices pertaining to Townmatters. All other signposts heretofore designated are discontinued for the posting of legalnotices.Chapter 129. Officers and Employees[HISTORY: Adopted by the Town of Weston as indicated in article histories. Amendments notedwhere applicable.]GENERAL REFERENCESElected officers—See Charter Art. 6.Appointed officers—See Charter Art. 8.Code of Ethics—See Ch. 64.Article I. Justices of the Peace[Adopted 6-6-1996, effective 7-4-1996]§129-1. Number; terms of office.Pursuant to §§9-183a, 9-183b and 9-183c of the Connecticut General Statutes, as amended, thenumber of Justices of the Peace for the Town of Weston shall be 10, no more than five of whomshall be members of same political party, whose term of office shall begin on the first Monday ofthe January succeeding their election and continue until the first Monday of January four yearsthereafter.Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).Chapter 135. Parks and Recreation[HISTORY: Adopted by the Town of Weston 11-15-1978; amended 10-15-1979 (Ch. 8 of the 1981Code). Subsequent amendments noted where applicable.]GENERAL REFERENCESParks and Recreation Commission—See Ch. 18, Art. VI.Reservation of open space for parks—See Ch. 230.§135-1. Rules and regulations.In accordance with Chapter 18, § 18-31 of this Code, the following regulations are adoptedconcerning Town parks and recreation areas, including the area known as "Devil's Glen NatureArea":These areas are limited to residents of this Town and their guests only unless specifiedotherwise by the Parks and Recreation Commission.There is no swimming or diving in any area unless specifically posted for that purpose.No fires or camping is permitted in parks and recreation areas unless approved by the Parksand Recreation Commission, nor shall there be any littering.No consumption of alcoholic beverages is allowed in Town parks and recreation areas withoutprior permission from the Board of Selectmen.Horseback riding is restricted to those recreational areas specifically posted for that purpose.

F. The use of any Town park or outdoor recreation area is restricted to daylight hours only,unless otherwise posted.§135-2. Regulations to be posted.These regulations will be posted in a prominent place in all Town parks and recreation areas.§135-3. Penalties for offenses.Violators of any provision of these regulations shall be subject to a maximum fine of $25 for eachviolation.Chapter 140. Peddling and Soliciting[HISTORY: Adopted by the Town of Weston 11-7-1996, effective 12-26-1996 (Ch. 11, Art. I, of the1981 Code). Amendments noted where applicable.]GENERAL REFERENCESAct relating to hawkers and peddlers—See §SA-10.Tag sales—See Ch. 175.§140-1. Definitions.The following words, terms and phrases, and their derivations, when used in this chapter, shallhave the meaning ascribed to them in this section, except where the context clearly indicates adifferent meaning:CHARITABLEIncludes the word "patriotic," "philanthropic," "social service," "health," "welfare," "benevolent,""educational," "civic," "cultural" or "fraternal," either actual or purported.CONTRIBUTIONIncludes the word "alms," "money," "subscription," "property" or any donations under the guiseof a loan or money or property.DEPARTMENTThe Police Department.CHIEFThe Police Chief or his duly authorized representative.PEDDLERAny person who goes upon the premises of any private residence in the Town, not havingbeen invited by the occupant thereof, carrying or transporting goods, wares, merchandise orpersonal property of any nature and offering the same for sale. This definition also includesany person who solicits orders and as a separate transaction makes deliveries to purchasersas part of a scheme to evade the provisions of this chapter.PEDDLINGIncludes all activities ordinarily performed by a peddler as indicated under the definition of"peddler."PERSONA natural person or any firm, corporation, association, club, society or other organization.SOLICITATIONIncludes all activities ordinarily performed by a solicitor as indicated under the definition of"solicitor."SOLICITORAny person who goes upon the premises of any private residence in the Town, not havingbeen invited by the occupant thereof, for the purpose of taking or attempting to take orders for

A.B.C.[1]D.A.B.C.D.A.B.C.D.the sale of goods, merchandise, wares, or other personal property of any nature for futuredelivery, or for services to be performed in the future. This definition also includes any personwho, without invitation, goes upon private property to request contribution of funds or anythingof value, or to sell goods or services, for political, charitable, religious, or other noncommercialpurposes.§140-2. Permit required; exemptions.It shall be unlawful for any person 18 years of age or older to engage in peddling or solicitationactivities within the Town of Weston without first obtaining a permit issued by the PoliceDepartment; provided, however, that the following are exempted from the provisions of thissection:Any solicitation made upon premises owned or occupied by an organization upon whosebehalf the solicitation is made;Any communication by an organization soliciting contributions solely from persons who aremembers of the organization at the time of such solicitation;Any solicitation in the form of a collection at a regular meeting, assembly or service of acharitable person; orAny sales by farmers and gardeners of the produce of their farms, gardens and greenhouses,including fruit, vegetables and flowers, or the sale, distribution and delivery of milk, teas,coffees, spices, groceries, meats and bakery goods, sales on approval, conditional sales ofmerchandise, or the taking of orders for merchandise for future delivery when full payment isnot required at the time of solicitation.[1]Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II).§140-3. Permit for sponsoring juvenile peddlers.No person under the age of 18 shall be permitted to engage in peddling except as provided inthis section.A permit shall be obtained by a sponsoring person, company or organization for the conductof any peddling or solicitation activities involving, in whole or in part, a sales force of one ormore persons under 18 years of age.The sponsor shall be responsible for supervising and controlling the conduct of all persons,including juveniles, peddling under the sponsor's permit.The sponsor shall provide to each individual in its sales force a badge or other easilyreadable form of identification which identifies the name of the sponsor and the name of theindividual. The sponsor shall require all individuals in its sales force to wear such identificationso that it is clearly visible at all times when the individuals are peddling or soliciting.§140-4. Permit application.Every person subject to the provisions of this chapter shall file with the Police Department anapplication in writing, on a form to be furnished by the Department, which shall provide thefollowing information:Proof of age, address and identification of the applicant, to be provided through theapplicant's driver's license, articles of incorporation (for sponsors), or other legally recognizedform of identification;A brief description of the business or activity to be conducted;The hours and location for which the right to peddle or solicit is desired;If employed, the name, address and telephone number of the employer or, if acting as anagent, the name, address and telephone number of the principal who is being represented,

E.F.G.[1]A.B.C.D.(1)(2)(3)(4)A.with credentials in written form establishing the relationship and the authority of the employeeor agent to act for the employer or principal, as the case may be;A statement as to whether or not the applicant has been convicted of a felony, misdemeanoror ordinance violation (other than traffic violations), the nature of the offense or violation, thepenalty or punishment imposed, the date when and place where such offense occurred, andother pertinent details thereof;Proof of possession of any license or permit which, under federal, state or local laws orregulations, the applicant is required to have in order to conduct the proposed business orwhich, under any such law or regulation, would exempt the applicant from the licensingrequirements of this chapter; andTwo photographs of the applicant which shall have been taken within 60 days immediatelyprior to the date of filing of the application. The photographs shall measure two inches by twoinches and show the head and shoulders of the applicant in a clear and distinguishingmanner.§140-5. Fees.At the time the application is filed with the Police Department, a fee, as set forth by the Permit FeeSchedule on file in the Chief of Police's office, shall accompany each permit request. The fee maybe waived for charitable nonprofit organizations. A veteran qualified as provided in §21-37 of theConnecticut General Statutes shall not be required to pay the permit fee.Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).§140-6. Application review and permit issuance.Upon receipt of an application, the Chief of Police shall review the application as deemednecessary to ensure the protection of the public health, safety and general welfare.If the Chief finds the application to be satisfactory, he shall endorse his approval on theapplication and shall, upon payment of the prescribed fee, deliver the required permit to theapplicant.The permit shall show the name, address and photograph of the permittee, the class of permitissued, the kind of goods or services to be sold or delivered, the date of issuance, and thelength of time that the permit shall be in effect. The permit shall also show the permit numberand identifying description of any vehicle to be used in carrying on the business for which thepermit is issued.A record of all permits issued shall be maintained by the Department for a period of twoyears.§140-7. Denial of permit.Upon the Chief's review of the application, he may refuse to issue a permit to the applicantunder this chapter for any of the following reasons:The location and time of solicitation or peddling would endanger the safety and welfare ofthe solicitors, peddlers or their customers;An investigation reveals that the applicant falsified information on the application;The applicant has been convicted of a felony, misdemeanor or ordinance violationinvolving a sex offense, trafficking in controlled substances, or any violent acts againstpersons or property, such conviction being entered within the five years preceding thedate of application;The applicant is a person against whom a judgment based upon, or conviction for, fraud,deceit or misrepresentation has been entered within the five years immediately precedingthe date of application;

(5)(6)B.A.There is no proof as to the authority of the applicant to serve as an agent to the principal;orThe applicant has been denied a permit under this chapter within the immediate pastyear, unless the applicant can and does show to the satisfaction of the Chief that thereasons for such earlier denial no longer exist.The Chief's disapproval and the reasons for disapproval shall be noted on the application,and the applicant shall be notified that his application is disapproved and that no permit willbe issued. Notice shall be mailed to the applicant at the address shown on the applicationform or at the applicant's last known address.§140-8. Permit expiration.All permits issued under the provisions of this chapter shall expire 30 days from the date ofissuance, unless an earlier expiration date is noted on the permit.§140-9. Identification badges.At the same time the permit is issued, the Chief shall issue to each permittee a badge, which shallbe worn by the permittee in such a way as to be conspicuous at all times while the permittee issoliciting or peddling in the Town.§140-10. Permit exhibition.Every person required to obtain a permit under the provisions of this chapter shall exhibit thepermit when requested to do so by any prospective customer or by a member of the PoliceDepartment.§140-11. Transfer of permit or badge prohibited.It shall be unlawful for any person other than the permittee to use or wear any permit or badgeissued under the provisions of this chapter.§140-12. Entry upon signed premises unlawful.It shall be unlawful for any person, whether licensed or unlicensed, while conducting the businessof a peddler or solicitor, to enter upon any residential premises in the Town where the owner,occupant or person legally in charge of the premises has posted, at the entry to the premises, orat the entry to the principal building on the premises, a sign bearing the words "No Peddlers," "NoSolicitors," or words of similar import.§140-13. Hours of solicitation.No person, while conducting the activities of a peddler or solicitor, whether licensed or unlicensed,shall enter upon any private property, knock on doors or otherwise disturb persons in theirresidences between the hours of 9:00 p.m. and 9:00 a.m.§140-14. Permit revocation.Any permit issued under this chapter may be revoked or suspended by the Chief of Police or hisauthorized representative, after notice and hearing, for any of the following reasons:Fraud, misrepresentation or false statement contained in the application for a permit;

B.C.D.E.A.B.C.D.E.F.[1]A.B.Fraud, misrepresentation or false statement made by the permittee in the course ofconducting solicitation or peddling activities;Conducting peddling or solicitation activities contrary to the provisions contained in the permit;Conviction for any crime involving moral turpitude; orConducting peddling or solicitation activities in such a manner as to create a public nuisance,constitute a breach of the peace or endanger the health, safety or general welfare of thepublic.§140-15. Notice of hearing on permit revocation.Notice of a hearing for revocation of a permit issued under this chapter shall be provided in writingand shall set forth specifically the grounds for the proposed revocation and the time and place ofthe hearing. Notice shall be mailed, postage prepaid, to the permittee at the address shown on thepermit application or at the last known address of the permittee.§140-16. Appeals.Any person aggrieved by the action or decision of the Chief of Police to deny, suspend orrevoke a permit applied for under the provisions of this chapter shall have the right to appealsuch action or decision to the Selectmen within 15 days after the notice of the action ordecision has been mailed to the person's address as shown on the permit application form orto his last known address.An appeal shall be taken by filing with the Chief a written statement setting forth the groundsfor the appeal.The Chief shall transmit the written statement to the Selectmen within 10 days of its receipt,and the Selectmen shall set a time and place for a hearing on the appeal.A hearing shall be set not later than 20 days from the date of receipt of the appellant's writtenstatement.Notice of the time and place of the hearing shall be given to the appellant in the same manneras provided for the mailing of notice of action or decision.The decision of the Selectmen on the appeal shall be final and binding on all partiesconcerned.§140-17. Claims of exemption.Any person claiming to be legally exempt from the regulations set forth in this chapter, or from thepayment of a permit fee, shall cite to the Chief of Police the statute or other legal authority underwhich exemption is claimed and shall present to the Chief proof of qualification for suchexemption.§140-18. Penalties for offenses.Violation of any of the provisions of this chapter shall be treated as an infraction and shall,upon conviction, be punishable by fine in the amount of $90 as set forth in ConnecticutGeneral Statutes §21-38.[1]Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).In addition to any criminal enforcement, the Town or any individual may pursue any availablecivil remedies deemed appropriate and necessary.Chapter 145. Property Maintenance

A.B.[1][HISTORY: Adopted by the Town of Weston 1-6-1971; amended in its entirety 12-6-2018, effective12-29-2018. Subsequent amendments noted where applicable.]GENERAL REFERENCESSolid waste—See Chs. 164 and 225.Streets, sidewalks and public places—See Ch. 169.§145-1. Unregistered motor vehicles.No person shall place, store, or deposit, whether in connection with a business or otherwise,and no property owner shall allow to be placed, stored or deposited, whether in connectionwith a business or otherwise, upon the real property in the Town of Weston, more than oneunregistered motor vehicle which is not garaged. All other motor vehicles not garaged butlocated on real property in Weston shall meet all current State of Connecticut Department ofMotor Vehicles requirements, including but not limited to registration, insurance, and allinspections.Persons having more than one unregistered motor vehicle shall have these vehicles enclosedin a garage. All motor vehicles located or garaged on real property in the Town of Westonshall be the responsibility of the occupant of the property upon which the vehicle is located orgaraged. The Board of Selectmen may grant an administrative waiver of these requirementsfor a specific duration in instances of specific and temporary emergency situations.§145-2. Abandoned vehicles.These regulations shall also apply to abandoned motor vehicles in the Town of Weston. However,nothing herein shall abridge or reduce any rights the Town of Weston may have under Connecticutlaw pertaining to abandoned vehicles. The Board of Selectmen shall have the authority toestablish a schedule of fines and notices for violations of this chapter. Such notices and/or finesmay be amended from time to time by the Board of Selectmen.§145-3. Definitions.As used in this chapter, the following terms shall have the meanings indicated:GARAGEA building enclosed on four sides with a roof.MOTOR VEHICLEThe same as described in §14-1(52)[1] of the Connecticut General Statutes.Editor's Note: See C.G.S. §14-1(58).§145-4. Junk and other debris.No person shall place, store or deposit upon real property in the Town of Weston any junk, debris,waste and secondhand material in such quantity and in such manner as to cause unsightly,offensive and repugnant appearances and/or odors.§145-5. Enforcement.Any person who violates any provision of this chapter shall be subject to a penalty as set forth inChapter 1, §1-6, of this Code. The Town of Weston may enforce any violation of this chapter bycitation pursuant to Chapter 39 of this Code.Chapter 164. Solid Waste

A.B.C.D.E.[HISTORY: Adopted by the Town of Weston 5-1-1974; amended in its entirety 4-7-1980, effective5-1-1980 (Ch. 14, Art. II, of the 1981 Code). Subsequent amendments noted where applicable.]GENERAL REFERENCESOutdoor burning—See Ch. 32.Deposit of waste—See Ch. 169, Art. I.Solid waste and recycling regulations—See Ch. 225.Article I. General Provisions§164-1. Definitions.The following words and terms when used in this chapter shall have the meanings ascribedthereto in this section, unless the context clearly indicates a different meaning:ASHESThe solid residue of combustion of any type of fuel.COMMERCIAL REFUSE COLLECTORAny natural person, partnership, firm or corporation licensed by the Board of Selectmen toengage in the business of collecting, transporting, and disposing of refuse in the Town for afee.COMMERCIAL SEPTIC WASTE COLLECTORAny natural person, firm, partnership or corporation licensed by the Board of Selectmen toengage in the business of removing, collecting, transporting and disposing of septic wastematerial in the Town for a fee.CONSTRUCTION WASTEWaste and portions thereof resulting from clearing, excavating, demolition, construction orreconstruction performed by any person, firm or government agency.GARBAGEAny animal or vegetable matter or product of the putrefaction or decomposition thereof whichaccumulates in the preparation of food and any offal or refuse of meats, fish, fowl, vegetablesor spoiled foods and other refuse or waste subject to decay.GARDEN AND LAWN REFUSEAll branches, prunings from trees and bushes, lawn trimmings, etc.HAZARDOUS WASTESThose solid and/or liquid wastes as defined by the Department of Energy and EnvironmentalProtection of the State of Connecticut and the United States Environmental ProtectionAgency, including wastes in the following classifications:Explosives.Pathogenic or pathological wastes.Radioactive wastes.Cleaning fluids, acids, poisons or other chemical wastes which either create animmediate safety hazard to persons disposing of the waste or which by virtue of theirchemistry and/or method of disposal present a threat to the quality of ground- or surfacewaters.Hospital operating room wastes.PERSONAny natural person, partnership, firm, or corporation.REFUSEShall be construed to be all-inclusive and shall include, but not be limited to, all solid wastesof the community, including all garbage, ashes, rubbish, trade wastes, salvageable tradewastes, paper, cardboard, plastics, metal cans, glass, bottles, garden and lawn refuse,excelsior, furniture, bedding, rubber, leather, etc. "Refuse" shall not include body wastes,septic waste or hazardous wastes.

A.B.(1)(2)(3)A.B.C.D.E.RUBBISHRefuse such as paper, rags, plastics, cartons, boxes, wood, rubber, glass, bottles, tin cans,metal food containers, tinware, scrap metal, auto parts, pipe, other metallic substances,rocks, sod, earthenware, brick, concrete, plaster, and other mineral substances.SALVAGEABLE TRADE WASTESAll refuse that has use or value to a person, firm, corporation or establishment other thanthose producing the same.SELECTMENThe Board of Selectmen of the Town of Weston.SEPTIC WASTEMaterials removed from sewers, septic tanks, cesspools and other devices used for thecapture and treatment of putrefactive material.TOWNThe Town of Weston.TRADE WASTESAll wastes and portions thereof from wholesale and retail establishments, end products ofmanufacturing, end products of food preparation for sale, or scraps of leftovers or nonsalableportions thereof.§164-2. Conformance required.From and after the effective date of this chapter, and for reasons of health and sanitation, itshall be unlawful for any person, firm or corporation to dispose of or to accumulate or topermit to accumulate upon private property in the Town any refuse, septic waste, orhazardous wastes except in conformance with the provisions of this chapter.For the purposes of this chapter, activities usually connected with gardening and agriculture,such as composting, fertilizing and storage of garden and lawn refuse as defined in §164-1,shall not be deemed to be violations of this section.§164-3. Preparation of waste for collection; containers.Every person who contracts with a commercial refuse collector to collect and dispose of hisrefuse, etc., shall prepare the same as follows:All refuse shall be drained of liquid insofar as practical and shall be placed in sanitary,leakproof, covered containers made of nonabsorbent material, provided with closelyfitting covers.The same shall not exceed 30 gallons in size and shall be of a rust-resistant material.The containers shall be furnished by the customer and shall be replaced by the customerwhen no longer in good condition.Newspapers shall be properly bundled and separated from regular refuse or garbage. Thenewspapers shall be tied in bundles not to exceed 12 inches in height and secured with twineor string in such a way as to be readily removable and secure.Ashes, vacuum cleanings, disposable diapers, pet litter and other like items of garbage andrefuse shall be placed in sealed, watertight bags. All such assembled, boxed or bundledrefuse shall be of units which can be handled by one person and shall be placed orassembled in such a way as to facilitate collection.All refuse shall be assembled, boxed or bundled in such a way that it will not be disseminatedby wind or otherwise while awaiting collection.The content of any container shall not exceed 35 pounds in weight.§164-4. Public or private dumps.

A.B.A.B.No person other than the Town shall use or permit to be used any spot or place within theTown as a public or private dump for refuse or other waste materials.No person within the Town shall bury refuse, septic waste or hazardous wastes upon public orprivate property.§164-5. Penalties for offenses; enforcement.Violators of any provision of this chapter shall be regulated as described below. In addition,any violation shall be subject to a fine of not more than $100 for each day that such violationor failure to comply continues.The First Selectman, or his agent, will issue a written warning to any individual, collector orcommercial operator for violations of the provisions of this chapter, or any pertinentregulations of the Department of Energy and Environmental Protection or the Aspetuck ValleyHealth District. Subsequent violations by the same individual, collector, or commercial haulershall result in the revocation of any license or permit issued under the provisions of thischapter; provided, however, that any person alleged to have violated any section of thischapter shall be given seven days' notice thereof by the First Selectman and an opportunityfor a hearing before the Board of Selectmen. The Board of Selectmen at that hearing maygrant to such licensee or permittee a reasonable period of time to correct such violation. TheBoard of Selectmen shall render a decision on such hearing within seven days.Article II. Licenses and Permits§164-6. When required.It shall be unlawful for any person, firm or corporation to collect septic waste or hazardous wastein the Town without first obtaining a license or permit to do so. It shall also be unlawful for anyperson, firm or corporation to remove or dispose of refuse, septic waste or hazardous waste in theTown without first obtaining a license or permit to do so. The Board of Selectmen, upon approvalof a completed application, may issue a license or permit to said person.§164-7. Applications.Every person desiring to engage in the business of collection, transportation or disposal of refuse,septic waste or hazardous wastes for a fee shall make written application to the Board ofSelectmen on a form provided for that purpose, setting forth the name of such person and of hisbusiness, his residence address, the address of his place of business, the number of commercialvehicles he intends to operate in the Town, and other information related to the collection,transportation and disposal of the same.§164-8. Expiration; renewal.A license issued under the preceding sections shall expire on the first day of July of each year.Licenses may be renewed annually in the same manner upon payment of the original fee, unlessrevoked in accordance with the terms of this chapter.§164-9. Resident's permit.A resident's permit issued under the provisions of this chapter shall be valid for the period July 1 toJune 30 of each year and shall be issued only to the residents of the Town of Weston. A permitshall entitle the bearer to collect, transport and dispose of any refuse generated by his ownresidence. Permits may be renewed annually in the same manner and upon payment of a likeannual fee as herein provided.

(1)(a)(b)(c)(d)(e)(2)(3)A.[1]B.§164-10. Disposal of building materials.Notwithstanding the foregoing, any person engaged in construction, remodeling, or demolition of abuilding on real property located in the Town of Weston may, upon approval of an application andthe payment of a fee as hereinafter provided, transport and dispose of building materialsgenerated by such construction, remodeling and demolition.§164-11. Transferability.All licenses and permits shall be nontransferable.§164-12. Collection of newspapers.As a condition of a Class A license or permit issued pursuant to this chapter, the licensee orpermittee shall agree to collect and transport to the sanitary landfill site all properly bundlednewspapers. No licensee or permittee shall collect and transport to the sanitary landfill site looseor unbundled newspapers or magazines.§164-13. Fees.License and permit fees on the following basis shall be established by the Board ofSelectmen:Class A permit (commercial collector): shall include one regular route truck and satellitepickup trucks of no larger than three-fourths-ton capacity. Any additional regular routetrucks shall require an additional permit.Class B permit: license for transportation and disposition of building and demolitionmaterials by the following vehicles:Pickup or small dump truck (maximum 11/2 water level body).Six-wheel open/closed body truck.Ten-wheel open/closed body truck.Tractor-trailer open/closed body.Rolloff containers.Class C permit: resident's permit, includes the following vehicles: private passengervehicles and station wagons. There shall be no fee for the dumping of wood chips.The annual fee schedule adopted each year by the Board of Selectmen shall become a partof this chapter as Exhibit A attached hereto and shall continue in full force and effect untilamended by the Board of Selectmen. The Board of Selectmen shall annually review the feeschedule and, on 30 days' notice, by publication in a newspaper having a substantialcirculation in the Town of Weston, after a public hearing, may increase or decrease any fee.[1]Editor's Note: Exhibit A is on file in the Clerk's office.§164-14. Filing of rate and route schedules; notice of ratechange.Each licensed commercial collector shall file with the Board of Selectmen, by July 1 annually, aschedule of basic rates for collection and the route schedule which he maintains for the collectionof refuse. Collectors shall notify the Board of Selectmen in writing 10 days prior to any ratechange.

[1][2]A.B.C.A.B.§164-15. Hours of collection.Collection of refuse from residences within the Town may be carried out only between the hoursestablished by the Board of Selectmen in regulations promulgated pursuant to this chapter.[2]Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).Editor's Note: See Ch. 225, Solid Waste and Recycling Regulations.§164-16. Financial responsibility.Before any license is issued to any commercial refuse or septic waste collector, said collector shallprovide the Town with certificates of public liability insurance in an amount not less than $300,000and property damage insurance in an amount of not less than $100,000.Article III. Vehicles and Equipment Used by Commercial RefuseCollectors§164-17. Inspections.Safety inspection. No vehicle shall be approved for a license or renewal of license by theBoard of Selectmen or its agent until after it has been inspected for safety equipment by theWeston Police Department, in conformance with the motor vehicle laws of the State ofConnecticut.Sanitary inspection. No vehicle shall be approved for a license or renewal of license by theBoard of Selectmen until after it has been inspected for sanitary requirements as stated in§§164-18 and 164-19 of this chapter by the Director of the Aspetuck Valley Health District orhis agent.Additional inspections. In addition to the initial inspections before licensing, all vehicles andequipment used for the collection and transportation of refuse within the Town shall be subjectto spot inspection at any time by the Aspetuck Valley Health District or its agent.§164-18. Vehicle equipment requirements.Any refuse, other than garbage and other putrescible wastes, may be transported innonwatertight vehicles when such vehicles are sufficiently covered to prevent the escape ofmaterials being transported.All vehicles used for transportation of garbage or any type of putrescible wastes must beequipped with covered watertight metal containers, unless the vehicle itself is of closedconstruction on the bottom, front, rear and sides. The interior body of such closedconstruction vehicles shall have a watertight lining of metal on the entire bottom and on thefront and sides, or the entire body shall be of metal, with a metal tailgate not less than 12inches in height. All such vehicles shall be equipped with metal covers and/or loading doorsconstructed to prevent leakage, access of flies, or the scattering of contents. All covers,loading doors, and like openings on said vehicles and equipment shall be kept closed exceptwhen loading and unloading and except during portal-to-portal pickups on local streetsbetween houses.§164-19. Sanitary maintenance requirements.All vehicles and equipment used for refuse disposal by commercial refuse collectors shall be keptclean and sanitary at all times and shall meet the requirements of the Aspetuck Valley HealthDistrict and the Department of Energy and Environmental Protection of the State of Connecticut.From May 1 to November 1 of each year such vehicles shall be swept and washed out daily.

(1)(2)A.B.C.D.During the rest of the year this care shall be given as needed but at least once per week. TheAspetuck Valley Health District or its agent may at any or all times require the commercial refusecollector to spray his vehicle or vehicles with an approved insecticide and/or deodorizingcompound.Article IV. Sanitary Landfill Operation§164-20. Permit or license required for entry.No person or vehicle shall be admitted to the landfill without first displaying a valid license orpermit for admission issued by the Selectmen.§164-21. Material originating outside of Town.No material originating outside of the Town will be accepted at the landfill.§164-22. Access to landfill.The vehicle entrance to the landfill will be closed by a fence and gate, and said gate will beopen only:When an authorized Town employee is on the premises.Between such hours as determined by the Selectmen, such hours to be posted at theentrance to the landfill site.The landfill will be open on Saturday for residents only, and no commercial vehicles will beallowed to use the facility, except that the First Selectman or his agent may upon four hours'notice permit the landfill to be open to commercial vehicles on Saturdays.The landfill will be closed on all Sundays and certain holidays designated by the Board ofSelectmen, except in times of emergency declared to be such by a majority of the Selectmen.Any unauthorized person who enters or otherwise causes entry of a vehicle or other personsat the landfill in violation of any provision of these regulations will be prosecuted to the fullextent of the law.§164-23. Conformity with state regulations.The landfill will be operated in conformity with the applicable regulations of the State Departmentof Energy and Environmental Protection.§164-24. Obedience to landfill operator.Licensed collectors or their agents and residents must, when at the landfill, obey the directions ofthe operator, or his assistants, in unloading their vehicles or otherwise using the premises.§164-25. Penalties for offenses.Penalties will be assessed against collectors, commercial operators or individual householders forviolations of the regulations, as described in §164-5.§164-26. Material to be separated.

A.B.C.D.E.F.G.H.I.J.K.L.M.A.B.Separate sites will be maintained at the landfill for the disposal of specified categories of material.§164-27. Preparation or sorting of waste material.The following items will be accepted at the site and will be prepared and sorted by the individualinto the following categories:Stumps will be cut flush with the ground prior to dumping.Green brush delivered by residents will be bundled and tied with twine or rope with the cutends facing in the same direction and must be free of other refuse.Green brush from commercial operators or delivered by licensed collectors must be inchipped form.Dead brush and leaves may be mixed; the maximum length of any item of brush shall be 36inches.Logs will be cut into ten-foot lengths or less and stacked when dumped.Rocks, boulders, and clean fill.Building and construction materials.Products of building demolition.Scrap metal and metal appliances.Bulky items, such as furniture, rugs, and similar nonmetallic items.Papers and magazines stacked and tied four ways into bundles no higher than 12 inches.Glass bottles.Tires.§164-28. Contaminating liquids.Disposal of contaminating liquids is not permitted at the landfill.§164-29. Other items not accepted.The following item(s) will not be accepted at the site: hazardous wastes or sludge from septicsystems.The Board of Selectmen hereby reserve the right to refuse to accept at the landfill site any ofthe items defined in §164-1 at any time, without notice, if it is deemed inadvisable, dangerousor unhealthy to deposit such materials, such determination to be made by the Board ofSelectmen, Aspetuck Valley Health District or State of Connecticut Department of Energy andEnvironmental Protection.§164-30. Household garbage.Residents may dispose of household garbage at the site. All household garbage deposited byresidents will be contained in plastic bags whose openings are tied.§164-31. Inspection of materials prior to disposal.

[1]A.B.C.D.A.B.The attendant at the site will personally inspect and approve each load of material before it isremoved from the vehicle. Vehicles containing material not conforming to the above regulationswill not be allowed access to the site.Article V. Administration and Enforcement§164-32. Regulation by Selectmen.As required by §22a-220 of the Connecticut General Statutes, the Town of Weston, acting by itsBoard of Selectmen, shall make provision for the disposal of all solid wastes generated within theTown, and, pursuant to §§7-148 and 22a-220 of the Connecticut General Statutes, the Board ofSelectmen may regulate and control the collection, depositing, disposal and removal of all solidwaste, garbage, rubbish, trash, tires, brush, stumps, demolition waste and similar material withinthe Town of Weston and charge reasonable fees to license and to defray the costs in whole or inpart for providing such solid waste disposal facilities and services and the cost of regulating suchactivities.Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).§164-33. Powers of Selectmen.The Board of Selectmen may:Dispose of solid wastes generated within the boundaries of the Town or may contract for thedisposal of such solid wastes at a location or locations outside the Town;Determine which types of waste materials may be disposed of both inside and outside theboundaries of the Town;Operate or contract for collection and transfer facilities for solid waste materials which are tobe collected and transported out of the Town and adopt regulations for such facilities; andAdopt regulations to license and issue permits for collection and disposal of solid waste withinthe Town, including the type of vehicles used for collection of solid waste and sanitaryconditions for vehicles.§164-34. Determination of fees.The fees to be charged shall be within the discretion of the Board of Selectmen and may bechanged by it from time to time, and all fees charged by the Board of Selectmen for licensingand defraying the cost of providing solid waste disposal facilities prior to the passage of thischapter are approved and validated. Different rates may be charged for the disposal ofdifferent types of solid waste materials, including but not limited to garbage, trash, demolitionmaterials, construction debris, brush and tires. The rates charged for each type of materialshall not exceed the cost to the Town of disposing of each type of material, and the totalcharges shall not exceed the cost to the Town of providing facilities for regulating anddisposing of solid waste.The Board of Selectmen may determine which of the costs incurred by the Town shall be paidfor by the Town without reimbursement by users of the solid waste facilities and servicesprovided by the Town and which costs shall be charged to such users of the facilities andservices.§164-35. Use of Town vehicles.Town vehicles may be used to haul solid waste to the Town's facility where public necessityrequires it or to haul solid waste generated by Town government operations.§164-36. Prohibited activities; penalties for offenses.

[1]It shall be unlawful for any person who is not licensed by the Town of Weston, in accordance withlicensing and permit provisions and regulations adopted by the Board of Selectmen, to engage inthe business of collecting, transporting or disposing of refuse in the Town for compensation. Anyperson who violates the provisions of this section shall, in addition to other legal remediesavailable to the Town, be fined as provided in §165-5 of this chapter for each offense, and eachact of collecting, transporting, or disposing of solid waste shall be a separate violation.Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).Article VI. Recycling[Added 12-6-1990, effective 1-2-1991]§164-37. Establishment of recycling program.There is established a Town solid waste recycling program with standards to effect the maximumlevel of recycling of solid waste and source separation.§164-38. Definitions.For the purposes of this article, the following terms shall have the meanings indicated:ACCEPTABLE RECYCLABLE MATERIALSThose items to be received and processed at the SWEROC Regional IntermediateProcessing Center, including glass food and beverage containers, metal food and beveragecontainers, newspaper and certain HDPE and PET plastic food and beverage containers andother recyclables determined by SWEROC.CARDBOARDCorrugated boxes and similar corrugated and kraft paper materials which have a minimum ofcontamination by food or other material.COLLECTORAny person who holds himself out for hire to collect solid waste from residential, business,commercial and other establishments within the Town.COMMISSIONERThe Commissioner of Energy and Environmental Protection of the State of Connecticut or hisauthorized agent.GENERAL STATUTESThe General Statutes of Connecticut, as amended.GLASS FOOD AND BEVERAGE CONTAINERA glass bottle or jar of any size or shape used to package food or beverage products suitablefor human or animal consumption.HDPE (HIGH-DENSITY POLYETHYLENE) PLASTIC FOOD AND BEVERAGE CONTAINERAny high-density polyethylene bottle, jar or container of any size or shape used to packagefood or beverage products suitable for human or animal consumption or used for householdlaundry products or motor oil which is marked on the bottom with the number "2" encircled bythe recycling symbol.INTERCOMMUNITY AGREEMENTThe agreement of September 15, 1989, entered into by the towns and cities in southwestConnecticut to form SWEROC and establish a regional recycling program.INTERMEDIATE PROCESSING FACILITY or INTERMEDIATE PROCESSING CENTERA facility where glass, metals, paper products, batteries, household hazardous waste,fertilizers and other items are removed from the waste stream for recycling or reuse.LEAVESThe foliage of trees.

METAL FOOD AND BEVERAGE CONTAINERAn aluminum, bimetal, steel, tin-plated steel, or other metallic can, plate or tray of any size orshape used to package food or beverage products suitable for human or animal consumption.NEWSPAPERUsed or discarded newsprint which has a minimum of contamination by food or othermaterial.OFFICE PAPERUsed or discarded high-grade white paper and manila paper, including but not limited topaper utilized for file folders, tab cards, writing, typing, printing, computer printing andphotocopying, which is suitable for recycling and which has a minimum of contamination,excluding office paper generated by households.PERSONAny individual, organization, corporation, trust, partnership, foundation, group, association, orestablishment or any combination of them.PET (POLYETHYLENE TEREPHTHALATE) PLASTIC FOOD AND BEVERAGE CONTAINERAny polyethylene terephthalate bottle, jar or container of any size or shape used to packagefood or beverage products suitable for human or animal consumption which is marked on thebottom of the bottle, jar or container with the number "1" encircled by the recycling symbol.RECYCLABLES or ITEMS REQUIRED TO BE RECYCLED or STATUTORY RECYCLABLEMATERIALSCardboard, glass food and beverage containers, metal food and beverage containers,newspaper, certain HDPE and PET plastic food and beverage containers, office paper, scrapmetal, storage batteries and waste oil, as defined herein, and such other items as may bedesignated by the Commissioner.RECYCLETo separate or divert an item or items from the solid waste stream for the purposes ofprocessing them or causing them to be processed into a material product, including theproduction of compost, in order to provide for disposition of the item or items in a manner,other than incineration or landfilling, which will best protect the environment.RECYCLINGThe processing of solid waste to reclaim material therefrom.RECYCLING FACILITY or RECYCLING CENTERLand and appurtenances thereon and structures where recycling is conducted, including butnot limited to an intermediate processing center.RESIDENTIAL PROPERTYReal estate containing one or more dwelling units, excluding hospitals, institutions, motelsand hotels.RESOURCES RECOVERY FACILITYA facility utilizing processes to reclaim energy from municipal solid waste and, particularly, theGreater Bridgeport Resources Recovery Facility located in Bridgeport.SCRAP METALUsed or discarded items which consist predominately of ferrous metals, aluminum, brass,copper, lead, chromium, tin, nickel or alloys thereof, including but not limited to white goodsand metal containers.SOLID WASTESolid, liquid, semisolid or contained gaseous material that is unwanted or discarded, includingbut not limited to material processed at a recycling facility.SOLID WASTE DISPOSAL AREALand and appurtenances thereon and structures, including a landfill or other land disposalsite, used for the disposal of more than 10 cubic yards of solid waste.SOLID WASTE FACILITYAny solid waste disposal area, volume reduction plant, transfer station, woodburning facility,or biomedical waste treatment facility.STATE

A.B.C.D.E.A.B.The State of Connecticut.STORAGE BATTERYLead acid batteries or other batteries used in motor vehicles, such as automobiles, airplanes,boats, recreational vehicles, tractors and like applications.SWEROCThe Southwest Connecticut Regional Recycling Operating Committee created by theintercommunity agreement among the towns and cities in southwest Connecticut to establisha regional recycling program.TOWNThe Town of Weston, and includes authorized officers, boards, commissions and agencies ofthe Town.WASTE OILCrankcase oil that has been utilized in internal combustion engines.§164-39. Administration.The Board of Selectmen is vested with full powers to develop and operate a recycling programconsistent with this article, the intercommunity agreement establishing the Southwest ConnecticutRegional Recycling Operating Committee, policies promulgated by SWEROC and the laws andregulations of the state. The Board of Selectmen shall appoint an administrator of the recyclingprogram to supervise the operation and coordination of the recycling program established by theBoard of Selectmen.§164-40. Town obligations.Under the provisions of the intercommunity agreement, the Town of Weston has the followingobligations:To require residential acceptable recyclable materials generated within its boundaries asdetermined by SWEROC to be processed pursuant to the provisions of the intercommunityagreement;To have residential statutory recyclable materials that are not processed at the regionalintermediate processing center and all commercial and nonresidential statutory recyclablematerials generated within its boundaries processed in accordance with applicableregulations of Connecticut state agencies;To collect and/or receive and transfer to the regional intermediate processing center or suchplace as designated by SWEROC all residential acceptable recyclable materials asdetermined by SWEROC;To pay to SWEROC each month the Town's proportionate share of the cost associated withits participation in the regional recycling program; andTo meet any other obligations in accordance with the terms of the intercommunity agreement,as it may be amended from time to time.§164-41. Fulfillment of contractual and statutory obligations.By adoption of this article, the Town shall:Fulfill its obligation under Section 2.08 of the April 27, 1990, agreement between the State ofConnecticut and SWEROC to adopt "a mandatory source separation ordinance ... sufficient toimplement its recycling program in the context of the regional recycling effort"; andComply with §22a-220 of the General Statutes, as amended by Section 2 of Public Act 90-220, "To adopt an ordinance... setting forth measures to assure the compliance of personswithin its boundaries with the requirements of Subsection (c) of Section 22a-241b, as

[1](a)(b)(c)(d)(e)(f)(g)(h)(i)(1)(a)(b)(c)(d)(e)(f)(2)A.(1)(2)(3)(4)(5)B.amended by Section 1 of (Public Act 90-220) and to assure compliance of collectors with therequirements of Subsection (a) of Section 4 of (Public Act 90-220)."§164-42. Regulations and instructions.The Board of Selectmen is authorized and directed to promulgate regulations and instructionssetting forth detailed procedures to be followed by residents, businesses and institutions,collectors and others, to be binding upon all persons within the Town.[1]Editor's Note: See Ch. 225, Solid Waste and Recycling Regulations.§164-43. Separation of items to be recycled.Residential.On and after January 1, 1991, each person who generates solid waste from residentialproperty within the Town shall separate from other solid waste the following recyclableitems:Cardboard;Glass food and beverage containers;Leaves;Metal food and beverage containers;Newspaper;Scrap metal;Storage batteries;Waste oil; andCertain plastic food and beverage containers as described more fully below.Each person who generates solid waste from residential property within the Town shallplace in an appropriate container the following items required to be recycled:Glass food and beverage containers;Metal food and beverage containers;Newspaper;PET (polyethylene terephthalate) plastic food and beverage containers which aremarked on the bottom with the number "1" encircled by the recycling symbol;HDPE (high-density polyethylene) plastic food and beverage containers which aremarked on the bottom with the number "2" encircled by the recycling symbol; andSuch other items as may be designated by the Board of Selectmen.Nonresidential. On and after January 1, 1991, each person who generates solid waste fromproperty other than residential properties shall make provision for the separation from othersolid waste of the following items required to be recycled:Cardboard;Glass food and beverage containers;Leaves;Metal food and beverage containers;Newspaper;

(6)(7)(8)(9)(10)(11)(12)A.B.C.[1]A.B.C.Office paper;Scrap metal;Storage batteries;Waste oil;PET (polyethylene terephthalate) plastic food and beverage containers which are markedon the bottom with the number "1" encircled by the recycling symbol;HDPE (high-density polyethylene) plastic food and beverage containers which aremarked on the bottom with the number "2" encircled by the recycling symbol; andSuch other items as may be designated by the Board of Selectmen.§164-44. Collection and delivery of recyclables.The items listed in § 164-43A(2) above shall be collected and/or received at the Town'stransfer station or other site designated by the Board of Selectmen and, thereafter, deliveredto the regional intermediate processing center or to such other site designated by SWEROC,such collection and/or receipt and delivery to be in accordance with the provisions of thisarticle, the intercommunity agreement, policies promulgated by SWEROC and approved bythe Board of Selectmen, any agreement entered into by SWEROC and approved by theBoard of Selectmen for the processing and marketing of items required to be recycled, and§22a-241b of the General Statutes, as amended by Subsection (c) of Section 1 of Public Act90-220.Each owner, tenant and operator of property used for business, institutional and othernonresidential purposes, at such person's expense, shall collect and have recycled the itemslisted in § 164-43B which are generated from properties other than residential property, inaccordance with the provisions of this article, the intercommunity agreement, policiespromulgated by SWEROC and approved by the Board of Selectmen and applicable statelaws and regulations. Such owner, tenant and operator shall be jointly and severally liable tocomply with this provision.To assist the Town in monitoring the separation, collection, recycling and sale of itemsrequired to be recycled that are generated from properties other than residential property, theBoard of Selectmen may require such nonresidential generators to submit plans for suchrecycling and periodic reports setting forth specified data relating to the amount and nature ofitems recycled.§164-45. Collectors.Any collector hauling solid waste generated by residential, business or other establishmentswithin the Town shall obtain a license from the Town in accordance with regulations to beadopted pursuant to this article.[1]Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).See Ch. 225, Solid Waste and Recycling Regulations.The two front doors of any vehicle used by a collector to haul solid waste generated with theTown shall be clearly marked with the business name and address of such collector.The Board of Selectmen shall, by mail, give notice of this article and any regulationspromulgated hereunder for the collection, hauling, processing and marketing of items requiredto be recycled to all collectors registered under Subsection A of this section. After receipt ofsuch notice, any collector who has reason to believe that a person from whom it has collectedsolid waste has discarded items required to be recycled with such solid waste shall promptlynotify the administrator of the recycling program of the alleged violation. Upon request by theadministrator of the recycling program, a collector shall provide a warning notice, by tag orother means, to any person suspected by the administrator of the recycling program ofviolating the separation requirements of this article. Each collector shall also notify theadministrator of the recycling program of any person depositing for collection significant

D.E.A.B.C.quantities of items required to be recycled mixed with solid waste for delivery to a resourcesrecovery facility or solid waste facility by such collector.On and after January 1, 1991, as required by Section 4(b) of Public Act 90-220, the owner oroperator of each resources recovery facility or solid waste facility who has reason to believe,upon visual inspection, that a load of solid waste which is delivered to the facility containssignificant quantities of any items required to be recycled is required to provide promptnotification of such belief to the driver of the vehicles delivering the load and to theadministrator of the recycling program if the load originated within the Town. Under saidSection 4(b) of Public Act 90-220, the owner or operator of each resources recovery facility orsolid waste facility is also required to conduct unannounced inspections of loads delivered tosuch facility.Any collector who dumps more than one cubic foot in volume of solid waste at one time in anarea within the Town not designated for the disposal of such solid waste or who knowinglymixes other solid waste with items required to be recycled shall, for a first violation, be liablefor a civil penalty of up to $1,000 and for each subsequent violation shall be liable for a civilpenalty of up to $5,000. The Town or the Attorney General, at the request of theCommissioner, may bring an action under Section 3(f) of Public Act 90-220, which action shallhave precedence in the order of trial as provided in §52-191 of the General Statutes.§164-46. Charge for recycling services.The Town, by action of its Board of Selectmen, may levy a charge for the collection and/or receiptand/or processing of solid waste brought to a facility for recycling.§164-47. Designation of regional agent.SWEROC is designated as the Town's regional agent to provide the report due on July 1, 1991,and annually thereafter pursuant to Section 2(e) of Public Act 90-220.§164-48. Scavenging prohibited.It shall be a violation of this article for any person not authorized by the Town to collect or pick up,or cause to be collected or picked up, any recyclables which have been set aside for collection.§164-49. Penalties for offenses.The Town, acting by the Board of Selectmen, may impose a penalty not to exceed $500 foreach violation by a commercial establishment of the requirements of this article.Except as otherwise expressly provided herein, any person who violates the provisions of thisarticle shall, in addition to other legal remedies available to the Town, be cited or fined notmore than $100 for each offense, and each violation of this article or of regulations andinstructions promulgated pursuant to this article shall be a separate violation. This article andthe regulations and instructions promulgated pursuant to this article may be enforced bycitations issued by the administrator of the recycling program. Before issuing any citation theadministrator of the recycling program shall issue a written warning providing notice of thespecific violation in accordance with §7-148(c)(10)(A) of the General Statutes.The citation hearing procedure provided in §7-152c of the General Statutes is established asthe Town's citation hearing procedure to be followed when citations pursuant to Subsection Bof this section are issued. The Board of Selectmen is authorized to issue such rules andregulations governing the operation of the citation hearing procedure so long as such rulesand regulations are consistent with §7-152c of the General Statutes.Chapter 167. Regional Council of Governments

[1]A.B.[HISTORY: Adopted by the Town of Weston 2-24-2014, effective 3-18-2014.[1] Amendments notedwhere applicable.]GENERAL REFERENCESSubdivision regulations—See Ch. 230.Zoning regulations—See Ch. 240.Editor's Note: This ordinance also superseded former Ch. 167, South Western Regional PlanningAgency, adopted 6-1-1961 (§§2-51 to 2-53 of the 1981 Code), as amended.§167-1. Adoption of statute.Pursuant to the provisions of §§ 4-124i through 4-124p of the Connecticut General Statutes,providing for the formation of a Regional Council of Governments, the Town joins the WesternRegional Council of Governments to be formed by the joining of the Southwestern RegionalPlanning Agency and the Housatonic Valley Council of Elected Officials as defined or redefined bythe Secretary of the Office of Policy and Management or designee and upon certification by theSecretary or designee that a Regional Council of Governments has been duly established.§167-2. Designated representative.The First Selectman shall represent the Town on the Regional Council of Governments. Inaddition, the Board of Selectmen shall appoint an alternate member to the Regional Councilof Governments. An alternate shall serve for a term of two years or such other period asdetermined by the Board of Selectmen.Alternates under this section shall continue to serve after expiration of their terms until theirsuccessors are appointed and take office. Alternates may be reappointed for successiveterms. Terms of office of initial appointees shall commence upon establishment of saidRegional Council of Governments.Chapter 169. Streets, Sidewalks and Public Places[HISTORY: Adopted by the Town of Weston as indicated in article histories. Amendments notedwhere applicable.]GENERAL REFERENCESNumbering of buildings—See Ch. 27.Driveways—See Ch. 51.Vehicles and traffic—See Ch. 195.Off-road vehicles—See Ch. 200.Subdivision regulations—See Ch. 230.Article I. Deposit of Dirt or Waste[Adopted 3-28-1973 (§§6-20 and 6-21 of the 1981 Code)]§169-1. Littering.[Amended 7-6-1976]It shall be unlawful for any person, in person or by agent, employee or servant, to cast, throw,sweep, sift or deposit in any manner in or upon any public way or other public place in the Townany kind of dirt, mud, rubbish, waste article, thing or substance whatsoever, whether liquid or solid,or for any person to cast, throw, sweep, sift or deposit any of the aforementioned items anywherewithin the jurisdiction of the Town in such manner that it may be carried or deposited, in whole orin part, by the action of the sun, wind, rain, or snow, into any of the aforementioned places,provided that this section shall not apply to the deposit of material under a permit authorized byany ordinance of the Town or to goods, wares, or merchandise deposited upon any public way orother public place temporarily in the necessary course of trade.

A.B.C.D.E.F.[1]§169-2. Vehicles to be secured against spills.It shall be unlawful for any person, in person or by agent, employee or servant, to use any vehicleto haul any kind of dirt, rubbish, waste articles or things or substances, whether liquid or solid,unless such vehicle is designed and operated so as to prevent any part of its load from spilling ordropping at any time while such vehicle is on any street or roadway in the Town.Article II. Excavations and Obstructions[Adopted 2-18-1976 (Ch. 12, Art. I, of the 1981 Code)]§169-3. ScopeThe regulations contained in this article pertain to excavations, obstructions and substructureswithin, under, upon, or over any Town highway, road shoulder or sidewalk.§169-4. Permit required; fee; conditions.No person shall excavate within or under or place any obstruction or substructure within, under,upon, or over any Town highway, road shoulder or sidewalk without the written permission of theBoard of Selectmen. Such permission may be granted upon compliance with the followingconditions:An application, accompanied by an application fee of $5, shall be made to the Board ofSelectmen and approved by the Town Engineer before the beginning of work.A certified check or a surety bond payable to the Town in the amount to be determined by theTown Engineer, for a period of one year, shall be filed with the application before permissionis granted and shall remain in full force and effect until released by the Town Engineer uponacceptance of the work.No highway shall be completely blocked at any time unless written permission has first beenobtained from the Board of Selectmen.Adequate warning signs (including warning to turn off two-way radio), lights and policesupervision, if necessary, shall be provided by the applicant at the applicant's own expense.The refilling of any excavated trench shall be done in layers of approximately 12 inches eachand thoroughly tamped. The backfill material shall be a suitable gravel, free from clay, loam ormuck. The top 12 inches shall be a good grade of gravel (not exceeding 11/2 inches), and atemporary asphalt patch is applied immediately. After 30 days, the patch shall be repaired andbrought up to finish grade with a final asphalt hot patch to conform to the existing road inaccordance with specifications and recommendations as furnished by the Town Engineer,while the hot patch plants are open. During the period when the hot patch plants are closed,the hot patch shall be applied as soon as possible after these plants are opened. In themeantime, the permittee shall maintain the trench in a proper state of repair.In the event of any emergency, public utility companies may make such opening orexcavation within, under, upon, or over any Town highway, road shoulder or sidewalkimmediately or as required, provided that such company verbally notifies the Town Hall or theCommunication Center prior to commencing with the emergency excavation. However, withinfive days thereafter such company shall file a formal application for such opening orexcavation.§169-5. Form of permit.The form of the permit issued under this article shall be prescribed by the Board of Selectmen.Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

A.B.C.D.E.Chapter 175. Tag Sales[HISTORY: Adopted by the Town of Weston 5-23-1973 (Ch. 11, Art. II, of the 1981 Code).Amendments noted where applicable.]GENERAL REFERENCESPeddling and soliciting—See Ch. 140.§175-1. Definitions.As used in this chapter, the following terms shall have the respective meanings ascribed to them:QUALIFIED PERSONThe owner or occupant of land in the Town and any bona fide nonprofit group or organizationthe membership of which is primarily made up of Town residents.TAG SALEThe public sale of personal household goods by the owners thereof in conjunction with thecleaning out or vacating of Town residential premises. "Tag sale" shall include garage sales,barn sales, yard sales, and other similar activities, including tag sales conducted by nonprofitgroups or organizations for fund-raising purposes.§175-2. Application; conditions.[Amended 12-20-2012, effective 1-18-2013]Any qualified person shall be permitted to conduct, singularly or jointly, a tag sale for a period notexceeding three consecutive days once in any twelve-month period upon written application to theChief of Police setting forth the persons conducting the tag sale, the place and date, etc., providedthat permission to conduct any tag sale shall be subject to the following conditions:No goods shall be brought to the premises to be used for the purposes of public sale exceptwhere several resident neighbors agree to jointly conduct such sale of personal householdgoods from the premises of one such neighbor or where the tag sale is conducted by anonprofit group or organization as defined above. The Chief of Police may, upon writtenapplication of two or more parties, or upon application of a nonprofit group or organization,grant permission to conduct such sale.No signs related in any way to a tag sale shall be placed within the right-of-way of any publicor private road, street, highway, or other public place. Signs advertising such sale onpremises shall not exceed two square feet in area.Commercial tag sale managers are required to submit written application to the office of theBoard of Selectmen for permission to conduct any such sale, which permission may begranted by the office of the Board of Selectmen, provided that all other conditions set outherein are met.Traffic and parking control is to be maintained and supervised by the owner and/orcommercial tag sale managers in such manner as shall not impede the flow of vehicular trafficin the vicinity of the tag sale or create an unsafe condition.The foregoing notwithstanding, when the Board of Selectmen or its agent (i.e., police)determines that, for reasons of public convenience or safety, additional measures arereasonable and necessary, these conditions shall be satisfied by the person, group ororganization holding the tag sale permit.§175-3. Exceptions as to frequency.[Amended 12-20-2012, effective 1-18-2013]The Chief of Police may, upon presentation of practical difficulty or unusual hardship, grantpermission to conduct more than one sale in any twelve-month period.

§175-4. Penalties for offenses.Any person, group or organization violating any of the provisions of this chapter shall be deemedguilty of an offense and, upon conviction thereof, shall be fined in an amount not exceeding $50.Each day such violation is committed or permitted to continue shall constitute a separate offenseand shall be punishable as such hereunder.Chapter 179. Taxation[HISTORY: Adopted by the Town of Weston as indicated in article histories. Amendments notedwhere applicable.]GENERAL REFERENCESFinance and taxation—See Charter Art. 9.Article I. Installment Payment[Adopted 10-5-1959 (§10-1 of the 1981 Code)]§179-1. Single payment required.Any property tax due to the Town in an amount not in excess of $50 shall be payable in a singleannual installment.Article II. Property Transferred to Tax-Exempt Organizations[Adopted 1-10-1978 (§10-2 of the 1981 Code)]§179-2. Exemption granted; application.All properties which shall be acquired by any organization given a property tax exemption by anyof Subsections (7) to (16), inclusive, of § 12-81 of the General Statutes shall be exempt fromtaxation from the date of conveyance to such organization. A tax-exempt organization, as definedin § 12-81(7) to (16) of the General Statutes, shall apply for exemption in writing to the TaxCollector. Such application shall contain all information that the Tax Collector requires, includingcertified copies of instruments of conveyance to the applicant.Article III. Solar, Wind and Water Energy Equipment[Adopted 1-11-1978 (Ch. 10, Art. III, of the 1981 Code)]§179-3. Definitions.As used in this article, the following terms shall have the meanings indicated:SOLAR ENERGY HEATING OR COOLING SYSTEMEquipment, including windmills and water wheels, which provides for the collection, transfer,storage and use of incident solar energy for water heating, space heating or cooling whichabsent such solar energy system would require a conventional energy resource, such aspetroleum products, natural gas or electricity, and which meets standards established byregulation by the Secretary of the Office of Policy and Management.§179-4. Exemption authorized.

[1][1][1]In addition to other tax exemptions provided by law, the Town hereby authorizes a property taxexemption for any building or addition to a building as provided in this article.§179-5. Exemption granted; time frame.Any building or addition to a building, the construction of which is commenced on or after October1, 1976, and before October 1, 1991, which is equipped with a solar energy heating or coolingsystem, shall be exempt from taxation to the extent of the amount by which the assessedvaluation of such real property equipped with such solar heating or cooling system exceeds theassessed valuation of such real property equipped with the conventional portion of the heating orcooling system, exclusive of any portion of such system related to solar energy, provided that thisexemption shall only apply to the first 15 assessment years following construction of such buildingor addition.Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).§179-6. Filing of claim.Any person who desires to claim the exemption provided in this article shall file with the Assessor,within 30 days following the first assessment date and the annual assessment date thereafter,written application claiming such exemption on a form as prescribed by the Assessor. Failure tofile such application each year in said manner and form within the time limit prescribed shallconstitute a waiver of the right to such exemption for that assessment year.§179-7. Compliance with construction requirements.Any such solar energy system, wind power system, or water power system should be constructedin accordance with applicable building codes and zoning regulations and appropriate permitsobtained where necessary before any such exemption shall be granted.[1]Editor's Note: See Ch. 27, Building Construction, and Ch. 240, Zoning Regulations.Article IV. Volunteer Emergency Service Organization Members[Adopted 11-2-2000, effective 11-30-2000]§179-8. Authority; abatement granted; limitations.In accordance with Connecticut Public Act 99-272, Section 6, [1] the Tax Collector's office shallprovide a property tax abatement ("property tax abatement"), in an amount calculated as set forthbelow, to each individual who is, as of each determination date, an active emergency servicesvolunteer and is otherwise eligible. Such abatement shall be applied, up to the whole thereof, tothe first installment of tax due from the emergency services volunteer following the determinationdate, and any remaining balance thereof shall be applied to the second installment of tax duefollowing the determination date. Such tax abatement shall in no event exceed such individual'stotal property tax payment liability or be construed to carry over from year to year. An emergencyservices volunteer who is delinquent in the payment of property tax shall not be eligible to receivean abatement hereunder.Editor's Note: See §12-81W of the Connecticut General Statutes.§179-9. Definitions.As used in this article, the following terms shall have the meanings indicated:ACTIVEFull and active membership in one or more of the emergency service organizations inaccordance with the bylaws of such organization and possessing the appropriate certificationto provide emergency services in accordance with the respective emergency service

organization's bylaws and any applicable state or federal law. The term "active" shallspecifically exclude any emergency service volunteers who are deemed probationary("probationary emergency service volunteers") in accordance with the respective emergencyservice organization's bylaws.CALLA bona fide response to a broadcast request issued from the Weston emergency dispatchoffice to an emergency incident and bona fide participation in a community service eventutilizing emergency response apparatus.DETERMINATION DATEJanuary 1 of each year.EMERGENCY SERVICE ORGANIZATIONIncludes the recognized EMS, fire rescue, and fire police organizations serving the Town ofWeston.EMERGENCY SERVICE VOLUNTEERIncludes any individual actively engaged in one or more of the emergency serviceorganizations. In no event shall participation in more than one emergency serviceorganization entitle an emergency service volunteer to a property tax abatement of more than$1,000.MEDICAL DISABILITY or MEDICALLY DISABLEDThe inability to engage in any substantial gainful activity by reason of any medicallydeterminable physical or mental impairment which can be expected to result in death or to beof long-continued and indefinite duration.SENIOR OPERATIONAL AUTHORITYThe duly elected Chief or the EMS Operations Officer, as appropriate, of the WestonVolunteer Fire Department.TOTAL CALLSThe aggregate of calls attended between the determination date of the previous year and thedetermination date of the current year.TOTAL PROPERTY TAX PAYMENT LIABILITYThe aggregate of all property tax, whether assessed against real or personal property,payable to the Town of Weston by an emergency service volunteer.§179-10. Points.Total points ("total points") shall be the sum of points (each a "point") accumulated from thedetermination date of the previous year until the determination date of the current year. Pointsshall be assessed in accordance with the following table:Type of Service Points AssessedCall (as defined above) commencing between the hours of 6:00 a.m.and 6:00 p.m.3Call (as defined above) commencing between the hours of 6:01 p.m.and 5:59 a.m.2Monthly drill or meeting 1Weekly drill 1Possession of Fire Fighter I or II certification 10 eachPossession of EMT certification 10Possession of HAZMAT Operational, MRT, MAST or DEFIBcertification5 eachEach hour of training not otherwise recognized hereunder andapproved in writing by the senior operational authority of theapplicable emergency service organization1Each year of active service 1Elective office (line or civil, fire or EMS) as set forth in the bylaws ofthe Weston Volunteer Fire Department10

A.B.A.B.A.B.C.Type of Service Points AssessedMembership and participation in the group of EMS personnel whichis scheduled to respond to emergency incidents during a certainperiod (e.g., night duty)1/3Chairmanship of a standing committee as defined in the bylaws ofthe Weston Volunteer Fire Department5 eachEach Department-related community service event which is nototherwise a "call" and is approved in writing by the senior operationalauthority of the applicable emergency service organization1§179-11. Determination of abatement amount.Entitlement to, and amount of, property tax abatement shall be determined in accordance withthe following table:Level Total Calls Total PointsAmount of Property TaxAbatement1 30 100 or more $1,0002 20 75 to 99 $7503 10 50 to 74 $5004 6 30 to 49 $250An emergency service volunteer must meet both the total calls and the total pointsrequirement of a given level as set forth above in order to qualify for that level's amount ofproperty tax abatement.§179-12. Household abatement.In the event an active emergency service volunteer who is otherwise entitled to a property taxabatement lacks such amount in total property tax payment liability in his or her name, suchindividual's spouse, who is domiciled with him or her, whether or not such spouse is an activeemergency service volunteer, shall be entitled to receive the balance up to such spouse'stotal property tax payment liability.In the event an active emergency service volunteer entitled to a property tax abatement isdomiciled with and is the spouse or child of another active emergency service volunteerentitled to a property tax abatement, each shall be entitled to the full amount to which he orshe would otherwise be entitled.§179-13. Death and disability.Any emergency service volunteer having a medical disability who has been active for anaggregate of 30 or more years and who is active at the determination date shall be entitled tothe maximum property tax abatement of $1,000.Any emergency service volunteer who has been medically disabled in the line of duty and hasbeen active for an aggregate of five or more years shall be entitled to the maximum propertytax abatement of $1,000 for the remainder of his or her lifetime.The spouse of any emergency services volunteer who is killed in the line of duty shall beentitled to the maximum property tax abatement of $1,000 for the remainder of his or herlifetime.§179-14. Probationary emergency service volunteers.Probationary emergency service volunteers may accumulate points and calls but shall in no eventbe entitled to a property tax abatement unless he or she is active on the determination date and is

A.B.otherwise eligible.§179-15. Other abatements.This property tax abatement shall be in addition to and not a limitation of any other tax abatement,rebate, exemption, or other discount to which any emergency service volunteer may be entitled.§179-16. Interpretation.Any disputes regarding the construction, interpretation, or administration of this article shall beresolved by a duly constituted meeting of the Weston Volunteer Fire Department ExecutiveCommittee and/or the EMS Executive Committee, as appropriate, its decision being subject to thereview and approval of the Weston Board of Selectmen.§179-17. Certification.Certification of an active emergency service volunteer's eligibility hereunder shall be delivered tothe Tax Collector's office on or before May 15 of each year by the Executive Committee of theWeston Volunteer Fire Department.§179-18. Effective date.This article shall take effect and shall be applicable to the tax installment due in July of the year2001.Article V. Veterans' Tax Relief[Adopted 8-7-2008, effective 9-4-2008]§179-19. Purpose.The purpose of this article is to assist veterans with their property taxes. Pursuant to §12-81 and§ 12-81f of the Connecticut General Statutes, the Town of Weston ("Town") grants veteransbenefits, in addition to those veterans benefits provided by the State of Connecticut, to eligibleresidents of the Town on the terms and conditions herein provided.§179-20. Determination of tax relief.Any veteran entitled to an exemption from property tax in accordance with ConnecticutGeneral Statutes § 12-81(19) shall be entitled to an additional exemption applicable to theassessed value of such veteran's property, in the amount of 10% of such assessed value,provided that such veteran's qualifying income does not exceed by more than $25,000, asprovided in Connecticut General Statutes § 12-81f(a), the maximum applicable amountprovided in Connecticut General Statutes §12-81l.Any veteran's surviving spouse entitled to an exemption from property tax in accordance withConnecticut General Statutes § 12-81(22) shall be entitled to an additional exemptionapplicable to the assessed value of the surviving spouse's property, in the amount of 10% ofsuch assessed value, provided that such surviving spouse's qualifying income does notexceed by more than $25,000, as provided in Connecticut General Statute §12-81f(b), themaximum applicable amount to an unmarried person as provided in Connecticut GeneralStatutes §12-81l.

C.D.A.B.C.D.A.Disabled veterans may qualify for property tax exemptions pursuant to Connecticut GeneralStatutes §12-81(20) and §12-81(21).The Board of Selectman, by majority vote, has the discretion to adopt changes to this articleas it may be permitted, in the future, by amendment to the statutes regarding veterans' taxrelief.§179-21. Application.An application for a tax relief under this article shall be accompanied by a copy of theapplicant's filed federal income tax return for the year immediately preceding, a properlyexecuted IRS Form 4506 (request for copy of tax form), together with such other verificationof income, financial affidavits, and sworn schedule of assets as the Tax Assessor mayrequire.The applicant shall provide to the Tax Assessor evidence of service in the armed forces byexhibiting to the Tax Collector an original or certified copy of his honorable discharge, or in theabsence of such discharge or copy, by following the guidelines found in Connecticut GeneralStatute §12-93.An application, together with such information required to determine eligibility for relief asstated in §179-20, shall be filed with the Tax Assessor each year on or before October 1 inthe year of application (except that, if October 1 shall fall on a Saturday, Sunday, or legalholiday, the date for filing such application shall be extended to the next business day afterOctober 1). No extensions of time for filing said application will be provided.The relief provided under this article is in addition to any other tax relief for which a veteranmight qualify.§179-22. No conflict with state statute.This article shall not be construed to conflict with any state statute, rule or regulation.Article VI. Tax Relief for the Elderly[Adopted effective 6-2-2011 (Ch. 10, Art. II, of the 1981 Code)]§179-23. Grant of tax relief; annual review.The Town hereby enacts tax relief for the elderly pursuant to §12-129n of the General Statutes foreligible residents of the Town for the fiscal years commencing July 1, 1979. This article shall besubject to an annual review by the Board of Selectmen on or before its anniversary date.§179-24. Persons entitled to relief.Any person who owns real property within the Town or who is liable for the payment of taxesthereon pursuant to § 12-48 of the General Statutes and who occupies said real property as aresident shall be entitled to tax relief pursuant to §12-129n of the General Statutes, provided thatthey meet the conditions of eligibility set forth in this article.§179-25. Conditions of eligibility.No tax relief shall be provided unless and until the applicant shall meet all of the followingconditions to the satisfaction of the Tax Collector of the Town:Such person is 65 years of age or over by December 31 of the preceding year, or suchperson's spouse is 65 years of age or over by December 31 of the preceding year and

B.C.D.E.F.G.H.I.A.B.C.resides with such person.Such person has resided at and paid real estate taxes on a residence located in the Town fora period of one year prior to such person's application for tax relief under the abatement anddeferment programs and for a period of 10 years under the tax freeze program.The real property for which the tax relief is claimed is the house and house-lot which is theprincipal residence of such person and is occupied more than 183 days of each year by suchperson.Such person shall have applied for real property tax relief under any state statutes for whichsuch person is eligible. If such applicant has not applied for such tax relief under any statestatute because such person is not eligible, the applicant shall so certify by filing on a formacceptable to the Tax Collector an affidavit testifying to such person's state ineligibility.The application for tax relief has been made after such person has become eligible to applyas provided herein.Provision shall be made for the rights of the surviving spouse of the taxpayer, as provided in§ 12-129n of the General Statutes, whereby a person who is 60 years of age or over byDecember 31 of the preceding year is qualified for tax relief under this article if such person isthe surviving spouse of a taxpayer who qualified for tax relief under this article or a previousordinance at the time of such taxpayer's death.Such person shall have individually, if unmarried, or jointly, if married, total income of notmore than $49,000 for abatement, $125,000 for deferments and $100,000 for freezes. Forpurposes of this section, total income shall include all income from whatever source, includingbut not limited to social security income, interest, IRA, or pension distributions, whether or notsuch income is totally or partially exempt from taxation. In making a determination of totalincome, the Tax Collector shall not take into consideration any net loss or losses of theapplicant whatsoever.As to any parcel of real estate, no relief granted pursuant to this article shall exceed in theaggregate, the maximum relief allowed under §179-26 of this article. In any case where titleto such real property is recorded in the name of an applicant (or the applicant and his or herspouse who is eligible for a tax abatement) and any other person or persons (including acorporation or banking institution), such tax relief shall be prorated to the fractional share ofsuch real property owned by such applicant (or the applicant and his or her eligible spouse). Ifsuch real property is a multiple-family dwelling, such relief shall be prorated to reflect thefractional portion of such real property occupied by such applicant (or the applicant and his orher eligible spouse) as provided by state law. Where one or more co-owners occupy said realproperty as their principal residence, the income of all such co-owners shall be included in thecalculation of eligibility, and, if eligible, shall be entitled to a pro rata tax abatement equal totheir fractional share of ownership.No tax relief shall be given under this article to any person who owes delinquent taxes to theTown. For purposes of this article taxes abated, deferred or frozen pursuant hereto shall notbe considered delinquent.§179-26. Maximum relief.No tax relief provided to a person by this article, together with all other real property tax reliefbenefits obtained by said person from the state pursuant to state law, shall exceed a totalamount in dollars calculated by multiplying $400,000 times the annual mill rate (as set by theBoard of Finance following the annual Town budget meeting) times 75% or an amountcalculated in accordance with §179-27, whichever is lesser.The aggregate of all abatements, plus all deferments, plus all tax freezes for a given fiscalyear shall not exceed $600,000. This article and the aggregate limits set in it are subject toadjustments by a majority vote of the Board of Selectman with the approval of the Board ofFinance.All abatement requests will be funded first, followed by deferral requests, and if the requestsfor any program exceed the aggregate limit, then such requests will be prorated.§179-27. Types of tax relief; eligibility.

(1)(2)(3)A.(1)(2)(3)(4)(5)B.(1)(2)C.A.Tax relief shall be in the form of an abatement (forgiveness of a portion of the tax due), deferment(postponement of payment of a portion of the tax due), freezing (delaying increases) or acombination thereof.Abatement.No applicant shall be entitled to an abatement of taxes where the applicant has a networth (based on the Assessor's full fair market valuation of the property, plus theapplicant's and his or her spouse's other real and liquid assets, less the outstandingbalance on mortgages and/or loans) in excess of $1,000,000.An applicant whose income as defined in § 179-25G of this article does not exceed$37,000 shall be entitled to an abatement not to exceed a maximum of 75% of the taxdue.An applicant whose income as defined in §179-25G of this article does not exceed of$49,000 shall be entitled to an abatement not to exceed a maximum of 60% of the taxdue.Deferment.An applicant shall be entitled to a deferment of taxes due even where the applicant's networth exceeds $1,000,000, provided that all applicable conditions have been met. Themaximum assessed value of any property eligible for tax deferment under thisSubsection B shall be $400,000. In the event that an applicant meets the conditions setforth in this subsection, the Tax Collector of the Town shall record on the land records alien against the benefited property in favor of the Town in the amount of the deferralamount.An applicant whose income as defined in § 179-25G of this article does not exceed$75,000 shall be entitled to a deferment not to exceed a maximum of 75% of the tax due.An applicant whose income as defined in § 179-25G of this article does not exceed$100,000 shall be entitled to a deferment not to exceed a maximum of 50% of the taxdue.An applicant whose income as defined in § 179-25G of this article does not exceed$125,000 shall be entitled to a deferment not to exceed a maximum of 25% of the taxdue.An applicant who qualifies for an abatement of 60% under § 179-27A(3) of this articlemay also apply for a deferment of taxes in an amount not to exceed 15% of the tax due.Freezing.An applicant shall have the real estate taxes frozen at the level of the tax due for the yearimmediately preceding the date the homeowner applies as provided herein, even wherethe applicant's net worth exceeds $1,000,000, provided that all applicable conditionshave been met. The freeze shall apply to the taxes owed on the first $800,000 ofassessed value. In the event that an applicant meets the conditions set forth in thissubsection, the Tax Collector of the Town shall record on the land records a lien againstthe benefited property in favor of the Town in the amount of the frozen amount. Thisarticle and the limits on assessed value may be adjusted by a majority vote of the Boardof Selectmen with the approval of the Board of Finance.An applicant whose income as defined in § 179-25G of this article does not exceed$100,000 shall be entitled to a tax freeze. However, this income amount may be adjustedby a majority vote of the Board of Selectman with the approval of the Board of Finance.§179-28. Limitations of relief.The Tax Collector shall deduct from the tax bill of each person who shall have satisfied all of theconditions as above set forth the amount calculated in accordance with §§179-26 and 179-27,except that a lesser deduction shall be made when and to the extent required to insure that:No person's normal real estate tax shall have been reduced by more than 75% by virtue ofsaid relief provided by this article, together with all real property tax relief benefits obtained bysaid person from the state pursuant to state law.

B.C.D.(1)(2)A.(1)(2)B.(1)A.The tax deferment shall not exceed an amount calculated in accordance with §179-26. In theevent of co-ownership of the property, the applicant's tax deferment shall be pro rated basedupon his/her fractional share of ownership, regardless of the income of any other co-owner(s).The tax freeze shall not exceed an amount calculated in accordance with §179-26. In theevent of co-ownership of the property, the applicant's tax freeze shall be pro rated basedupon his/her fractional share of ownership, regardless of the income of any other co-owner(s).The total tax relief granted under the provisions of this article for any tax year shall not exceedan amount equal to the maximum percentage of the total real property tax assessed in theTown in the preceding year as set forth in §12-129n(c) of the Connecticut General Statutes,as may be amended from time to time. In the event that the total of such relief shall exceedsaid maximum percentage, then the total of such relief shall be reduced to an amount not toexceed said maximum amount, and each person receiving tax relief shall have his/her reliefreduced on a pro rata basis.§179-29. Lien rights; interest.Lien.Deferment. Any taxpayer whose taxes have been deferred pursuant to §179-27B of thisarticle shall be deemed to have consented to the placement against the real property forwhich relief is sought a lien in the amount of the tax deferment granted under this article.Any tax deferred under this article, together with interest and fees thereon, shall be dueand payable in full within 14 years from the effective date of the lien or upon the sale ortransfer of all or any interest in said real property or upon the death of the owner (unlessanother qualifying owner occupies the real property, then, in that event, upon the death ofthe qualifying owner) whichever shall occur sooner. In the event that it becomesnecessary to institute legal proceedings to collect/foreclose such a lien, the Town shall beentitled to any legal fees and costs allowed by law.Freeze. Any taxpayer whose taxes have been frozen pursuant to §179-27C of this articleshall be deemed to have consented to the placement against the real property for whichrelief is sought a lien in the amount of the tax freeze granted under this article. Any taxfrozen under this article, together with fees thereon, shall be due and payable in fullwithin 14 years from the effective date of the lien or upon the sale or transfer of all or anyinterest in said real property or upon the death of the owner (unless another qualifyingowner occupies the real property, then, in that event, upon the death of the qualifyingowner) whichever shall occur sooner. In the event that it becomes necessary to institutelegal proceedings to collect/foreclose such a lien, the Town shall be entitled to any legalfees and costs allowed by law.Interest.Deferment. Any such lien described in § 179-29A(1) of this article shall bear simpleinterest at an annual rate of prime plus 50 basis points (1/2%). The interest rate for thecurrent fiscal year can be reduced by the Board of Selectmen, but not raised,retroactively during the year if economic conditions warrant it. The rate of interest shallnot exceed the rate permitted municipalities for delinquent taxes as set forth in §12-145and §12-146 of the Connecticut General Statutes as may be amended from time to time.Freeze. Any such lien described in §179-29A(2) of this article shall bear no interest.§179-30. Annual filing of application.Deadline.Abatement. In order to be entitled to an abatement as provided herein, an applicationmust be filed with the Tax Collector of the Town each year after such person or suchperson's spouse reaches the age of 65 years and on or before May 15 in the year ofapplication (except that, if May 15 shall fall on a Saturday, Sunday, or legal holiday, thedate for filing such application shall be extended to the next business day after May 15).The Tax Collector shall notify the applicant in writing of the acceptance or denial of theapplication.

(2)(3)B.[1]Deferment. In order to be entitled to a deferment as provided herein, an application mustbe filed with the Tax Collector of the Town each year after such person or such person'sspouse reaches the age of 65 years and on or before May 15 in the year of application(except that, if May 15 shall fall on a Saturday, Sunday, or legal holiday, the date for filingsuch application shall be extended to the next business day after May 15). The TaxCollector shall notify the applicant in writing of the acceptance or denial of theapplication.Freeze. In order to be entitled to a freeze as provided herein, an application must be filedwith the Tax Collector of the Town each year after such person or such person's spousereaches the age of 65 years and on or before May 15 in the year of application (exceptthat, if May 15 shall fall on a Saturday, Sunday, or legal holiday, the date for filing suchapplication shall be extended to the next business day after May 15). The Tax Collectorshall notify the applicant in writing of the acceptance or denial of the application.Supporting documentation. An application for tax relief benefits under this article shall beaccompanied by a copy of the applicant's filed federal income tax return for the immediatelypreceding year, a properly executed IRS Form 4506 (request for copy of tax form), togetherwith such other verification of income, financial affidavits, and sworn schedule of assets asthe Tax Collector may require. Falsely reporting total income or information in connection withrequesting tax relief may result in loss of benefits provided pursuant to this article.§179-31. Income ceiling adjustment.In determining income eligibility levels to qualify for tax abatement, deferment and/or freeze, anapplicant's income will be adjusted downward for medical expenses which exceed the 71/2% ofadjusted gross income as permitted by the Internal Revenue Service.§179-32. Confidentiality of information filed by applicant.To the extent permitted by applicable state and federal law, applications filed under this articleshall be afforded the same confidentiality by the Tax Collector's office as is required to be affordedto applications for tax benefits under §12-170aa(f) of the Connecticut General Statutes.Chapter 182. Town Property[HISTORY: Adopted by the Town of Weston 3-6-1971 (§2-3 of the 1981 Code). Amendmentsnoted where applicable.]§182-1. Exemption from Zoning Regulations.All municipal property of the Town is hereby exempt from the Zoning Regulations as amended,prescribed, or to be prescribed by the Planning and Zoning Commission of the Town.[1]Editor's Note: See Ch. 240, Zoning Regulations.Chapter 185. Trees and Shrubs[HISTORY: Adopted by the Town of Weston as indicated in article histories. Amendments notedwhere applicable.]GENERAL REFERENCESAquifer protection area regulations—See Ch. 207.Inland wetlands and watercourses regulations—See Ch. 215.Article I. Use of Water for Spraying[Adopted 5-31-1978 (Ch. 6, Art. I, of the 1981 Code)]

A.B.(1)(2)C.D.E.§185-1. Purpose.The purpose of this article is to regulate those vehicles which take water from any body of waterfor the purpose of filling the tank of any such vehicle which is engaged in the treating of trees,shrubs and other vegetation with chemical or other solutions and to thereby prevent pollution ofsuch water bodies.§185-2. Permit required; conditions, fee and limitations.No person shall take water from any river, brook, or stream or any lake, pond or like body ofwater within the Town for the purpose of filling or replenishing the tank of any vehicleemployed in the treating of trees, shrubs or other vegetation with chemicals or biochemicalsor other solutions unless the equipment to be used therefor shall have, and shall display, apermit issued pursuant to Subsection B.The Conservation Commission or its agent shall issue an equipment permit valid for one yearfrom date of issue, said permit to be affixed to the vehicle's front right windshield and whichpermit is to be displayed at all times.Such equipment permit shall be issued or renewed only on the following conditions:The owner and the operator of the equipment shall be licensed by the state pursuant to§22a-54 of the General Statutes, and the regulations of the State Department of Energyand Environmental Protection; andThe owner of said equipment shall present to the issuing authority a sworn andacknowledged affidavit that all said equipment used in the treatment of trees, includingbut not limited to hoses, pumps, pipes, valves and connections, is in good working orderand that its use will not pollute any body of water.The fee for the permit shall be $3 for the first issuance and $3 for the annual renewalthereafter.The issuance of such permit shall indicate approval of the equipment only, and nothingtherein contained shall be deemed to be an authorization for any vehicle with a permit to takewater from private properties.§185-3. Hours of operation.No such vehicle shall take water before 7:00 a.m. or after 6:00 p.m., Monday through Saturday,nor before 9:00 a.m. or after 6:00 p.m. on Sunday.§185-4. Penalties for offenses.Any person who shall violate any provision of this article shall be fined not more than $25 for eachsuch offense.Chapter 195. Vehicles and Traffic[HISTORY: Adopted by the Town of Weston as indicated in article histories. Amendments notedwhere applicable.]GENERAL REFERENCESBoard of Police Commissioners—See Charter §6.2 and Ch. 18, Art. IV.Off-road vehicles—See Ch. 200.Article I. Tow-Away Zones and Vehicle Impoundment

[1][1]A.B.[Adopted 7-6-1976 (§§13-21 to 13-29 of the 1981 Code)]§195-1. Designation of tow-away zones.The Board of Police Commissioners of the Town may designate tow-away zones, properlymarked, in any area in which parking of motor vehicles is prohibited.Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).§195-2. Causes for impoundment.Whenever any motor vehicle shall be found parked illegally in an area designated as a tow-awayzone by the Board of Police Commissioners, or whenever a motor vehicle shall be foundabandoned thereby constituting a menace to traffic, such vehicle may be removed at the directionof the officer in charge of the Police Department to any motor vehicle pound establishedhereunder.Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).§195-3. Motor vehicle pounds.The Board of Police Commissioners may create one or more motor vehicle pounds to which motorvehicles may be removed as provided herein. Such pound shall be a public storage garage orsuch other appropriate place as shall be designated by such Board.§195-4. Insurance coverage.Before any garage or other place of storage shall be designated by the Board of PoliceCommissioners as a motor vehicle pound, the operator thereof shall furnish the Town withevidence of insurance coverage which shall be adequate to protect the Town against any liabilityfor any claim for damages arising out of the towing or storage of any impounded vehicles.§195-5. Forms and regulations; abandoned vehicles.The Board of Police Commissioners shall provide such forms and adopt such regulations asmay be necessary for the operation of §§195-2 through 195-9.As to abandoned vehicles which constitute a menace to traffic, the procedure set out in §14-150 of the General Statutes shall be followed.§195-6. Reports.The officer directing the impounding of a motor vehicle and the operator of the motor vehiclepound in which the same shall be impounded shall make such prompt report at policeheadquarters as shall be required by the Board of Police Commissioners. This report will enablethe owner or person in charge of such vehicle to be informed as to the nature and circumstancesof the violation on account of which such vehicle has been impounded and the place in which it isimpounded and from which it may be repossessed by the person legally entitled to possessionthereof.§195-7. Claimant's right to possession.No impounded vehicle shall be released until the person claiming such vehicle shall establish withthe Police Department such person's identity and right to possession of the vehicle and until suchperson shall have signed and delivered a receipt thereof to the operator of the pound.

A.B.C.A.[1]B.[1]§195-8. Towing and storage charges.Before the owner or person in charge of such vehicle shall be entitled to repossess the same,such person shall pay to the pound a towing charge, which shall not exceed an amountdesignated by the Board of Police Commissioners, plus the cost of storage, which shall notexceed an amount designated by the Board of Police Commissioners. The towing and storagecharges shall be a lien upon such a vehicle. Payment of such charges shall not release anyperson from prosecution for any violation of law which resulted in impounding the vehicle.§195-9. Protest against charges.If protest shall be made against payment of the towing charge or cost of storage, the pound towhich payment is made shall mark upon the receipt evidencing protested payment the words"Paid Under Protest." In such cases it shall be the duty of the Police Department to investigate thematter upon being apprised of such protest and to institute proper proceedings in the SuperiorCourt charging the owner or operator of such vehicle with the violation on account of which thevehicle was impounded, if necessary; provided, however, that as to abandoned motor vehicleswhich constitute a menace to traffic, the procedure set out in § 14-150 of the General Statutesshall be followed.Article II. Parking Regulations[Adopted 5-3-1978 (§13-20 of the 1981 Code)]§195-10. Delegation of authority to Board of PoliceCommissioners.The Board of Police Commissioners is delegated the power and authority to:Determine areas where parking should be prohibited or limited;Cause signs to be posted in all areas where such parking is to be prohibited or limited,indicating such prohibitions or limitations; andEstablish appropriate fines for violations thereof.§195-11. Public hearing.In so doing, the Board of Police Commissioners must hold public hearings on proposedregulations before such determinations can be made. Notice of such public hearings shall begiven at least 10 days in advance by publication in a newspaper having a general circulationin the Town and by posting a notice in a public place. Upon the fulfillment of the publichearing, the Board of Police Commissioners shall vote upon such proposals presented atsuch hearings.Such regulations as voted shall become addenda to this article[1] and shall be removed in likemanner.Editor's Note: Copies of the current regulations are available at the office of the Town Clerk.§195-12. Regulations not to affect deliveries.Under no circumstances is any regulation adopted pursuant to this article to interfere with thedelivery of essential services and materials to any residence within the Town.Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

Article III. Stop Signs[Adopted effective 11-19-1981 (§13-4 of the 1981 Code)]§195-13. Authority of Board of Police Commissioners.The Board of Police Commissioners shall be authorized to determine the location of stop signs inthe Town of Weston and further to determine the removal of existing stop signs in the Town. Saidpower shall be exercised only after the Board of Police Commissioners has held a public hearingregarding the installation or removal of any stop signs, which hearing shall be legally noticed atleast seven days prior to the date of the hearing.§195-14. Applicability; list to be filed.Any such stop sign subsequently authorized to be removed and/or installed by the Board of PoliceCommissioners, after public hearing as provided above, shall be deemed to be subject to theprovisions of this article, and a list containing any such installations and/or removals shall be filedwith a copy of this article in the office of the Board of Selectmen and in the office of the Town Clerkwithin 10 days of any such action by the Board of Police Commissioners.§195-15. Failure to stop.It shall be a violation of this article for the operator of any motor vehicle to fail to bring his vehicleto a full stop in obedience to any stop sign at the entrance of any highway and yield the right-of-way to vehicles which are not obligated to stop or which are within the intersection or approachingso closely as to constitute an immediate hazard.§195-16. Penalties for offenses.The penalty for violation of this article shall be the sum of $25 for each offense in accordance withthe provisions of the General Statutes of the State of Connecticut. Any such violation shall beconsidered an infraction and subject to further penalties as provided by the motor vehicle laws ofthe State of Connecticut.Chapter 200. Vehicles, Off-Road[HISTORY: Adopted by the Town of Weston 3-28-1973 (§§13-1 to 13-3 of the 1981 Code).Amendments noted where applicable.]GENERAL REFERENCESVehicles and traffic—See Ch. 195.§200-1. Operation restricted.No person shall operate a snowmobile, minibike, trail bike, motorcycle or other motorized vehicle,and no owner of such a vehicle shall permit the operation thereof, on any land or water owned,leased, or controlled by the Town, hereinafter referred to as "Town land," exclusive of Townhighways where state motor vehicle laws will continue to apply, unless and until areas arespecifically designated for such use by the Board of Selectmen, nor shall such vehicles beoperated on any other land or water without the permission of the owner of said property.§200-2. Conditions for use on designated Town land.

A.B.C.D.A.B.As to those areas of Town land which the Board of Selectmen specifically designates for use byone or more of the above-mentioned vehicles, use of such areas shall be subject to the followingconditions:Registration of such vehicle with the Town and the issuance of a registration certificate by theTown, which certificate must accompany such vehicle at all times.Conformance with the applicable provisions of Title 14 of the General Statutes.Liability insurance obtained with minimum limits of $20,000/$20,000.Such other rules and regulations as may be adopted by the Board of Selectmen concerningthe use of such vehicles, having regard to speed, hours of operation, safety features of thevehicles, age of the operator, noise, pollution and public safety, which rules and regulationsshall be posted by the Board of Selectmen in the areas if and when designated.§200-3. Penalties for offenses.Any violation of any provision of this chapter shall result in immediate revocation of the registrationcertificate. Any person violating any such provision shall be fined not more than $50 for eachoffense.Part II: RegulationsChapter 205. Adoption of Regulations[HISTORY: Adopted by the Town of Weston as indicated in article histories.]Article I. Solid Waste and Recycling Regulations Adopted[Adopted by the Board of Selectmen of the Town of Weston 6-10-2013]§205-1. Acceptance of renumbering of regulations.The Solid Waste and Recycling Regulations of the Town of Weston, County of Fairfield, State ofConnecticut, as renumbered and codified as Chapter 225 of the Code of the Town of Weston, inthe form attached hereto and made a part hereof, are hereby approved.§205-2. Continuation of existing provisions.The provisions of Chapter 225, insofar as they are substantively the same as those of regulationsin force immediately prior to this enactment, are intended as a continuation of such regulationsand not as new enactments, and the effectiveness of such provisions shall date from the date ofadoption of the prior regulation. All such provisions are hereby continued in full force and effectand are hereby reaffirmed as to their adoption by the Board of Selectmen.§205-3. Amendments.Chapter 225, Solid Waste and Recycling Regulations, is amended as set forth below:Throughout this chapter, references to the State Department of Environmental Protection areamended to the State Department of Energy and Environmental Protection.Section 225-5, License required, Subsection B, is amended by changing "name of suchperson's address" to "name of such person, such person's address."

C.A.B.(1)(2)(3)(4)(5)(6)(7)C.Section 225-7, Collection vehicles, Subsection C(1), is amended by changing the reference tothe Department of Environmental Health to the Department of Energy and EnvironmentalProtection.Article II. Aquifer Protection Area, Floodplain Management,Subdivision and Zoning Regulations Adopted[Adopted by the Planning and Zoning Commission of the Town of Weston 6-3-2013]§205-4. Acceptance of renumbering of regulations.The Planning and Zoning Commission of the Town of Weston, County of Fairfield, State ofConnecticut, hereby approves the renumbering and codification of the following regulations in theform attached hereto and made a part hereof: the Aquifer Protection Area Regulations, Chapter207 of the Town Code; the Floodplain Management Regulations, Chapter 212 of the Town Code;the Subdivision Regulations, Chapter 230 of the Town Code; and the Zoning Regulations, Chapter240 of the Town Code.§205-5. Continuation of existing provisions.The provisions of Chapters 207, 212, 230 and 240, insofar as they are substantively the same asthose of regulations in force immediately prior to this enactment, are intended as a continuation ofsuch regulations and not as new enactments, and the effectiveness of such provisions shall datefrom the date of adoption of the prior regulation. All such provisions are hereby continued in fullforce and effect and are hereby reaffirmed as to their adoption by the Planning and ZoningCommission.§205-6. Amendments.References to the Department of Environmental Protection and the Commissioner ofEnvironmental Protection are amended to the Department of Energy and EnvironmentalProtection and the Commissioner of Energy and Environmental Protection, respectively.Chapter 230, Subdivision Regulations. In §230-11, Procedural steps following submission ofapplication, Subsection B is deleted and marked as (Reserved).Chapter 240, Zoning Regulations, is amended as follows:Section 240-12, Neighborhood Shopping Center, Subsection H(4), is amended bychanging "60 days" to "65 days."In the following sections, the off-street parking requirements are amended to refer to therequirements of § 240-54 in order to eliminate any inconsistency caused by havingsimilar information in two places in the Code: §§240-21C, 240-22C, 240-23C, 240-24C,240-25C, and 240-29C.Section 240-54, Schedule of off-street parking requirements, is amended to change "saidBoard" to "said Commission" in Subsections A and B.Section 240-56, Location of off-street parking and loading facilities, is amended tochange "Board" to "Commission."Section 240-70, Amendments, Subsection E, is amended to change $50 to $250.Original Section 530, Effective date, which read "As amended to September 23, 2011," isrepealed.Section 240-73, General construction of language, is amended by changing "Board ofAppeals" to "Zoning Board of Appeals" as this is the term used in the chapter. The term"Comprehensive Plan of Development" is changed to "Town Plan of Development."

(8)A.The definition of "nonconforming use" in §240-74 is amended by adding "or amendmentsubstantively affecting such use," after "at the time of adoption" so that the phrase reads"at the time of adoption or amendment substantively affecting such use, of theseregulations."Article III. Inland Wetlands and Watercourses RegulationsAdopted[Adopted by the Conservation Commission of the Town of Weston 5-16-2013]§205-7. Acceptance of renumbering of regulations.The Inland Wetlands and Watercourses Regulations of the Town of Weston, County of Fairfield,State of Connecticut, as renumbered and codified as Chapter 215 of the Code of the Town ofWeston, in the form attached hereto and made a part hereof, are hereby approved.§205-8. Continuation of existing provisions.The provisions of Chapter 215, insofar as they are substantively the same as those of regulationsin force immediately prior to this enactment, are intended as a continuation of such regulationsand not as new enactments, and the effectiveness of such provisions shall date from the date ofadoption of the prior regulation. All such provisions are hereby continued in full force and effectand are hereby reaffirmed as to their adoption by the Conservation Commission.§205-9. Amendments.Throughout Chapter 215, Inland Wetlands and Watercourses Regulations, references to theDepartment of Environmental Protection and the Commissioner of Environmental Protection areamended to refer to the Department of Energy and Environmental Protection and theCommissioner of Energy and Environmental Protection, respectively.Chapter 207. Aquifer Protection Area Regulations[HISTORY: Adopted by the Planning and Zoning Commission of the Town of Weston effective 8-15-2008. Amendments noted where applicable.]GENERAL REFERENCESAquifer Protection Agency—See Ch. 18, Art. VII.Land use fees—See Ch. 70, Art. I.Groundwater heat pumps—See Ch. 87.Inland wetlands and watercourses regulations—See Ch. 215.Subdivision regulations—See Ch. 230.Zoning regulations—See Ch. 240.§207-1. Title and authority.Aquifers are an essential natural resource and a major source of public drinking water for theState of Connecticut. Use of groundwater will increase as the population grows andopportunities for new surface water supplies diminish due to the rising cost of land andincreasingly intense development. At the same time, numerous drinking water wells havebeen contaminated by certain land use activities, and others are now threatened. To addressthis problem, Connecticut has established the Aquifer Protection Area Program (ConnecticutGeneral Statutes §22a-354a to §22a-354bb) to identify critical water supply aquifers and toprotect them from pollution by managing land use. Protection requires coordinatedresponsibilities shared by the state, municipality and water companies to ensure a plentifulsupply of public drinking water for present and future generations. It is therefore the purpose

(1)(2)(3)(4)B.C.[1]D.E.of these regulations to protect aquifer protection areas within the Town of Weston by makingprovisions for:Implementing regulations consistent with state regulations and An Act ConcerningAquifer Protection Areas, Connecticut General Statutes §22a-354a to §22a-354bb ("theAct");Delineating aquifer protection areas on the Town Zoning Map;Regulating land use activity within the aquifer protection area, including prohibitingcertain new activities; registering existing regulated activities; and issuing permits for newregulated activities at registered facilities; andAdministering and enforcing these regulations.These regulations shall be known as the "Aquifer Protection Area Regulations" (the "APARegulations") of the Town of Weston.These regulations were adopted and may be amended from time to time in accordance withthe provisions of §22a-354p of An Act Concerning Aquifer Protection Areas, the ConnecticutGeneral Statutes § 22a-354a to § 22a-354bb and the Regulations of Connecticut StateAgencies §22a-354i-1 through §22a-354i-10.The Planning and Zoning Commission of the Town of Weston is established as the AquiferProtection Agency (the "Agency") in accordance with the Ordinance Concerning theDesignation of the Planning and Zoning Commission as the Town's Aquifer Protection Agency(the "APA Ordinance"),[1] effective January 12, 2006, and shall implement the purposes andprovisions of the APA Ordinance and the Act.Editor's Note: See Ch. 18, Art. VII, Aquifer Protection Agency.The Agency shall administer all provisions of the Act and shall approve or deny registrations,issue permits, issue permits with terms, conditions, limitations or modifications, or denypermits for all regulated activities in aquifer protection areas in the Town of Weston pursuantto the Act.§207-2. Definitions.As used in these regulations, the following definitions apply:AFFECTED WATER COMPANYAs defined in §22a-354h of the Connecticut General Statutes.AGENCYThe board or commission authorized by the municipality under §22a-354o of the ConnecticutGeneral Statutes.AGRICULTUREAs defined in the §1-1(q) of the Connecticut General Statutes.APPLICANTAs appropriate in context, a person who applies for an exemption under §22a-354i-6 of theRegulations of Connecticut State Agencies, a permit under §22a-354i-8 of the Regulations ofConnecticut State Agencies or a permit under §207-9 of the APA Regulations.APPLICATIONAs appropriate in context, an application for an exemption under § 22a-354i-6 of theRegulations of Connecticut State Agencies, an application for a permit under §22a-354i-8 ofthe Regulations of Connecticut State Agencies or an application for a permit under §207-9 ofthe APA Regulations.AQUIFER PROTECTION AREAAs defined in §22a-354h of the Connecticut General Statutes and any extension of such areaapproved by the Commissioner pursuant to §22a-354i-4 of the Regulations of ConnecticutState Agencies.AREA OF CONTRIBUTION

As defined in §22a-354h of the Connecticut General Statutes and as mapped in accordancewith §22a-354b-1 of the Regulations of Connecticut State Agencies.BULK STORAGE FACILITYProperty where oil or petroleum liquids are received by tank vessel, pipeline, railroad car ortank vehicle for the purpose of storage for wholesale distribution.CERTIFIED HAZARDOUS MATERIALS MANAGERA hazardous materials manager certified by the Institute of Hazardous Materials Managementand who is qualified by reason of relevant specialized training and relevant specializedexperience to conduct audits of regulated activities to ensure compliance with applicable lawsand identify appropriate pollution prevention practices for such activities.COMMISSIONERThe Commissioner of Energy and Environmental Protection, or his or her agent.DOMESTIC SEWAGEAs defined in §22a-430-3(a) the Regulations of Connecticut State Agencies.FACILITYProperty where a regulated activity is conducted by any person, including without limitationany buildings located on the property that are owned or leased by that person; and includescontiguous land owned, leased, or for which there is an option to purchase by that person.FLOOR DRAINAny opening in a floor or surface which opening or surface receives materials spilled ordeposited thereon.HAZARDOUS MATERIALAny hazardous substance as defined in 40 CFR 302.4 and listed therein at Table 302.4,excluding mixtures with a total concentration of less than 1% hazardous substances based onvolume; any hazardous waste as defined in § 22a-449(c)-101 of the Regulations ofConnecticut State Agencies; any pesticide as defined in §22a-47 of the Connecticut GeneralStatutes; or any oil or petroleum as defined in §22a-448 of the Connecticut General Statutes.HAZARDOUS WASTEAs defined in §22a-449(c)-101 of the Regulations of Connecticut State Agencies.INDUSTRIAL LAUNDRYA facility for washing clothes, cloth or other fabric used in industrial operations.INFILTRATION DEVICEAny discharge device installed below or above the ground surface that is designed todischarge liquid to the ground.INLAND WETLAND AND WATERCOURSE AREAS MAPA map pursuant to §22a-42a of the Connecticut General Statutes.ISO 14001 ENVIRONMENTAL MANAGEMENT SYSTEM CERTIFICATIONA current ISO 14001 environmental management system certification issued by an ISO 14001environmental management system registrar that is accredited by the American NationalStandards Institute (ANSI) - American Society for Quality (ASQ) National Accreditation Board(ANAB).LEVEL A MAPPINGThe lines as shown on Level A maps approved or prepared by the Commissioner pursuant to§ 22a-354c, § 22a-354d or §22a-354z of the Connecticut General Statutes encompassingthe area of contribution and recharge areas.LUBRICATING OILOil that contains less than 1% chlorinated solvents and is used for the sole purpose oflubricating, cutting, grinding, machining, stamping or quenching metals.MUNICIPALITYAs defined in §22a-354h of the Connecticut General Statutes.OWNERThe owner or lessee of the facility in question.

(1)(2)A.B.C.D.E.DE-ICING CHEMICALSodium chloride, calcium chloride, or calcium magnesium acetate.PERSONAny individual, firm, partnership, association, syndicate, company, trust, corporation, limitedliability company, municipality, agency, political or administrative subdivision of the state, orother legal entity of any kind.POLLUTIONAs defined in §22a-423 of the Connecticut General Statutes.POLLUTION PREVENTIONThe use of processes and materials so as to reduce or minimize the amount of hazardousmaterials used or the quantity and concentration of pollutants in waste generated.PROFESSIONAL ENGINEERA professional engineer licensed in accordance with Chapter 391 of the Connecticut GeneralStatutes, and who is qualified by reason of relevant specialized training and relevantspecialized experience to conduct audits of regulated activities to ensure compliance withapplicable law and identify appropriate pollution prevention practices for such activities.PUBLICLY OWNED TREATMENT WORKSAs defined in §22a-430-3 of the Regulations of Connecticut State Agencies.PUBLIC SERVICE COMPANYAs defined in §16-1 of the Connecticut General Statutes.PUBLIC SUPPLY WELLAs defined in §19-13-B51b of the Regulations of Connecticut State Agencies.RECHARGE AREAAs defined in §22a-354h of the Connecticut General Statutes and as mapped in accordancewith §22a-354b-1 of the Regulations of Connecticut State Agencies.REGISTERED REGULATED ACTIVITYA regulated activity which has been registered under § 22a-354i-7 of the Regulations ofConnecticut State Agencies or § 207-8 of the APA Regulations, and is conducted at thefacility identified in such registration.REGISTRANTA person who or which has submitted a registration for an existing regulated activity under§ 22a-354i-7 of the Regulations of Connecticut State Agencies or § 207-4 of the APARegulations.REGULATED ACTIVITYAny of the following activities, which are located or conducted, wholly or partially, in an aquiferprotection area, except as provided for in §22a-354i-5(c) and §22a-354i-6 of the Regulationsof Connecticut State Agencies or §207-4 of the APA Regulations:Underground storage or transmission of oil or petroleum, to the extent such activity is notpreempted by federal law, or hazardous material, except for:An underground storage tank that contains Number 2 fuel oil and is located morethan 500 feet from a public supply well subject to regulation under § 22a-354c or§22a-354z of the Connecticut General Statutes; orUnderground electrical facilities, such as transformers, breakers, or cablescontaining oil for cooling or insulation purposes which are owned and operated by apublic service company.Oil or petroleum dispensing for the purpose of retail, wholesale or fleet use.On-site storage of hazardous materials for the purpose of wholesale sale.Repair or maintenance of vehicles or internal combustion engines of vehicles, involvingthe use, storage or disposal of hazardous materials, including solvents, lubricants, paints,brake fluids, transmission fluids or the generation of hazardous wastes.Salvage operations of metal or vehicle parts.

(1)(2)(3)(4)(5)F.G.H.I.J.K.L.M.N.O.P.Q.R.S.T.U.V.Wastewater discharges to groundwater other than domestic sewage and stormwater,except for discharges from the following that have received a permit from theCommissioner pursuant to §22a-430 of the Connecticut General Statutes:A pump-and-treat system for groundwater remediation.A potable water treatment system.Heat pump system.Noncontact cooling water system.Swimming pools.Car or truck washing, unless all wastewaters from such activity are lawfully disposed ofthrough a connection to a publicly owned treatment works.Production or refining of chemicals, including without limitation hazardous materials orasphalt.Clothes or cloth cleaning service which involves the use, storage or disposal ofhazardous materials, including without limitation dry-cleaning solvents.Industrial laundry activity that involves the cleaning of clothes or cloth contaminated byhazardous material, unless all wastewaters from such activity are lawfully disposed ofthrough a connection to a publicly owned treatment works.Generation of electrical power by means of fossil fuels, except for generation of electricalpower by an emergency engine as defined by §22a-174-22(a)(2) of the Regulations ofConnecticut State Agencies or generation of electrical power by means of natural gas orpropane.Production of electronic boards, electrical components, or other electrical equipmentinvolving the use, storage or disposal of any hazardous material or involving metalplating, degreasing of parts or equipment, or etching operations.Embalming or crematory services which involve the use, storage or disposal ofhazardous material, unless all wastewaters from such activity are lawfully disposed ofthrough a connection to a publicly owned treatment works.Furniture stripping operations which involve the use, storage or disposal of hazardousmaterials.Furniture finishing operations which involve the use, storage or disposal of hazardousmaterials, unless all wastewaters from such activity are lawfully disposed of through aconnection to a publicly owned treatment works.Storage, treatment or disposal of hazardous waste subject to a permit under § 22a-449(c)-100 to § 22a-449(c)-110, inclusive, of the Regulations of Connecticut StateAgencies.Biological or chemical testing, analysis or research which involves the use, storage ordisposal of hazardous material, unless all wastewaters from such activity are lawfullydisposed of through a connection to a publicly owned treatment works, and provided thaton-site testing of a public supply well by a public water utility is not a regulated activity.Pest control services which involve storage, mixing or loading of pesticides or otherhazardous materials.Photographic finishing which involves the use, storage or disposal of hazardousmaterials, unless all wastewater from such activity is lawfully disposed of through aconnection to a publicly owned treatment works.Production or fabrication of metal products which involves the use, storage or disposal ofhazardous materials, including metal cleaning or degreasing with industrial solvents,metal plating, or metal etching.Printing, platemaking, lithography, photoengraving, or gravure, which involves the use,storage or disposal of hazardous materials.Accumulation or storage of waste oil, antifreeze or spent lead-acid batteries which aresubject to a general permit issued by the Commissioner under §22a-208(i) and §22a-454(e)(1) of the Connecticut General Statutes.

W.X.Y.Z.AA.BB.[1](1)A.Production of rubber, resin cements, elastomers or plastic, which involves the use,storage or disposal of hazardous materials.Storage of de-icing chemicals, unless such storage takes place within a weathertightwaterproof structure for the purpose of retail sale or for the purpose of de-icing parkingareas or access roads to parking areas.Accumulation, storage, handling, recycling, disposal, reduction, processing, burning,transfer or composting of solid waste which is subject to a permit issued by theCommissioner pursuant to §22a-207b,[1] §22a-208a, and §22a-208c of the ConnecticutGeneral Statutes, except for a potable water treatment sludge disposal area.Dying, coating or printing of textiles or tanning or finishing of leather, which activityinvolves the use, storage or disposal of hazardous materials.Production of wood veneer, plywood, reconstituted wood or pressure-treated wood,which involves the use, storage or disposal of hazardous material.Pulp production processes that involve bleaching.RELEASEAs defined in §22a-133k-1 of the Regulations of Connecticut State Agencies.STATE AQUIFER PROTECTION REGULATIONS§22a-354i-1 to §22a-354i-10, inclusive, of the Regulations of Connecticut State Agencies.STORAGEThe holding or possession of any hazardous material.STORAGE TANKA stationary device which is designed to store hazardous materials and is constructed ofnonearthen materials, including without limitation concrete, steel, fiberglass or plastic.TOPOGRAPHIC FEATUREAn object, whether natural or man-made, located on the earth surface and of sufficient sizethat it appears on a 1:24,000 scale topographic quadrangle map drawn by the United StatesGeological Survey.UNDERGROUNDWhen referring to a storage tank or storage tank component, that 10% or more of thevolumetric capacity of such tank or component is below the surface of the ground and thatportion which is below the surface of the ground is not fully visible for inspection.VEHICLE or VEHICLESA "vessel" as defined by § 15-170 of the Connecticut General Statutes and any vehiclepropelled or drawn by any nonmuscular power, including without limitation an automobile,aircraft, all-terrain vehicle, tractor, lawn mower or snowmobile.WATERSAs defined in §22a-423 of the Connecticut General Statutes.WELL FIELDAs defined in §22a-354h of the Connecticut General Statutes.ZONING DISTRICT MAPAny map showing zoning districts prepared in accordance with maps adopted pursuant to §8-3 of the Connecticut General Statutes.Editor's Note: Section 22a-207b was repealed by P.A. 06-76, §31.§207-3. Delineation of aquifer protection area boundaries.The Planning and Zoning Commission shall delineate the aquifer protection areas on theTown of Weston Zoning Map. Such delineation shall consist of the combined areas ofcontribution and recharge areas as shown on Level A maps approved or prepared by theCommissioner.Such boundaries shall be delineated within 120 days after being notified by theCommissioner that an aquifer protection area is located partially or entirely within the

(a)(b)(2)[1][2](a)[a][b][c][1][a][b][2][3](b)(1)(2)B.C.D.Town of Weston.Notice of such delineation shall be published in a newspaper having substantialcirculation in the affected area. Such notice shall include at least the following:A map or detailed description of the subject aquifer protection area; andThe name, telephone number, and address of a representative of the Agency whomay be reached for further information.In order to clarify the location of an aquifer protection area boundary, the Agency may apply tothe Commissioner to extend such boundary to coincide with the nearest property line,municipal boundary or topographic feature pursuant to § 22a-354i-4 of the Regulations ofConnecticut State Agencies. Such extension shall, at a minimum, fully encompass the aquiferprotection areas bounded by the approved Level A mapping but shall not exceed the distancenecessary to clarify the location of the aquifer protection area or to facilitate the administrationof regulations pertaining thereto. An aquifer protection area boundary may not be extendedwithout prior written approval of the Commissioner.Any request by the Agency to the Commissioner for extension of an aquifer protectionarea boundary shall include at least the following:A map to scale delineating:The aquifer protection area boundary mapped under § 207-3A of the APARegulations; andThe proposed extension of the aquifer protection area boundary;A certification by the Chairperson or duly authorized agent of the Agency that noticeof such request has been provided to all owners of property within the proposedextended aquifer protection area and all affected water companies in accordancewith the following:Such notice shall include at least the following:A map showing the aquifer protection area boundaries and the proposedextension of such boundaries;The name, address, and telephone number of a representative of theAgency who may be contacted for further information; andA statement that any person may, not later than 30 days after saidnotification, submit to the Agency written comments on such proposedboundary extension;Such notice shall be effectuated by the following:Delivery of notice by certified mail to those individuals and entities identifiedin Subsection B(1)(b) of this section; orThe publication of a notice in a newspaper having substantial circulation inthe affected area; and posting of notice near the proposed boundaries ofthe subject aquifer protection area of at least four signs each of which shallbe at least four square feet in size two feet by two feet; andA summary of comments received by such Agency regarding the proposedboundary extension and the Agency's response.Not later than 60 days after receiving the Commissioner's written approval of a request toextend an aquifer protection area boundary, the Agency shall cause such boundary to bedelineated in accordance with Subsection A of this section.No person may challenge the boundaries of the aquifer protection area under the APARegulations unless such challenge is based solely on a failure by the Agency to properlydelineate the boundaries in accordance with §22a-354n of the Connecticut General Statutes.A map of the location and boundaries of the aquifer protection areas, or regulated areas, shallbe available for inspection in the office of the Town Clerk or the Agency.

E.A.(1)(2)B.(1)(2)(3)(a)(b)(c)(d)[1][2][3](e)(4)(a)(b)(c)[1](d)(5)C.If the Level A mapping is amended in accordance with §22a-354b-1(i) or §22a-354b-1(j) ofthe Regulations of Connecticut State Agencies, the Agency shall cause the amended aquiferprotection area boundary to be delineated in accordance with Subsection A or B of thissection.§207-4. Prohibited and regulated activities.All regulated activities are prohibited in aquifer protection areas, except as specified inSubsection B of this section.The following regulated activities are not prohibited in aquifer protection areas:A registered regulated activity which is conducted in compliance with §22a-354i-9 of theRegulations of Connecticut State Agencies or §207-12 of the APA Regulations; andA regulated activity which has received a permit issued pursuant to §22a-354i-8 of theRegulations of Connecticut State Agencies or §207-9 of the APA Regulations.The following are not regulated activities:Any activity conducted at a residence without compensation;Any activity involving the use or storage of no more than 2.5 gallons of each type ofhazardous material on site at any one time, provided that the total of all hazardousmaterials on site does not exceed 55 gallons at any one time;Any agricultural activity regulated pursuant to §22a-354m(d) of the Connecticut GeneralStatutes;Any activity, provided that all the following conditions are satisfied:Such activity takes place solely within an enclosed building in an area with animpermeable floor;Such activity involves no more than 10% of the floor area in the building where theactivity takes place;Any hazardous material used in connection with such activity is stored in suchbuilding at all times;All wastewaters generated by such activity are lawfully disposed through aconnection to a publicly owned treatment works; andSuch activity does not involve:Repair or maintenance of internal combustion engines, including withoutlimitation, vehicles, or equipment associated with such vehicles;Underground storage of any hazardous material,; oraboveground storage of more than 110 gallons of hazardous materials;Any activity solely involving the use of lubricating oil, provided that all the followingconditions are satisfied:Such activity does not involve cleaning of metals with chlorinated solvents at thefacility;Such activity takes place solely within an enclosed building in an area with animpermeable floor;Any hazardous material used in connection with such activity is stored in suchbuilding at all times; andSuch activity does not involve:Repair or maintenance of internal combustion engines, including withoutlimitation, vehicles, or equipment associated with such vehicles;

[2][3](a)(b)(c)(6)(1)(2)D.A.B.C.A.B.A.Underground storage of any hazardous material; orAboveground storage of more than 110 gallons of such lubricating oil andassociated hazardous waste; andAny activity involving the dispensing of oil or petroleum from an aboveground storagetank or tanks with an aggregate volume of 2,000 gallons or less, provided that all thefollowing conditions are satisfied:Such dispensing activity takes place solely on a paved surface which is covered by aroof;The aboveground storage tank(s) is a double-walled tank with overfill alarms; andAll associated piping is either above ground or has secondary containment.Determination of a nonregulated activity.Any person proposing to carry out a nonregulated activity, as set forth in § 207-4C ofthese regulations, in an aquifer protection area shall, prior to commencement of suchactivity, notify the Agency or its duly authorized agent on a form provided by the Agency.Such form shall provide sufficient information to enable the Agency or its duly authorizedagent to properly determine that the proposed activity is a regulated activity or anonregulated activity within the aquifer protection area.If such activity is determined to be a nonregulated activity, then no further action underthe APA Regulations is necessary.§207-5. Activities regulated by the state.The Commissioner shall exclusively regulate activities within aquifer protection areas that arespecified in §22a-354p(g) of the Connecticut General Statutes. The Agency shall regulate allother regulated activities.Any person conducting regulated activities that are within the authority of the Commissionershall submit a registration or obtain a permit or exemption from the Commissioner prior toengaging in such activity. The Commissioner shall process applications for those regulatedactivities.The Agency may submit an advisory decision to the Commissioner for consideration on anypermit regulated under this section in accordance with the Connecticut General Statutes§22a-354p(g).§207-6. Application for an exemption from prohibition orregulation.The owner or operator of a regulated activity may seek an exemption from the Commissionerpursuant to § 22a-354i-6 of the Regulations of Connecticut State Agencies. Any personseeking an exemption from the Commissioner shall concurrently submit a copy of theapplication for an exemption to the Agency and any affected water company.The Agency may submit written comments to the Commissioner on any exemption regulatedunder this section in accordance with §22a-354i-6(c) of the Regulations of Connecticut StateAgencies within 60 days of the Agency receipt of a copy of the application.§207-7. General registration, permit application and transferprocedures.All applications for permits and registrations shall contain sufficient information for a fair andinformed determination of the issues. The Agency may request additional information from theapplicant for this purpose.

B.C.D.E.F.G.(1)(2)A.(a)(b)(c)(1)B.The day of receipt of a registration, permit application or transfer form shall be the day of thenext regularly scheduled meeting of the Agency immediately following the day of submissionof the application to the Agency or its duly authorized agent or 35 days after such submission,whichever is sooner.At any time during the review period, the Agency may require the applicant or registrant toprovide additional information about the regulated activity. Requests for additional informationshall not stay the time limitations for registrations and permits as set forth in §§ 207-8 and207-9 of the APA Regulations.All permit applications and registrations shall be open for public inspection.Incomplete permit applications and registrations may be denied without prejudice.No permit or registration issued under § 207-8 or 207-9 of the APA Regulations shall beassigned or transferred except with written approval by the Agency.The Agency shall notify the Town Clerk of any adjoining municipality of the pendency of anyapplication, petition, appeal, request or plan concerning any project on any site in which: 1)any portion of the property affected by a decision of such agency is within 500 feet of theboundary of the adjoining municipality; 2) a significant portion of the traffic to the completedproject on the site will use streets within the adjoining municipality to enter or exit the site; 3) asignificant portion of the sewer or water drainage from the project on the site will flow throughand significantly impact the drainage or sewerage system within the adjoining municipality; or4) water runoff from the improved site will impact streets or other municipal or private propertywithin the adjoining municipality. Such notice shall be made by certified mail, return receiptrequested, and shall be mailed within seven days of the date of receipt of the application,petition, request or plan. Such adjoining municipality may, through a representative, appearand be heard at any hearing on any such application, petition, appeal, request or plan.§207-8. Registration requirements.Any person engaged in a regulated activity which substantially commenced, or was in activeoperation within the past five years, or with respect to which a municipal building permit wasissued, either before the effective date of the state aquifer protection regulations or before thedate an applicable aquifer protection area is designated on a municipal zoning district map orinland wetland and watercourse areas map, whichever occurs later, shall register the activityin accordance with this section unless such person has pending an application for anexemption pursuant to §22a-354i-6 of the Regulations of Connecticut State Agencies.The Commissioner shall process registrations for those regulated activities specified in§ 22a-354p(g) of the Connecticut General Statutes. The Agency shall processregistrations for all other regulated activities.If the regulated activity is not specified in § 22a-354p(g) of the Connecticut GeneralStatutes, the person engaged in such activity shall submit a registration to the Agencynot later than 180 days after adoption of regulations pursuant to § 22a-354p of theConnecticut General Statutes, or the designation of the aquifer protection area pursuantto §22a-354i-2 of the Regulations of Connecticut State Agencies, whichever occurs later.Said person shall simultaneously file a copy of the registration with the Commissioner,Commissioner of Public Health and the affected water company.All registrations shall be provided on a form prescribed by the Agency and shall beaccompanied by the correct registration fee in accordance with § 207-18 of the APARegulations. Such registration forms may be obtained from the Agency. Such registrationforms shall include at least the following information in writing or on maps or drawings:The name, business telephone number, street address and mailing address of the:Registrant; if the registrant is a corporation or limited partnership, the full name of thefacility and such corporation or limited partnership as registered with the ConnecticutSecretary of State, and any officer or governing or managing body of anypartnership, association, firm or corporation;Owner of such facility if different than the registrant; andManager or operator overseeing the operations of such facility;

(2)(3)(4)(1)(2)C.D.E.(1)(2)(3)(4)(5)F.The location of such facility, using street address or other appropriate method of location,and a map showing the property boundaries of the facility on a 1:24,000 scale UnitedStates Geological Survey topographic quadrangle base;An identification of the regulated activity or activities conducted at the facility, asdescribed in § 207-2A, definition of "regulated activity," of the APA Regulations, whichregulated activity or activities shall consist of any regulated activity which substantiallycommenced, was in active operation, or, with respect to which a municipal buildingpermit, was issued within the past five years; andA certification by the registrant that the subject regulated activity is in compliance with thebest management practices set forth in §207-12A of the APA Regulations, as follows,signed after satisfying the statements set forth in the following certification:"I have personally examined and am familiar with the information submitted in thisregistration and all attachments, and I certify, based on reasonable investigation,including my inquiry of those individuals responsible for obtaining the information, thesubmitted information is true, accurate and complete to the best of my knowledge andbelief. I understand that any false statement made in this document or certification maybe punishable as a criminal offense under § 53a-157b of the Connecticut GeneralStatutes and any other applicable law."When deemed necessary to protect a public supply well subject to regulation under § 22a-354c or §22a-354z of the Connecticut General Statutes, the Agency may:Require, by written notice, any registrant to submit for review and written approval astormwater management plan prepared in accordance with § 207-12B of the APARegulations. If so required, the stormwater management plan shall be implemented bythe registrant immediately upon its approval; orRequire, by written notice, any registrant to submit for review and written approval thematerials management plan prepared in accordance with § 207-12A of the APARegulations. If so required, the materials management plan shall be implemented by theregistrant immediately upon its approval.If the Agency determines that a registration is incomplete, it shall reject the registration andnotify the registrant of what additional information is required and the date by which it shall besubmitted.If the registration is determined to be complete, and the regulated activity is eligible forregistration, the Agency shall send written notification of such registration to the registrant.Such registration shall be determined to be complete and eligible if the registrant has nototherwise received a notice of rejection from the Agency, not later than 180 days after thedate the registration is received by the Agency.The following general provisions shall be included in the issuance of all registrations:The Agency has relied in whole or in part on information provided by the registrant and ifsuch information subsequently proves to be false, deceptive, incomplete or inaccurate,the registration may be modified, suspended or revoked;All registrations issued by the Agency are subject to and do not derogate any present orfuture rights or powers of the Commissioner, Agency, or municipality, and convey norights in real estate or material nor any exclusive privileges, and are further subject to anyand all public and private rights and to any federal, state, and municipal laws orregulations pertinent to the subject land or activity;A complete registration shall expire five years from the date of receipt of such registrationby the Agency;The registrant shall apply to the Agency to renew the registration on a form prescribed bythe Agency for a facility prior to expiration of such registration; andIf a registered regulated activity is out of business or inactive when registration renewal isrequired, a five-year allowance shall be in effect from the date the registration expires. Ifthe registrant has not applied to renew the registration within five years of the date theregistration expires, the facility is no longer eligible for registration.

G.H.A.B.C.(1)(a)(b)(c)(2)(3)(4)(a)(b)(c)(5)(6)D.If a regulated activity which is eligible for registration in accordance with Subsection A of thissection fails to be registered or if the registrant of an active registered activity fails to apply forrenewal prior to expiration, the Commissioner or Municipal Aquifer Protection Agency, asappropriate, may accept a late registration at their discretion, subject to the limitations inSubsection F(5) of this section.Any person wishing to assume the benefits under a registration for regulated activities shallapply to transfer such registration on a form prescribed by the Agency and submitted to theAgency.§207-9. Permit requirements.Any person may apply for a permit to add a regulated activity to a facility where a registeredregulated activity occurs.The Agency shall process permit applications for those registrants that have registeredpursuant to § 207-8 of the APA Regulations. The Commissioner shall process permitapplications for regulated activities specified in § 22a-354p(g) of the Connecticut GeneralStatutes and for those registrants that have registered pursuant to §22a-354i-7(b)(1) of theRegulations of Connecticut State Agencies.Action shall be taken on permit applications within 65 days after the completion of a publichearing or in the absence of a public hearing within 65 days from the date of receipt of theapplication. The applicant may consent to one or more extensions of either of these timeframes, provided that the total extension of all such periods is 65 days or less.An application for a permit shall be made on a form prescribed by the Agency and shall beaccompanied by the correct application fee in accordance with § 207-18 of the APARegulations. Such permit application forms may be obtained from the Agency. Simultaneouslywith filing an application, the applicant shall send a copy of the application to theCommissioner, the Commissioner of Public Health and the affected water company. Anapplication shall include the following information:The information as required for a registration under § 207-8B of the APA Regulationsshall be provided for the proposed regulated activity;A confirmation and certification that the existing and proposed activity:Remains and shall remain in compliance with §207-12A of the APA Regulations;Shall not increase the number of underground storage tanks used for storage ofhazardous materials; andRemains and shall remain in compliance with all local, state, and federalenvironmental laws;A materials management plan in accordance with §207-12A of the APA Regulations;A stormwater management plan in accordance with §207-12B of the APA Regulations;The following environmental compliance information with respect to environmentalviolations which occurred at the facility where the regulated activities are conductedwithin the five years immediately preceding the date of the application:Any criminal conviction involving a violation of any environmental protection law;Any civil penalty imposed in any state or federal judicial proceeding, or any penaltyexceeding $5,000 imposed in any administrative proceeding; andAny judicial or administrative orders issued regarding any such violation, togetherwith the dates, case or docket numbers, or other information which identifies theproceeding. For any such proceeding initiated by the state or federal government,the Agency may require submission of a copy of any official document associatedwith the proceeding, the final judgment or order;Any additional information deemed necessary by the Agency regarding potential threatsto the groundwater and proposed safeguards; and

(7)E.F.G.(1)(2)(3)(4)(a)(b)(c)(5)(6)(7)(8)H.(1)(2)I.The following certification signed by the applicant and the individual responsible forpreparing the application, after satisfying the statements set forth in the certification:"I have personally examined and am familiar with the information submitted in thisdocument and all attachments, and I certify, based on reasonable investigation,including my inquiry of those individuals responsible for obtaining the information, thesubmitted information is true, accurate and complete to the best of my knowledge andbelief. I understand that any false statement made in the submitted information ispunishable as a criminal offense under §53a-157b of the Connecticut General Statutesand any other applicable law."The Commissioner, any affected water company or the Commissioner of Public Health may,not later than 30 days after receiving a copy of an application for a permit under this section,submit to the Agency written comments on such application. The Agency shall give dueconsideration to any such comments, and shall provide a copy of the decision to theCommissioner, the affected water company and the Commissioner of Public Health.To carry out the purposes of the Act, the Agency may grant an application as filed, grant itupon such terms, conditions, limitations or modifications necessary, or deny it. The Agencyshall state upon the record the reason for its decision.The Agency may hold a public hearing on an application for a permit in accordance with§207-10 of the APA Regulations.The Agency shall not issue a permit unless a complete application has been received and theapplicant demonstrates to the Agency's satisfaction that all requirements of this section havebeen satisfied and all of the following standards and criteria have been met:The proposed regulated activity shall take place at a facility where a registered regulatedactivity occurs;The proposed regulated activity shall not increase the number, or storage capacity ofunderground storage tanks used for hazardous materials except for the replacement ofan existing underground storage tank in accordance with § 207-12A(3) of the APARegulations;The materials management plan and stormwater management plan have beensatisfactorily prepared in accordance with §207-12A and B of the APA Regulations;The applicant has submitted a confirmation and certification that all regulated activitiesremain and shall remain in compliance with all local, state and federal environmentallaws in accordance with Subsection D(2) of this section;The applicant's compliance record does not indicate:That any noncompliance resulted from indifference to or disregard for the legalrequirements;An unwillingness or inability to devote the resources necessary to comply andremain in compliance; orThat instances of noncompliance have led to serious environmental harm, harm tohuman health or safety, or a substantial risk of such harm;The proposed regulated activity shall be conducted in accordance with §207-12 of theAPA Regulations;The existing regulated activity is being conducted in accordance with § 207-12 of theAPA Regulations; andThe certification required under Subsection D(7) of this section has been signed by theapplicant and the individual responsible for preparing the application.The Agency may impose reasonable conditions or limitations on any permit issued under thissection to assure protection of the groundwater, including but not limited to the following:Best management practices in addition to those set forth in § 207-12 of the APARegulations; andGroundwater monitoring.

(1)(2)(3)(4)J.K.L.M.A.B.C.D.E.F.G.H.I.The following general provisions shall be included in the issuance of all permits:The Agency has relied in whole or in part on information provided by the applicant and ifsuch information subsequently proves to be false, deceptive, incomplete or inaccurate,the permit may be modified, suspended or revoked;All permits issued by the Agency are subject to and do not derogate any present or futurerights or powers of the Commissioner, Agency, or municipality, and convey no rights inreal estate or material nor any exclusive privileges, and are further subject to any and allpublic and private rights and to any federal, state, and municipal laws or regulationspertinent to the subject land or activity;The permit shall expire 10 years from the date of issuance of such permit by the Agency;andA person shall apply to the Agency to renew the permit on a form prescribed by theAgency prior to expiration of such permit. Such renewal shall be granted upon request bythe Agency unless a substantial change in the permitted activity is proposed, orenforcement action with regard to the regulated activity has been taken, in which case, anew permit application shall be submitted and reviewed in accordance with the provisionsof this section.The Agency shall notify the applicant or permittee within 15 days of the date of the decisionby certified mail, return receipt requested, and the Agency shall cause notice of its order inissuance or denial of a permit to be published in a newspaper having a general circulation inthe municipality in which the aquifer protection area is located.A permittee may request a modification of a permit from the Agency. Such request shall be ona form prescribed by the Agency and shall include the facts and reasons supporting therequest. The Agency may require the permittee to submit a new application for a permit orrenewal in lieu of a modification request.A person wishing to assume the benefits under a permit for regulated activities shall apply totransfer such permit on a form prescribed by the Agency and submitted to the Agency.§207-10. Public hearings regarding permit applications.If the Agency decides to hold a public hearing regarding an application for a permit to conducta regulated activity within an aquifer protection area, such hearing shall commence no laterthan 65 days after the receipt of such application.Notice of the hearing shall be published at least twice at intervals of not less than two days,the first not more than 15 days and not less than 10 days, and the last not less than two daysbefore the date set for the hearing in a newspaper having a general circulation in eachcity/town where the affected aquifer, or any part thereof, is located.The Agency shall send to any affected water company, at least 10 days before the hearing, acopy of the notice by certified mail, return receipt requested. Any affected water companymay, through a representative, appear and be heard at any such hearing.All applications, maps and documents relating thereto shall be open for public inspection.At such hearing any person or persons may appear and be heard.The hearing shall be completed within 35 days of its commencement.The applicant may consent to an extension of the time frames in Subsections A or F of thissection, provided that the total extension of all such periods, including any extensionsprovided in §207-9C, totals 65 days or less.In reaching its decision on any application after a public hearing, the Agency shall base itsdecision on the record of that hearing. Documentary evidence or other material not in thehearing record shall not be considered by the Agency in its decision.The applicant or permittee shall be notified of the Agency's decision in accordance with§207-9K of the APA Regulations.

A.B.(a)(b)(c)(d)(e)(f)(g)(h)(1)(2)(3)(4)(a)(5)A.§207-11. Bond and insurance relevant to permit applicants.An applicant may be required to file a bond as a condition of the permit.Any bond or surety shall be conditioned on compliance with all provisions of these regulationsand the terms, conditions and limitations established in the permit.§207-12. Best management practices.Every regulated activity shall be conducted in accordance with the following:Hazardous materials may be stored above ground within an aquifer protection area onlyin accordance with the following conditions:Hazardous material shall be stored in a building or under a roof that minimizesstormwater entry to the hazardous material storage area, except that a roof is notrequired for a bulk storage facility as defined in §207-2 of the APA Regulations;Floors within a building or under a roof where hazardous material may be storedshall be constructed or treated to protect the surface of the floor from deteriorationdue to spillage of any such material;A structure which may be used for storage or transfer of hazardous material shall beprotected from stormwater run-on, and groundwater intrusion;Hazardous material shall be stored within an impermeable containment area whichis capable of containing at least the volume of the largest container of suchhazardous material present in such area, or 10% of the total volume of all suchcontainers in such area, whichever is larger, without overflow of released hazardousmaterial from the containment area;Hazardous material shall not be stored with other hazardous materials that areincompatible and may create a hazard of fire, explosion or generation of toxicsubstances;Hazardous material shall be stored only in a container that has been certified tomeet state or federal specifications for containers suitable for the transport orstorage of such material;Hazardous material shall be stored only in an area that is secured againstunauthorized entry by the public; andThe requirements of this subsection are intended to supplement, and not tosupersede, any other applicable requirements of federal, state, or local law, includingapplicable requirements of the Resource Conservation and Recovery Act of 1976;No person shall increase the number of underground storage tanks used to storehazardous materials;An underground storage tank used to store hazardous materials shall not be replacedwith a larger tank unless A) there is no more than an increase of 25% in volume of thelarger replacement tank, and B) the larger replacement tank is a double-walled tank withcoaxial piping, both meeting new installation component standards pursuant to § 22a-449(d)-1(e) and §22a-449(d)-102 of the Regulations of Connecticut State Agencies, andwith interstitial monitoring;No person shall use, maintain or install floor drains, dry wells or other infiltration devicesor appurtenances which allow the release of wastewaters to the ground, unless suchrelease is permitted by the Commissioner in accordance with §22a-430 or §22a-430b ofthe Connecticut General Statutes; andA materials management plan shall be developed and implemented in accordance withthe following:A materials management plan shall contain, at a minimum, the following informationwith respect to the subject regulated activity:

[1][a][b][c][2][3][4][5](b)(c)(1)(2)B.A.B.j g yA pollution prevention assessment consisting of a detailed evaluation ofalternatives to the use of hazardous materials or processes and practices thatwould reduce or eliminate the use of hazardous materials, and implementationof such alternatives where possible and feasible;A description of any operations or practices which may pose a threat of pollutionto the aquifer, which shall include the following:A process flow diagram identifying where hazardous materials are stored,disposed and used, and where hazardous wastes are generated andsubsequently stored and disposed;An inventory of all hazardous materials which are likely to be or will bemanufactured, produced, stored, utilized or otherwise handled; andA description of waste, including wastewaters generated, and a descriptionof how such wastes are handled, stored and disposed;The name, street address, mailing address, title and telephone number of theindividual(s) responsible for implementing the materials management plan andthe individual(s) who should be contacted in an emergency;A recordkeeping system to account for the types, quantities, and disposition ofhazardous materials which are manufactured, produced, utilized, stored, orotherwise handled or which are discharged or emitted; such recordkeepingsystem shall be maintained at the subject facility and shall be made availablethereat for inspection during normal business hours by the Commissioner andthe Municipal Aquifer Protection Agency; andAn emergency response plan for responding to a release of hazardousmaterials. Such plan shall describe how each such release could result inpollution to the underlying aquifer and shall set forth the methods used or to beused to prevent and abate any such a release;When a materials management plan is required under either §207-8C or 207-9D ofthe APA Regulations, such materials management plan shall be completed andcertified by a professional engineer or a certified hazardous materials manager, or, ifthe facility where the regulated activity is conducted has received and maintained anISO 14001 environmental management system certification, then the registrant maycomplete and certify the materials management plan; andThe materials management plan shall be maintained at the subject facility and shallbe made available thereat for inspection during normal business hours by theCommissioner and the Municipal Aquifer Protection Agency.The development and implementation of a stormwater management plan required forregulated activities in accordance with §§207-8C and 207-9D of the APA Regulations, shallbe as follows: A stormwater management plan shall assure that stormwater runoff generatedby the subject regulated activity is:Managed in a manner so as to prevent pollution of groundwater; andshall comply with all of the requirements for the general permit of the discharge ofstormwater associated with a commercial activity issued pursuant to §22a-430b of theConnecticut General Statutes.§207-13. Other state, federal and local laws.Nothing in these regulations shall obviate the requirement for the applicant to obtain any otherassents, permits or licenses required by law or regulation by the Town of Weston, State ofConnecticut and the Government of the United States including any approval required by theConnecticut Department of Energy and Environmental Protection and the U.S. Army Corps ofEngineers and the United States Environmental Protection Agency. Obtaining such assents,permits or licenses are the sole responsibility of the applicant.No person shall conduct any regulated activity within an aquifer protection area whichrequires zoning or subdivision approval without first having obtained a valid certificate of

[1]A.(a)(b)(1)(a)(b)(2)(a)(b)(3)B.C.D.zoning or subdivision approval, special permit, special exception or variance, or otherdocumentation establishing that the proposal complies with the Town of Weston Zoning orSubdivision Regulations.[1]Editor's Note: See Ch. 240, Zoning Regulations, and Ch. 230, Subdivision Regulations.§207-14. Enforcement.The Agency may appoint a duly authorized agent to act in its behalf with the authority to issuenotices of violation or cease and desist orders.If the Agency or its duly authorized agent finds that any person is conducting or maintainingany activity, facility or condition which violates any provision of these regulations, the Agencyor its duly authorized agent may:Issue a notice of violation.The notice of violation shall state the nature of the violation, the jurisdiction of theAgency, and the necessary action required to correct the violation, including withoutlimitation halting the activity in the aquifer protection area.The Agency may request that the person appear at the next regularly scheduledmeeting of the Agency to discuss the unauthorized activity and/or provide a writtenreply to the notice or file an application for the necessary permit or registration.Failure to carry out the action(s) directed in a notice of violation may result inissuance of an order under Subsection B(2) of this section or other enforcementproceedings as provided by law.Issue a written order.Such order shall be issued by certified mail, return receipt requested to such personconducting such activity or maintaining such facility or condition to cease suchactivity immediately or to correct such facility or condition. The Agency shall send acopy of such order to any affected water company by certified mail, return receiptrequested.Within 10 days of the issuance of such order, the Agency shall hold a hearing toprovide the person an opportunity to be heard and show cause why the order shouldnot remain in effect. Any affected water company may testify at the hearing. TheAgency shall consider the facts presented at the hearing and, within 10 days of thecompletion of the hearing, notify the person by certified mail, return receiptrequested, that the original order remains in effect, that a revised order is in effect, orthat the order has been withdrawn.Suspend or revoke registration or permit.The Agency may suspend or revoke a registration or a permit if it finds, after ahearing, that the registrant or permittee has not complied with the terms, conditionsor limitations set forth in the registration or the permit. Prior to revoking orsuspending any registration or permit, the Agency shall issue notice to the registrantor the permittee, personally or by certified mail, return receipt requested, setting forththe facts or conduct that warrants the intended action.The Agency shall hold a hearing to provide the registrant or permittee an opportunityto show that it is in compliance with its registration or permit. The Agency shall notifythe registrant or permittee of its decision by certified mail within 15 days of the dateof its decision. The Agency shall publish notice of a suspension or revocation in anewspaper having general circulation in the Town of Weston.An order issued pursuant to Subsection B(2) of this section shall be effective upon issuance,shall remain in effect until the Agency affirms, revises, or withdraws the order, and shall notdelay or bar an action pursuant to Subsection B(3) of this section.A court may assess criminal and or civil penalties to any person who commits, takes part in,or assists in any violation of any provision of the APA Regulations in accordance with §22a-354s(b) and §22a-354s(c) of the Connecticut General Statutes.§207-15. Amendments.

A.B.A.B.A.B.C.D.E.(1)(2)F.(1)G.These regulations may be amended, changed or repealed in accordance with §22a-354p(b)of the Connecticut General Statutes.If a complete application is filed with the Agency which is in conformance with the APARegulations as of the date of its filing, the permit issued shall not be required to comply withany changes in regulations taking effect on or after the filing date. The provisions of thissection shall not apply to the establishment, amendment, or change of the boundaries of theaquifer protection area or to any changes in the APA Regulations necessary to make theregulations consistent with Chapter 446i of the Connecticut General Statutes as of the date ofthe Agency's decision.§207-16. Appeals.Appeal of the Agency's regulation, order, decision or action shall be made in accordance with§22a-354q of the Connecticut General Statutes.§207-17. Conflict and severance.If there is a conflict between the provisions of the APA Regulations, the provision thatimposes the most stringent standards shall govern. The invalidity of any word, clause,sentence, section, part, subsection, subdivision or provision of these regulations shall notaffect the validity of any other part that can be given effect without such valid part or parts.If there is a conflict between the provisions of the APA Regulations and the Act, the provisionsof the Act shall govern.§207-18. Registration and permit application fees.All fees required by these regulations shall be submitted to the Agency by certified check ormoney order payable to the Town of Weston at the time the registration or permit applicationis filed with the Agency.No registration or permit application shall be granted or approved by the Agency unless thecorrect registration/application fee is paid in full or unless a waiver has been granted by theAgency pursuant to Subsection F of this section.The registration or permit application fee is nonrefundable.Registration or permit application fees shall be based on the fee schedule set forth in Chapter70, Article I, Land Use Fees, effective July 1, 2006.Boards, commissions, councils and departments of the Town of Weston are exempt from allfee requirements.The registrant or applicant may petition the Agency to waive, reduce or allow delayedpayment of the fee. Such petitions shall be in writing and shall state fully the facts andcircumstances the Agency should consider in its determination under this section. TheAgency may waive all or part of the application fee if the Agency determines that:The activity applied for would clearly result in a substantial public benefit to theenvironment or to the public health and safety and the registrant or applicant wouldreasonably be deterred from initiating the activity solely or primarily as a result of theamount of the registration or permit application fee; orThe amount of the registration or permit application fee is clearly excessive in relation tothe cost to the city/town for reviewing and processing the application.Extra assessments.In the event that additional expenses, including but not limited to outside consultants,experts, or legal advisors, are incurred in processing the registration or permitapplication, the applicant/registrant may be assessed an additional fee in accordancewith the support service fee in Chapter 70, Article I, Land Use Fees, effective July 5,

(2)H.A.B.A.B.C.A.2007, to cover said costs. Said fees are to be estimated by a qualified party or expert andsubmitted with the application fee and held until the application is completely processedafter which time any residual funds pertaining to this assessment are to be returned tothe applicant/registrant.For the purpose of this assessment, an "outside consultant" means a professional who isnot an employee of the Town of Weston, including but not limited to engineering,environmental, hydrogeology and hazardous materials management professionals.The Agency shall state upon its record the basis for all actions under this section.§207-19. Effective date of regulations.The APA Regulations, APA boundaries and amendments thereto shall become effective upon:The Commissioner's determination that such regulations are reasonably related to thepurpose of groundwater protection and not inconsistent with the Regulations of ConnecticutState Agencies §22a-354i-1 through §22a-354i-10; andFiling in the office of the Town Clerk.Chapter 212. Floodplain Management Regulations[HISTORY: Adopted by the Planning and Zoning Commission of the Town of Weston 6-7-2010,effective 6-18-2010; amended 2-7-2011, effective 2-17-2011. Subsequent amendments notedwhere applicable.]GENERAL REFERENCESEmergency and disaster planning—See Ch. 61.South Western Regional Planning Agency—See Ch. 167.Aquifer protection area regulations—See Ch. 207.Inland wetlands and watercourses regulations—See Ch. 225.Zoning regulations—See Ch. 240.Article I. General Provisions§212-1. Authority and purpose.The Weston Planning and Zoning Commission of the Town of Weston, Connecticut, herebyadopts these Floodplain Regulations in accordance with the purposes, authority, andrequirements of Title 7, Chapter 98, §7-148(c)(7)(A), and Title 8, Chapter 124, §8-2, of theGeneral Statues of the State of Connecticut, as amended.These regulations are designed to promote the public health, safety and welfare byminimizing public and private losses due to flood conditions in areas of Weston known asspecial flood hazard areas. Building in special flood hazard areas will be controlled to gaingreater protection from flooding, limit damage to private property, and ensure continuedeligibility of owners of property in Weston for participation in the National Flood InsuranceProgram.The Weston Planning and Zoning Commission (the local administrator) shall administerWeston's Floodplain Management Regulations.§212-2. Delineation of flood zone.The Flood Zone includes all special flood hazard areas identified by the Federal EmergencyManagement Agency (FEMA) in its Flood Insurance Study (FIS) for Fairfield County,Connecticut, dated June 18, 2010, and accompanying Flood Insurance Rate Maps (FIRM),dated June 18, 2010, and other supporting data applicable to the Town of Weston, and anysubsequent revisions thereto, which are adopted by reference and declared to be part of this

B.regulation. Since mapping is legally adopted by reference into this regulation it must takeprecedence when more restrictive until such time as a map amendment or map revision isobtained from FEMA. The special flood hazard areas include any area shown on the FIRM asZones A (unnumbered) and AE, including areas designated as a floodway on a FIRM. Specialflood hazard areas are determined utilizing the base flood elevations (BFE) provided on theflood profiles in the FIS for a community. BFEs provided on a FIRM are only approximate(rounded up or down) and should be verified with the BFEs published in the FIS for a specificlocation. The FIRM and FIS are on file with the Town of Weston.In those areas where base flood elevations and floodway data have been clearly establishedby the federal study, the local administrator shall obtain, review and reasonably utilize anydata available from a federal, state or other source as the basis for applying the standardscontained in Article III. When utilizing data other than that provided by the Federal EmergencyManagement Agency, the area chosen for the regulatory floodway must be designed to carrythe waters of the base flood without increasing the water surface elevation of that flood morethan one foot at anyone point§212-3. Definitions.As used in this chapter, the following terms shall have the meanings indicated:BASE FLOODThe flood (one-hundred-year storm) which has a one-percent or greater chance of occurringin any given year.BASE FLOOD ELEVATION (BFE)The elevation of the crest of the base flood (one-hundred-year flood); the height in relation tomean sea level (NAVD of 1988) expected to be reached by the waters of the base flood atpertinent points in the floodplains of coastal and riverine areas.BASEMENTThat portion of a building having its floor subgrade (below ground level) on all sides.BUILDINGSee definition for "structure."COSTAs related to substantial improvements, the cost of any reconstruction, rehabilitation, addition,alteration, repair or other improvement of a structure shall be established by a detailed writtencontractor's estimate. The estimate shall include, but not be limited to, the cost of materials(interior finishing elements, structural elements, utility and service equipment); sales tax onmaterials, building equipment and fixtures, including heating and air conditioning and utilitymeters; labor; built-in appliances; demolition and site preparation; repairs made to damagedparts of the building worked on at the same time; contractor's overhead; contractor's profit;and grand total. Items to be excluded include cost of plans and specifications, survey costs,permit fees, outside improvements such as septic systems, water supply wells, landscaping,sidewalks, fences, yard lights, irrigation systems and detached structures such as garages,sheds and gazebos.EXISTING MANUFACTURED HOME PARK OR SUBDIVISIONA manufactured home park or subdivision for which the construction of facilities for servicingthe lots on which the construction of facilities for servicing the lots on which the manufacturedhomes are to be affixed (including, as a minimum, the installation of utilities, the constructionof streets, and either final site grading or the pouring of concrete pads) is completed beforethe effective date, December 4, 1978, of the Floodplain Management Ordinance adopted bythe community.EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISIONThe preparation of additional sites by the construction of facilities for servicing the lots onwhich the manufactured homes are to be affixed (including the installation of utilities, theconstruction of streets and either final site grading or the pouring of concrete pads).DEVELOPMENTAny man-made change to improved or unimproved real estate including but not limited to theconstruction of buildings or structures; the construction of additions, alterations or substantialimprovements to buildings or structures; mining, dredging, filling, grading, paving, excavatingor drilling operations or storage of equipment; the storage, deposition or extraction of

A.B.C.(1)(2)D.materials; and the installation, repair or removal of public sewage disposal systems or watersupply facilities located in special flood hazard areas.FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA)The federal agency that administers the National Flood Insurance Program (NFIP).FINISHED LIVING SPACEAs related to fully enclosed areas below the base flood elevation (BFE), a space that is, butnot limited to, heated and/or cooled, contains finished floors (tile, linoleum, hardwood, etc.)has sheetrock walls that may or may not be painted or wallpapered and other amenities suchas furniture, appliances, bathrooms, fireplaces and other items that are easily damaged byfloodwaters and expensive to clean, repair or replace.FLOOD or FLOODINGA general and temporary condition of partial or complete inundation of normal dry land areasfrom the overflow of inland waters and/or the unusual and rapid accumulation of runoff ofsurface waters or mudflow from any source.FLOOD INSURANCE RATE MAPS (FIRM)The official map of a community on which the Federal Emergency Management Agency(FEMA) has delineated both the special flood hazard areas (one-hundred-year floodplain) andthe insurance risk premium zones applicable to a community.FLOOD INSURANCE STUDY (FIS)The official study of a community in which the Federal Emergency Management Agency(FEMA) has conducted an examination, evaluation and determination of flood hazards and, ifappropriate, corresponding water surface elevations.FLOODPLAIN, ONE-HUNDRED-YEARAll land area, including structures thereon, which is subject to one-percent chance of floodingin any given year.FLOODWAYThe channel of a river or other watercourse and the adjacent land areas that must bereserved in order to discharge the base flood without cumulatively increasing the watersurface elevation more than one foot.FLOODWAY FRINGEThe area in the special flood hazard area that does not include the floodway.FUNCTIONALLY DEPENDENT USE OR FACILITYA use or facility that cannot perform its intended purpose unless it is located or carried out inclose proximity to water. The term includes only docking facilities, port facilities that arenecessary for the loading and unloading of cargo or passengers, and ship building and shiprepair facilities. The term does not include seafood processing facilities, long-term storage,manufacturing, sales or service facilities.HISTORIC STRUCTUREAny structure that is:Listed individually in the National Register of Historic Places (a listing maintained by theDepartment of the Interior) or preliminarily determined by the Secretary of the Interior asmeeting the requirements for individual listing on the National Register;Certified or preliminarily determined by the Secretary of the Interior as contributing to thehistoric significance of a registered historic district or a district preliminarily determined bythe Secretary to qualify as a registered historic district;Individually listed on a state inventory of historic places in states with historicpreservation programs which have been approved by the Secretary of the Interior; orIndividually listed on a local inventory of historic places in communities with historicpreservation programs that have been certified either:By an approved state program as determined by the Secretary of the Interior; orDirectly by the Secretary of the Interior in states without approved programs.LOCAL ADMINISTRATORThe Weston Planning and Zoning Commission is the local administrator of Weston'sFloodplain Management Regulations.

LOWEST FLOORThe floor of the lowest enclosed area including the basement. An unfinished enclosure orenclosure resistant to flood damage, usable solely for parking of vehicles, building access orstorage, in an area other than a basement area is not considered a building's lowest floor.Such areas, however, must be designed in accordance with §212-12D of these regulations.MANUFACTURED HOMEA structure, transportable in one or more sections, which is built on a permanent chassis anddesigned to be used with or without a permanent foundation when connected to the requiredutilities, including recreational vehicles and similar transportable structures placed on a sitefor 180 consecutive days or longer.MANUFACTURED HOME PARK OR SUBDIVISIONA parcel or contiguous parcels of land divided into two or more manufactured home lots forrent or sale.MARKET VALUEThe market value of the structure determined by the property's tax assessment, minus landvalue, prior to the start of the initial repair or improvement, or in the case of damage, the valueof the structure prior to the damage occurring.NEW MANUFACTURED HOME PARK OR SUBDIVISIONA manufactured home park or subdivision for which the construction of facilities for servicingthe lots on which manufactured homes are to be affixed (including, at a minimum, theinstallation of utilities, the construction of streets and either final site grading or the pouring ofconcrete pads) is completed on or after the effective date, December 4, 1978, of theFloodplain Management Regulations adopted by the community.MEAN SEA LEVELFor purposes of the National Flood Insurance Program, the North American Vertical Datum(NAVD) of 1988 or other datum, to which base flood elevations shown on Weston's FloodInsurance Rate Map (FIRM) are referenced.NEW CONSTRUCTIONStructures for which the start of construction commenced on or after December 4, 1978, theeffective date of the Floodplain Management Regulations, and includes any subsequentimprovements to such structures.PROFILEDrawing showing vertical sections of the flood hazard zone, including base flood elevationsmeasured from mean sea level.RECREATIONAL VEHICLEA vehicle which is a) built on a single chassis; b) 400 square feet or less when measured atthe largest horizontal projection; c) designed to be self-propelled or permanently towable by alight-duty truck; and d) designed primarily not for use as a permanent dwelling but as atemporary living quarters for recreational, camping, travel or seasonal use.SPECIAL FLOOD HAZARD AREA (a/k/a SPECIAL FLOOD HAZARD ZONE)The land in the floodplain within a community subject to a one-percent or greater chance offlooding in any given year. Areas of special flood hazard area determined utilizing the baseflood elevations (BFE) provided on the flood profiles in the Flood Insurance Study (FIS) for acommunity. BFEs provided on Flood Insurance Rate Maps (FIRM) are only approximate(rounded up or down) and should be verified with the BFEs published in the FIS for a specificlocation. Areas of special flood hazard include, but are not necessarily limited to, the landshown as Zones A and AE on a FIRM.START OF CONSTRUCTIONIncludes substantial improvement and means the date the building permit was issued,provided that the actual start of construction, repair, reconstruction, or improvement waswithin six months of the permit date. The actual start means the first placement of permanentconstruction of a structure (including a manufactured home) on a site, such as the pouring ofslabs or footings, installation of piles, construction of columns or any work beyond the state ofexcavation or placement of a manufactured home on a foundation. Permanent constructiondoes not include land preparation, such as clearing, grading and filling; nor does it include theinstallation of streets and/or walkways; nor does it include excavation for a basement, footing,piers or foundations or the erection of temporary forms; nor does it include the installation onthe property of accessory buildings, such as garages or sheds not occupied as dwelling unitsor not part of the main structure. For substantial improvement, the actual start of construction

A.B.means the first alteration of any wall, ceiling, floor or other structural part of a building,whether or not that alteration affects the external dimensions of the building.STRUCTUREA walled and roofed building, including gas or liquid storage tank that is principally aboveground, as well as a manufactured home.SUBSTANTIAL IMPROVEMENTAny combination of repairs, reconstruction, rehabilitation, alterations, additions or otherimprovement of a structure (taking place within a ten-year period), the cumulative cost ofwhich equals or exceeds 50% of the market value of the structure before start of constructionof the improvement. This term includes structures which have incurred substantial damage,regardless of the actual repair work performed. For purposes of this definition, substantialimprovement is considered to occur when the first alteration of any wall, ceiling, floor or otherstructural part of the building commences, whether or not that alteration affects the externaldimensions of the structure. The term does not, however, include either:Any project for improvement of a structure to correct existing violations of state or localhealth, sanitary, or safety code specifications which have been identified by the localCode Enforcement Official and which are the minimum necessary to assure safe livingconditions; orAny alteration of a historic structure, provided that the alteration will not preclude thestructure's continued designation as a historic structure.SUBSTANTIAL DAMAGEDamage of any origin sustained by a structure whereby the cost of restoring the structure toits before-damaged condition would equal or exceed 50% of the market value of the structurebefore the damage occurred.VARIANCEA grant of relief by a community from the terms of the floodplain management regulation thatallows construction in a manner otherwise prohibited and where specific enforcement wouldresult in unnecessary hardship.VIOLATIONFailure of a structure or other development to be fully compliant with the community'sfloodplain management regulations. A structure or other development without requiredpermits, lowest floor elevation documentation, floodproofing certificates or required floodwayencroachment calculations is presumed to be in violation until such time that documentation isprovided.WATER SURFACE ELEVATIONThe height, in relation to the North American Vertical Datum (NAVD) of 1988, (or other datum,where specified) or floods of various magnitudes and frequencies in the floodplains of coastalor riverine areas.Article II. Permit Procedure§212-4. Preliminary discussion.To provide helpful guidelines to applicants, informal discussion of flood zone development plansbetween the applicant and the Town Engineer and Land Use Director is encouraged.§212-5. Permit required.A flood zone development permit shall be obtained from the local administrator before any sitepreparation or development begins within any special flood hazard area. A flood zonedevelopment permit application shall be approved prior to the issuance of a driveway, building, fillor zoning permit. Application forms are available at the office of the Weston Planning and ZoningCommission.§212-6. Fee.

A.B.C.D.E.F.An application fee based on the fee schedule set forth in Chapter 70, Fees, Article I, Land UseFees, effective July 1, 2006, as amended shall be collected with each application for a flood zonedevelopment permit.§212-7. Application.A flood zone development permit application shall be completed, and shall include:Application form and fee. A completed application on the form approved by the localadministrator and payment of the applicable fee shall be provided.Project description. A short, clear and complete written description of the proposed activityshall be provided.Map. An A-2 property survey showing the boundaries or location of the floodway, thefloodway fringe, the one-hundred-year floodplain, any proposed development, and anyexisting building, structures, drainage facilities, wells and septic systems shall be provided.The map shall be certified as correct by a registered professional engineer, an architect or aland surveyor licensed by the State of Connecticut.Profile. The applicant shall provide a profile of the site showing floodplain and floodwayelevations as related to mean sea level. The elevation of the lowest floor of all structures, theproperty access and any fill to be placed on the property in relation to mean sea level shall beshown. The profile shall be certified as correct by a registered professional engineer.Construction drawings and details. Construction plans, such as floor plans and elevations, ofall proposed or modified structures or facilities shall be provided. The plans shall be certifiedas correct by a registered professional engineer or licensed architect.Watercourse alteration detail. The applicant shall provide the details of any proposedalteration of a watercourse in the special flood hazard area, and measures to be taken toensure that the previous flood-carrying capacity of the watercourse will be maintained.§212-8. Certifications.A registered professional engineer or architect shall certify that the design and methods ofconstruction are in accordance with accepted standards of practice for meeting the provisions ofthese regulations. Such certification shall be required by the local administrator.§212-9. Further information.The local administrator may require the applicant to provide further maps, drawings, surveys andsimilar information to ensure compliance with these regulations.Article III. Development Regulations§212-10. Applicability.The following regulations apply within Zone AE and unnumbered Zone A.§212-11. Construction in special flood hazard areas.New construction or substantial improvement of any residential or nonresidential structure shallhave the lowest floor elevated one foot or more above the base flood elevation.§212-12. Building standards.

A.B.C.(1)(2)(3)D.A.B.C.Within Zones AE and in unnumbered A Zones, the following standards must be met prior toissuing permits for any proposed construction or development:Anchoring. All new construction and substantial improvements shall be anchored to preventflotation, collapse or lateral movement of the structure resulting from hydrodynamic andhydrostatic loads, including the effects of buoyancy.Construction materials and methods. All new construction or substantial improvements shallbe constructed with materials and utility equipment resistant to flood damage and shall usemethods and practices that minimize flooding and flood damage.Utilities. All new and replacement water supply systems shall be designed to minimize oreliminate infiltration of floodwater into the systems. New and replacement sanitary sewagesystems shall be designed to minimize or eliminate infiltration of floodwaters into the systemsand discharge from the systems into floodwaters. On-site waste disposal systems shall belocated to avoid impairment to them or contamination from them during flooding. Electrical,heating, ventilation, plumbing, air conditioning equipment, HVAC ductwork and other servicefacilities, or any machinery or utility equipment or connections servicing a structure shall beelevated to or above the base flood elevation (BFE) to prevent water from entering oraccumulating within the components during conditions of flooding.Areas below the lowest floor. For all new construction and substantial improvements, fullyenclosed areas below the lowest floor are usable solely for the parking of vehicles, buildingaccess or storage other than basements and shall be designed to allow automatic entry andexit of floodwaters to equalize hydrostatic flood forces on exterior walls. Electrical, plumbing,HVAC ductwork, machinery and other utility equipment or connections are prohibited belowthe base flood elevation. Designs for meeting this requirement must either be certified by aprofessional engineer or architect or must meet or exceed the following minimum criteria:Provide a minimum of two openings having a total net area of not less than one squareinch for every square foot of enclosed area subject to flooding;The bottom of all openings shall be no higher than one foot above grade; andOpenings may be equipped with screens, louvers, valves or other coverings or devices.provided that they permit the automatic entry and exit of floodwaters.§212-13. Floodway standards, equal conveyance andcompensatory storage.In A Zones where base flood elevations have been determined, but before a floodway isdesignated, no new construction, substantial improvements or other development (includingfill) will be permitted which would increase base flood elevations more than one foot at anypoint along the watercourse when all anticipated development is considered cumulatively withthe proposed development.Within the floodway, as designated on the Floor Insurance Rate Map, all encroachments,including fill, new construction, substantial improvements to existing structures and otherdevelopment, are prohibited unless the applicant provides a certification with supportingtechnical data by a registered professional engineer that demonstrates through hydrologicand hydraulic analyses performed in accordance with standard engineering practice thatencroachments shall not result in any (0.00) increase in flood levels or hazards during theoccurrence of the one-hundred-year flood.Equal conveyance. Within the floodplain, except those areas which are tidally influenced, asdesignated on the Flood Insurance Rate Map (FIRM) for the community, encroachmentsresulting from filling, new construction or substantial improvements involving an increase infootprint of the structure are prohibited unless the applicant provides a certification by aregistered professional engineer demonstrating, with supporting hydrologic and hydraulicanalyses performed in accordance with standard engineering practice, that suchencroachments shall not result in any (0.00 feet) increase in flood levels (base floodelevation). Work within the floodplain and the land adjacent to the floodplain, including work toprovide compensatory storage shall not be constructed in such a way as to cause an increasein flood stage or flood velocity.

D.A.B.C.Compensatory storage. The water-holding capacity of the floodplain, except those areaswhich are tidally influenced, shall not be reduced. Any reduction caused by filling, newconstruction or substantial improvements involving an increase in footprint to the structureshall be compensated for by deepening and/or widening of the floodplain. Storage shall beprovided on site, unless easements have been gained from adjacent property owners; it shallbe provided within the same hydraulic reach and a volume not previously used for floodstorage; it shall be hydraulically comparable and incrementally equal to the theoretical volumeat each elevation, up to and including the one-hundred-year flood elevation, which would bedisplaced by the proposed project. Such compensatory volume shall have an unrestrainedhydraulic connection to the same waterway or water body. Compensatory storage can beprovided off site if approved by the municipality.§212-14. Portion of structure in flood zone.If any portion of a structure lies within the Special Flood Hazard Area (SFHA), the structure isconsidered to be in the SFHA. The entire structure must meet the construction requirements of theflood zone. The structure includes any attached additions, garages, decks, sunrooms or any otherstructure attached to the main structure. Decks or porches that extend into a more restrictive floodzone will require the entire structure to meet the standards of the more restrictive zone.§212-15. Structures in two flood zones.If a structure lies within two or more flood zones, the construction standards of the most restrictivezone apply to the entire structure (i.e., V Zone is more restrictive than A Zone; structure must bebuilt to highest BFE). The structure includes any attached additions, garages, decks, sunrooms orany other structure attached to the main structure. (Decks or porches that extend into a morerestrictive zone will require the entire structure to meet the requirements of the more restrictivezone.)§212-16. No structures entirely or partially over water.New construction, substantial improvements and repair to structures that have substantial damagecannot be constructed or located entirely or partially over water unless it is a functionallydependent use or facility.§212-17. Reconstruction.Structures which do not meet the requirements of this Article III, may not be rebuilt in kind, butmust be made to conform to all the requirements of this regulation.§212-18. Fill placement standards in special flood hazard area.The following standards apply to all fill activities in the special flood hazard area:Fill material, upon which structures will be constructed or placed, must be compacted tomaximum dry density obtainable with the Standard Proctor Test method according to theASTM Standard D-698 or an acceptable equivalent method. Fill soils must be fine-grainedsoils of low permeability, such as those classified as CH, CL, SC, or ML according to ASTMStandard D-2487, Classification of Soils for Engineering Purposes.Fill slopes shall not be steeper than one foot vertical to two feet horizontal.Adequate protection against erosion and scour is provided for fill slopes. When expectedvelocities during the occurrence of the base flood of five feet per second armoring with stoneor rock protection shall be provided. When expected velocities during the base flood are fivefeet per second or less, protection shall be provided by covering them with vegetative cover.

D. Fill shall be composed of clean granular or earthen material. Fill material must behomogeneous and isotropic. The soil must be all of one material, and the engineeringproperties must be the same in all directions.§212-19. Alteration of watercourse.The applicant shall demonstrate that the flood-carrying capacity of the modified watercourse shallnot be diminished. The applicant shall notify and gain appropriate approval from the WestonConservation Commission, adjacent communities, the Connecticut Department of Energy andEnvironmental Protection, Inland Water Resources Division, the Army Corps of Engineers and theFederal Emergency Management Agency (FEMA) prior to approval of any alteration or relocationof any such watercourse by the local administrator.§212-20. Hazardous materials.Toxic chemicals and hazardous materials, as defined in any federal or State of Connecticutstatute, rules or regulations which are administered by the Environmental Protection Agency orDepartment of Energy and Environmental Protection shall not be stored in a special flood hazardarea below the base flood elevation.§212-21. Aboveground storage tanks.Aboveground storage tanks (oil, propane, etc.) which are located outside or inside the structuremust either be elevated above the base flood elevation (BFE) on a concrete pad, or be structurallyanchored with tie-down straps to prevent flotation or lateral movement, have the top of the fill pipeextended above the BFE and have a screw fill cap that does not allow for the infiltration of fillwater.§212-22. Manufactured homes and recreational vehicles.Manufactured homes (as defined in §212-3) are prohibited from being placed in a special floodhazard area throughout the Town of Weston. This includes manufactured homes located outside amanufactured home park or subdivision, in a new manufactured home park or subdivision, in anexisting manufactured home park or subdivision, in an expansion to an existing manufacturedhome park or subdivision, or on a site in an existing park in which a manufactured home hasincurred substantial damage as a result of a flood. Recreational vehicles in special flood hazardareas shall be on the site for less than 180 consecutive days and be fully licensed and ready forhighway use. A recreational vehicle is ready for highway use if it is on its wheels or jackingsystem, is attached to the site only by quick-disconnect-type utilities and security devices and hasno permanently attached additions.Article IV. Administration§212-23. Authority and responsibility.The local administrator, or its agent, is authorized to review and approve permit applications toensure that sites are reasonably protected from flooding and to require that all other required stateor federal permits are obtained and that copies of such permits be provided and maintained on filewith the flood zone development permit. The local administrator may delegate its authority toreview and approve permit applications to its agent pursuant to such terms and conditions that thelocal administrator may promulgate from time to time.§212-24. Files.

(1)(2)(3)A.B.C.The local administrator shall obtain and maintain on file all data provided with permit applicationsand as-built lowest floor elevations for all new construction or substantially improved structures inthe special flood hazard area. These files shall be available for public inspection and shall includebase flood and elevations data required by these regulations.§212-25. Appeals and variances.Appeals from decisions of the local administrator, or its agent, and requests for variancesfrom the Floodplain Management Regulations shall be heard and decided by the ZoningBoard of Appeals of the Town of Weston. In reviewing variance applications or appeals, theZoning Board of Appeals shall examine the hardships based upon the following criteria:A showing of good and sufficient cause;A determination that failure to grant the variance would result in exceptional hardship;andA determination that the granting of a variance will not result in increased flood heights,additional threats to the public safety, extraordinary public expense or create nuisances.Any applicant to whom a variance is granted shall be given written notice specifying thedifference between the base flood elevation and the elevation to which the structure is to bebuilt and stating that the cost of flood insurance will be commensurate with the increased riskresulting from the reduced lowest floor elevation.The local administrator shall maintain the records of all appeal actions and report anyvariances to the Federal Emergency Management Agency (FEMA) in its biennial report.§212-26. Field inspections.The local administrator shall make provisions for field inspections in cases where it is necessary todecide a conflict between flood maps and conditions in the field. Such decisions may be madewithout a public hearing.§212-27. Amendments.These regulations may be amended, changed or repealed in accordance with Chapters 124 and126 of the Connecticut General Statutes.§212-28. Adjacent municipalities.Where development in a special flood hazard area may have an impact on an adjacentmunicipality, the local administrator shall notify the adjacent municipality and request commentson the flood zone development permit application.§212-29. Warning and disclaimer of liability.The degree of flood protection required by this regulation is considered the minimum reasonablefor regulatory purposes and is based on scientific and engineering consideration and research.Larger floods can and will occur on rare occasions. Flood heights may be increased by man-madeor natural causes. This regulation does not imply or guarantee that land outside the special floodhazard area or uses permitted in such areas will be free from flooding and flood damages. Thisregulation shall not create liability on the part of Town of Weston or by any officer or employeethereof for any flood damages that result from reliance on this regulation or any administrativedecision lawfully made thereunder. The Town of Weston, its officers and employees shall assumeno liability for another person's reliance on any maps, data or information provided by the Town ofWeston.

A.B.C.(1)A.§212-30. Severability.If any section, subsection, paragraph, sentence, clause or phrase of this regulation should bedeclared invalid for any reason whatsoever, such decision shall not affect the remaining portionsof this regulation, which shall remain in full force and effect, and to this end the provisions of thisregulation are hereby declared to be severable.§212-31. Abrogation and greater restrictions.This regulation is not intended to repeal, abrogate or impair any existing easements, covenants ordeed restrictions. However, where this regulation and another ordinance, regulation, easement,covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictionsshall prevail.§212-32. Interpretation.In the interpretation and application of this regulation, all provisions shall be:Considered as minimum requirements;Liberally construed in favor of the governing body; andDeemed neither to limit nor repeal any other powers granted under state statutes.§212-33. Enforcement.Enforcement of these floodplain regulations, including penalties for violation, is subject toregulation through the Town of Weston's Zoning Regulations, Article X, of Chapter 240.Chapter 215. Inland Wetlands and Watercourses Regulations[HISTORY: Adopted by the Conservation Commission of the Town of Weston effective 3-16-2011.Amendments noted where applicable.]GENERAL REFERENCESConservation Commission—See Charter §§8.2 and 8.6(b).Citations—See Ch. 39.South Western Regional Planning Agency—See Ch. 167.Aquifer protection area regulations—See Ch. 207.Floodplain management regulations—See Ch. 212.Subdivision regulations—See Ch. 230.Zoningregulations —See Ch. 240.ATTACHMENTS215a App A Std Conditions215b App B Art 8 of the Town Charter215c App C Ord Reg Land Use Fees215d App D Min Impact Admin Policy215e App E Forms and Procedures§215-1. General provisions.Findings and purpose.The wetlands and watercourses of the Town of Weston are indispensable, irreplaceableand fragile natural resources with which the citizens have been endowed. The wetlandsand watercourses are an interrelated web of nature essential to an adequate supply of

(2)B.C.D.E.surface and underground water, to hydrological stability and control of flooding anderosion, to the recharging and purification of groundwater, and to the existence of manyforms of animal, aquatic and plant life. Many wetlands and watercourses have beendestroyed or are in danger of destruction because of unregulated use by reason of thedeposition, filling or removal of material, the diversion or obstruction of water flow, theerection of structures and other uses, all of which have despoiled, polluted andeliminated wetlands and watercourses. Such unregulated activity has had, and willcontinue to have, a significant, adverse impact on the environment and ecology ofWeston and has and will continue to imperil the quality of the environment, thusadversely affecting the ecological, scenic, historic and recreational values and benefitsfor the citizens of Weston now and forever more. The preservation and protection of thewetlands and watercourses from random, unnecessary, undesirable and unregulateduses, disturbance or destruction is in the public interest and is essential to the health,welfare and safety of the citizens of Weston.It is, therefore, the purpose of these regulations to protect the citizens of Weston bymaking provisions for the protection, preservation, and maintenance and use of thewetlands and watercourses by minimizing their disturbance and pollution; maintainingand improving water quality in accordance with the highest standards set by federal,state, or other local authority; preventing damage from erosion, turbidity or siltation;preventing loss of fish and other aquatic organisms, wildlife and vegetation and thedestruction of the natural habitats thereof; deterring and inhibiting the danger of flood andpollution; protecting the quality of wetlands and watercourses for their conservation,economic, aesthetic, recreational and other public and private uses and values; andprotecting potable freshwater supplies from the dangers of drought, overdraft, pollution,misuse and mismanagement by providing an orderly process to balance the need for theeconomic growth of Weston and the use of its land with the need to protect itsenvironment and ecology in order to forever guarantee to the people of Weston thesafety of such natural resources for their benefit and enjoyment and for the benefit andenjoyment of generations yet unborn.These regulations shall be known as the "Inland Wetlands and Watercourses Regulations ofthe Town of Weston."The Conservation Commission of Weston (the Commission) was established in accordancewith an ordinance adopted February 15, 1973, and shall implement the purposes andprovisions of the Inland Wetland and Watercourses Regulations of the Town of Weston.These regulations have been adopted and may be amended, from time to time, inaccordance with the provisions of the Inland Wetlands and Watercourses Act and theseregulations.The Commission shall enforce all provisions of the Inland Wetlands and WatercourseRegulations and shall grant, grant with terms, conditions, limitations or modifications, anddeny permits for all regulated activities on inland wetlands and watercourses in the Town ofWeston pursuant to §§22a-36 to 22a-45, inclusive, of the Connecticut General Statutes, asamended.§215-2. Definitions.As used in this chapter, the following terms shall have the meanings indicated:ACTThe Inland Wetlands and Watercourses Act, §§ 22a-36 through 22a-45 of the ConnecticutGeneral Statutes, as amended.AGENTWith respect to the Commission means a Town employee working for the Commission. "Dulyauthorized agent" means an individual designated by the Commission to carry out itsfunctions and purposes, and with respect to the applicant means any person authorized inwriting to act in the applicant's behalf.AQUIFERA water-bearing stratum of permeable rock, sand, or gravel.BOGS

Waterways distinguished by evergreen trees and shrubs underlain by peat deposits, poordrainage, and highly acidic conditions.BUFFERAn undisturbed natural area or a planted area adjacent to the edge of a wetland and/or awatercourse.CLEAR-CUTTINGThe cutting or the harvest of timber in a fashion which removes all trees down to a two-inchdiameter at breast height.COMMISSIONThe Conservation Commission of the Town of Weston.COMMISSIONER OF ENERGY AND ENVIRONMENTAL PROTECTIONThe Commissioner of the State of Connecticut Department of Energy and EnvironmentalProtection.COMMISSION MEMBERA member, or the designated alternate, of the Conservation Commission of the Town ofWeston.CONTINUAL FLOWA flow of water which persists for an extended period of time; this flow may be interruptedduring periods of drought or during the low-flow period of the annual hydrological cycle, Junethrough September, but it recurs in prolonged succession.DEPOSITIncludes, but shall not be limited to, fill, grade, dump, place, discharge or emit.DISCHARGEEmission of any water, substance, or material into waters of the state, wetlands orwatercourses, whether or not such substance causes pollution.DISTURBING THE NATURAL AND INDIGENOUS CHARACTER OF THE LANDThe activity may significantly alter the inland wetlands and watercourses by reason of removalor deposition of material, clear-cutting, or alteration or obstruction of water flow or may resultin the pollution of the wetland or watercourse.ESSENTIAL TO THE FARMING OPERATIONThe activity proposed is necessary and indispensable to sustain farming activities on thefarm.FARMINGShall be consistent with the definition as noted in § 1-1(q) of the Connecticut GeneralStatutes, as amended.FEASIBLEAble to be constructed or implemented consistent with sound engineering principles.GARDENINGThe tilling of the soil, planting, cultivating and harvesting of vegetables, fruits and/or flowers.LICENSEThe whole or any part of any permit, certificate of approval or similar form of permission whichmay be required of any person by the provisions of these regulations under the authority ofthe Commission.LIMITS OF DISTURBANCEThe line designating the separation between the nondisturbance area that may be required bythe Commission and areas of disturbance.MANAGEMENT PRACTICEA practice, procedure, activity, structure or facility designed to prevent or minimize pollution orenvironmental damage or to maintain or enhance existing environmental quality. Suchmanagement practices include but are not limited to erosion and sedimentation controls;restrictions on land use or development; construction setbacks from wetlands orwatercourses; proper disposal of waste materials; procedures for equipment maintenance toprevent fuel spillage; construction methods to prevent flooding or disturbance of wetlands and

watercourses; design and construction of drainage systems to prevent post-constructiondisturbances or changes to wetlands or watercourses; and procedures for maintainingcontinuous stream flows confining construction that must take place in watercourses at timeswhen water flows are low and fish and wildlife will not be adversely affected.MARSHESAreas with soils that exhibit aquic moisture regimes that are distinguished by the absence oftrees and shrubs and are dominated by soft-stemmed herbaceous plants. The water table inmarshes is at or above the surface throughout the year, but seasonal fluctuations areencountered and areas of open water six inches or more in depth are common.MATERIALAny substance, solid or liquid, organic or inorganic, including but not limited to soil, sediment,aggregate, land, gravel, clay, bog, mud, debris, sand, refuse or waste.MINIMAL IMPACTA regulated activity that occurs within the regulated area, but not in a wetland or watercourse,and has no more than minimal impact on any wetland or watercourse as determined by theagent's objective review based on scientific and technical facts.MUNICIPALITYThe Town of Weston, Fairfield County, Connecticut.NONDISTURBANCE AREAThe portion of a property to be left in its existing natural state where no clearing, grubbing,tilling, filling, cultivation, excavation, construction, or other activities that change existingnatural conditions take place.NURSERIESPlaces where plants are grown for sale, transplanting, or experimentation.PERMITSee "license."PERMITTEEThe person to whom a license has been granted.PERSONAny person, firm, partnership, association, corporation, limited liability company, company,organization or legal entity of any kind, including municipal corporations, governmentalagencies or subdivisions thereof.POLLUTIONHarmful thermal effect or the contamination or rendering unclean or impure of any waters ofWeston by reason of any waste or other materials discharged or deposited therein by anypublic or private sewer or otherwise so as directly or indirectly to come in contact with anywaters. This includes, but is not limited to, erosion and sedimentation resulting from anyfilling, land clearing or excavation activity.PRUDENTEconomically and otherwise reasonable in light of benefits to be derived from the proposedregulated activity to the landowner, provided that cost may be considered in deciding what isprudent and further provided that a mere showing of expense will not necessarily mean analternative is imprudent.REGULATED ACTIVITYAny operation within, or use of, a wetland or watercourse involving removal or deposition ofmaterial or any obstruction, construction, alteration or pollution of such wetlands orwatercourses, but shall not include the specified activities in § 215-4 of these regulations.Furthermore, any clearing, grubbing, filling, grading, paving, excavating, constructing,depositing or removing of material and discharging of stormwater on the land within 100 feet(measured horizontally from the boundary) of any wetland or watercourse and any otheractivity located within such upland review area or in any other nonwetland or nonwatercoursearea that is likely to impact or affect wetlands or watercourses is a regulated activity.REGULATED AREAAny wetland or watercourse and upland review area as defined in these regulations.REMOVE

A.B.C.D.E.F.G.H.Includes, but shall not be limited to, drain, excavate, mine, dig, dredge, suck, grub, stump,bulldoze, dragline or blast.RENDERING UNCLEAN OR IMPUREAny alteration of the physical, chemical or biological properties of any waters of Weston,including but not limited to change in odor, color, turbidity or taste.SIGNIFICANT ACTIVITYAny activity, including but not limited to the following activities, which may have a major effector impact on the area for which an application has been filed or on another part of the inlandwetland or watercourse system:Any activity involving deposition or removal of material which will or may have asubstantial effect on the regulated area or on another part of the wetland or watercoursesystem or on wetlands or watercourses outside the area for which activity is proposed.Any activity which substantially changes the natural channel or may inhibit the naturaldynamics of a watercourse system.Any activity which diminishes the natural capacity of a wetland or watercourse to supportaquatic plant or animal life and habitats, desirable fisheries, wildlife, or other biologicallife, prevent flooding, supply water, assimilate waste, facilitate drainage, providerecreation or open space, or other functions.Any activity which is likely to cause or which has the potential to cause turbidity, siltationor sedimentation in a wetland or watercourse.Any activity which causes a substantial diminution of flow of a natural watercourse orgroundwater levels of the wetland or watercourse.Any activity which causes or has the potential to cause pollution of a wetland orwatercourse.Any activity that damages or destroys unique wetland or watercourse areas or suchareas having demonstrable scientific or educational value.Any activity which creates conditions which may adversely affect the health, welfare, andsafety of any individual or the community.SOIL SCIENTISTAn individual duly qualified in accordance with standards set by the federal Office ofPersonnel Management.SUBMERGED LANDSThose lands which are inundated by water on a seasonal or more frequent basis.SWAMPSWatercourses that are distinguished by the dominance of wetland trees and shrubs.TOWNThe Town of Weston, Fairfield County, in the State of Connecticut.UPLAND REVIEW AREAAn area within 100 feet of any wetlands or watercourse or a further distance if the proposedactivity is likely to impact or affect the regulated area.VERNAL POOLConsists of a confined basin depression which contains a small body of standing water,usually drying out for part of the year during warm weather. It can be natural or man-made,and lacks a permanent outlet stream or any fish population. Further, the occurrence of one ormore of the obligatory species which include the fairy shrimp, spotted salamander, jeffersonsalamander, marbled salamander, wood frog and eastern spadefoot toad is necessary toconclusively define the vernal pool.WASTESewage (natural or man-made) or any substance, liquid, gaseous, or solid, or any radioactivematerial which pollutes or tends to pollute any of the regulated areas.WATERCOURSESRivers, streams, brooks, waterways, lakes, ponds, marshes, swamps, bogs, and all otherbodies of water, natural or artificial, vernal or intermittent, public or private, which are

A.B.C.A.B.C.D.(1)A.contained within, flow through or border upon the Town or any portion thereof not regulatedpursuant to §§ 22a-28 through 22a-35, inclusive, of the Connecticut General Statutes, asamended. Intermittent watercourses shall be delineated by a defined permanent channel andbank and the occurrence of two or more of the following characteristics:Evidence of scour or deposits of recent alluvium or detritus;The presence of standing or flowing water for a duration longer than a particular stormincident; andThe presence of hydrophytic vegetation.WESTONThe Town of Weston, Connecticut.WETLANDSLand, including submerged land as defined in this section, not regulated pursuant to §§22a-28 through 22a-35, inclusive, of the Connecticut General Statutes, as amended, whichconsists of any of the soil types designated as poorly drained, very poorly drained, alluvialand floodplain by the National Cooperative Soil Survey, as it may be amended from time totime, by the Natural Resources Conservation Service of the United States Department ofAgriculture (USDA). Such areas may include filled, graded, or excavated sites which possessan aquic (saturated) soil moisture regime as defined by the USDA Cooperative Soil Survey.§215-3. Inventory of regulated areas.The map of regulated areas, titled "Designated Inland Wetlands and Watercourses Map of theTown of Weston," dated September 7, 1976, current revision, delineates the general locationand boundaries of inland wetlands and the general location of watercourses. Copies of thismap are available for inspection in the office of the Town Clerk or the Commission. This mapshall be considered to be a guide. In all cases, the precise location of regulated areas shall bedetermined by the actual character of the land, the distribution of wetland soil types, andlocation of watercourses. The Commission may use aerial photography, remote sensingimagery, resource mapping, soils maps, site inspection observations or other information indetermining the location of the boundaries of wetlands and watercourses.Any person or any property owner who disputes the designation of any part of his or her landor adjoining land which impacts on his or her property as a regulated area on the DesignatedInland Wetlands and Watercourses Map of the Town of Weston may petition the Commissionto change the Wetlands and Watercourses Map or may petition the Commission to changethe designation in accordance with § 215-15 of these regulations. All petitions for a mapchange shall be submitted in writing and shall bear the burden of proof regarding theproposed map change and include all relevant facts and circumstances which support thechange. The petitioner shall provide proof that the change is valid. Such proof may includebut is not limited to aerial photography, remote sensing imagery, resource mapping, or otheravailable information. The Commission may require such person to provide an accuratedelineation of regulated areas in accordance with §215-15 of these regulations.The Commission or its agent(s) shall inventory and maintain current records of all regulatedareas within the Town. The Commission may amend its map from time to time as informationbecomes available relative to more accurate delineation of wetlands and watercourses withinthe Town.All map amendments are subject to the public hearing process outlined in §215-15 of theseregulations.§215-4. Permitted uses as of right and nonregulated uses.The following operations and uses shall be permitted in inland wetlands and watercourses, asof right:Grazing, farming, nurseries, gardening and harvesting of crops and farm ponds of threeacres or less essential to the farming operation and activities conducted by, or under theauthority of, the Department of Energy and Environmental Protection for the purposes ofwetland or watercourse restoration or enhancement or mosquito control. The provisionsof this subsection shall not be construed to include road construction or the erection of

(2)(3)(4)(5)(6)(1)(2)B.C.D.buildings not directly related to the farming operation, relocation of watercourses forcontinual flow, filling or reclamation of wetlands or watercourses with continual flow,clear-cutting of timber except for the expansion of agricultural cropland, or the mining oftopsoil, peat, sand, gravel or similar material from wetlands or watercourses for thepurposes of sale;A residential home for which a building permit has been issued or on a subdivision lot,provided that the permit has been issued or the subdivision has been approved by thePlanning and Zoning Commission as of the effective date of promulgation of themunicipal regulations pursuant to Subsection (b) of §22a-42a of the Connecticut GeneralStatutes or as of July 1, 1974, whichever is earlier, and further provided that noresidential home shall be permitted as of right pursuant to this subsection unless thebuilding permit was obtained on or before July 1, 1987. The individual claiming a use of awetland permitted as of right under this subsection, or desiring to use a wetland not ofright, shall document the validity by providing a certified copy of the building permit and asite plan showing proposed and existing topographic contours, house and well locations,septic system, driveway, approval dates or other necessary information to document hisentitlement;Boat anchorage or mooring not to include dredging or dock construction;Uses incidental to the enjoyment or maintenance of residential property, such propertydefined as equal to or smaller than the largest minimum residential lot site permittedanywhere in the municipality and containing a residence. Such incidental uses shallinclude maintenance of existing structures and landscaping but shall not include removalor deposition of significant amounts of material from or into a wetland or watercourse ordiversion or alteration of a watercourse;Construction and operation by water companies, as defined by §16-1 of the ConnecticutGeneral Statutes, as amended, or by municipal water supply systems as provided for inChapter 102 of the Connecticut General Statutes, of dams, reservoirs and other facilitiesnecessary to the impounding, storage and withdrawal of water in connection with publicwater supplies, except as provided in §§ 22a-401 through 22a-410 of the ConnecticutGeneral Statutes, as amended; andMaintenance relating to any drainage pipe which existed before the effective date of anymunicipal regulations adopted pursuant to §22a-42a of the Connecticut General Statutesor July 1, 1974, whichever is earlier, provided that such pipe is on property which iszoned as residential but which does not contain hydrophytic vegetation. For purposes ofthis Subsection A(6), "maintenance" means the removal of accumulated leaves, soil, andother debris, whether by hand or machine, while the pipe remains in place.The following operations and/or uses shall be permitted as nonregulated uses in wetlands orwatercourses, provided that they do not disturb the natural and indigenous character of thewetland or watercourse by removal or deposition of material, alteration or obstruction of waterflow or pollution of the wetland or watercourse:Conservation of soil, vegetation, water, fish, shellfish, and wildlife.Outdoor recreation, including the use of play and sporting areas, golf courses, field trails,nature study, hiking, horseback riding, swimming, skin and scuba diving, camping,boating, water-skiing, trapping, hunting, fishing and shellfishing and cross-country skiingwhere otherwise legally permitted and regulated.All activities in wetlands or watercourses involving filling, excavating, dredging, clear-cutting,grading or any other alteration or use of a wetland or watercourse not specifically permitted bythis section and otherwise defined as a regulated activity by these regulations shall require apermit from the Commission in accordance with §215-7 of these regulations or, for certainregulated activities located outside of wetlands and watercourses, from the Commission'sduly authorized agent in accordance with §215-12 of these regulations.To carry out the purposes of this section, any person proposing to carry out a permitted ornonregulated operation and use shall, prior to commencement of such operation or use, notifythe Commission on an application form provided by it and provide the Commission withsufficient information to enable it to properly determine that the proposed operation or use is apermitted or nonregulated use of the wetland or watercourse. The Commission shall rule thatthe proposed operation or use, or portion of it, is a permitted or a nonregulated use oroperation or that the proposed operation or use is a regulated activity and that a permit isrequired.

E.A.B.C.D.A.B.A.B.(1)C.Such ruling shall be in writing and shall be made no later than 15 days after the next regularlyscheduled meeting of the Commission following the meeting at which the application wasaccepted as complete. Initiation of the permitted use or operation shall be within one year,and any ruling pursuant to this section shall expire one year from date of issue unlessotherwise extended by the Commission.§215-5. Activities regulated by Commissioner of Energy andEnvironmental Protection.The Commissioner of Energy and Environmental Protection shall have exclusive jurisdiction over:Regulated activities in or affecting wetlands or watercourses undertaken by any department,commission, or instrumentality of the State of Connecticut, except any local or regional boardof education, pursuant to § 22a-39 or 22a-45a of the Connecticut General Statutes, asamended.Tidal wetlands designated and regulated pursuant to §§ 22a-28 through 22a-35 of theConnecticut General Statutes, as amended.Activities authorized under a dam repair or removal order issued by the Commissioner ofEnergy and Environmental Protection under §22a-402 of the Connecticut General Statutes,as amended, or a permit issued by the Commissioner of Energy and EnvironmentalProtection under § 22a-403 of the Connecticut General Statutes, as amended. Any personreceiving such dam repair or removal order or permit shall not be required to obtain a permitfrom the Commission for any action necessary to comply with said dam order or to carry outthe activities authorized by said permit.The discharge of fill or dredged materials into the wetlands and watercourses of the statepursuant to Section 401 of the Federal Clean Water Act, as amended, for activities regulatedby the U.S. Army Corps of Engineers under Section 404 of the Federal Clean Water Act.§215-6. Permit required for regulated activity.No person shall conduct or maintain a regulated activity without first obtaining a permit forsuch activity from the Commission.Any person found to be conducting or maintaining a regulated activity without the priorauthorization of the Commission, or violating any other provision of these regulations, shall besubject to the enforcement proceedings and penalties prescribed in § 215-14 of theseregulations and any other remedies as provided by law.§215-7. Application requirements.Any person wishing to undertake a regulated activity shall apply for a permit on a form titled"Application for Permission To Conduct a Regulated Activity within an Inland Wetland orWatercourse Area in the Town of Weston." An application shall include an application formand such information as prescribed by Subsection C and, in the case of a significant activity,by Subsection D of this section. Application forms may be obtained in the office of the WestonConservation Commission.If an application to the Town of Weston Planning and Zoning Commission for subdivision orresubdivision of land involves land containing a wetland or watercourse, the applicant shall, inaccordance with §8-3(g), 8-3c or 8-26, as applicable, of the Connecticut General Statutes, asamended, submit an application for a permit to the Commission in accordance with thissection no later than the day the application is filed with such Planning and ZoningCommission.All applications shall contain such information in writing or on maps or drawings that isnecessary for a fair and informed determination of the issues, including the following:The applicant's name, home and business address, mailing address, and telephonenumbers. If the applicant is a corporation or partnership, the managing member or

(2)(3)(4)(5)(6)(7)(8)(9)(10)(11)(12)(13)(14)(1)(2)D.responsible corporate officer's name, address, and telephone numbers.The owner's name, address and telephone number and written consent if the applicant isnot the owner of the land involved in the application.Applicant's interest in the land.The geographical location of the land which is to be affected by the proposed activity,including but not limited to a description of the land in sufficient detail to allowidentification of the inland wetlands and watercourses, a computation of the area(s) (inacres or square feet) of wetland or watercourse disturbance, soil type(s) and wetlandvegetation.The purpose and a description of the proposed activity and proposed erosion andsedimentation controls and other management practices and mitigation measures whichmay be considered as a condition of issuing a permit for the proposed regulated activity,including but not limited to measures to prevent or minimize pollution or otherenvironmental damage, maintain or enhance existing environmental quality, or, in thefollowing order of priority, restore, enhance and create productive wetland or watercourseresources.Alternatives which would cause less or no environmental impact to wetlands orwatercourses considered by the applicant as well as why the proposal to alter wetlandsset forth in the application was chosen. If required by the Commission, such alternativesshall be diagrammed on a site plan or drawing.A site plan showing the proposed activity and existing and proposed conditions in relationto wetlands and watercourses and identifying any further activities associated with, orreasonably related to, the proposed regulated activity which are made inevitable by theproposed regulated activity and which may have an impact on wetlands or watercourses.Names and addresses of all adjacent landowners.Statement by the applicant that the applicant is familiar with all the information providedin the application and is aware of the penalties for obtaining a permit through deceptionor through inaccurate or misleading information.Authorization for the members and agents of the Commission to inspect the land, atreasonable times, during the pendency of an application and for the life of the permit.Any other information the Commission deems necessary to the understanding of whatthe applicant is proposing.Payment of the appropriate filing fee based on the fee schedule in effect at the time ofthe submission of the application.Applications involving the installation of a new septic system will be accompanied bypercolation test results.A completed Department of Energy and Environmental Protection reporting form. TheCommission shall revise and correct the information provided by the applicant and submitthe form to the Commissioner of Energy and Environmental Protection in accordancewith §22a-39-14 of the Regulations of Connecticut State Agencies.If the proposed activity involves a significant activity as determined by the Commission anddefined in § 215-2 of these regulations, additional information, based on the nature andanticipated effects of the activity, including but not limited to the following, may be required:Site plans for the proposed use or operation of the land which will be affected, whichshow existing and proposed conditions, wetland and watercourse boundaries, landcontours, boundaries of land ownership, proposed alterations and uses of wetlands andwatercourses, and other pertinent features of the land and the proposed activity,prepared by a licensed surveyor, professional engineer or architect registered in theState of Connecticut or by such other qualified person acceptable to the Commission.Engineering reports and analyses and additional drawings to fully describe the proposedproject and any filling, excavation, drainage or hydraulic modifications to watercoursesand the proposed erosion and sedimentation control plan.

(3)(4)(5)(6)(7)(8)(1)(2)(3)(4)E.F.(1)(2)(3)(4)(5)(6)G.Mapping of soil types consistent with categories established by the National CooperativeSoil Survey of the Natural Resources Conservation Service (the Commission may requirethe applicant to have the wetlands delineated in the field by a soil scientist and that thefield delineation be incorporated onto the plans).Description of the ecological communities and functions of the wetlands or watercoursesinvolved with the application and the effects of the proposed regulated activities on thesecommunities and wetland functions.Description of how the applicant will change, diminish, or enhance the ecologicalcommunities and functions of the wetlands or watercourses involved in the application,and with each alternative, a description of why each alternative considered was deemedneither feasible nor prudent.Analysis of chemical or physical characteristics of any fill material.Measures such as sedimentation and erosion control plans which mitigate the impact ofthe proposed activity. Such measures include, but are not limited to, plans or actionswhich avoid destruction or diminution of wetland or watercourse functions, recreationaluses and natural habitats; which prevent flooding, degradation of water quality, erosionand sedimentation and obstruction of drainage; or which otherwise safeguard waterresources.Analysis of the downgradient and downstream impact of the proposed activity.The applicant shall certify in the application whether:Any portion of the property on which the regulated activity is proposed is located within500 feet of the boundary of an adjoining municipality;Sewer (septic systems) or water drainage from the project site will flow through andimpact the sewage or drainage system within the adjoining municipality;Water runoff from the improved site will impact streets or other municipal or privateproperty within the adjoining municipality; orTraffic attributable to the completed project on the site will use streets within the adjoiningmunicipality to enter and exit the site.Four copies of all application materials shall be submitted to comprise a complete applicationor as is otherwise directed, in writing, by the Commission.Any application to extend the expiration date of a previously issued permit or amend anexisting permit shall be submitted to the Commission at least 65 days prior to the expirationdate for the permit in accordance with § 215-11F through H of these regulations. Anyapplication for amendment, renewal or extension shall be made in accordance with thissection, provided that:The application may incorporate by reference the documentation and record of theoriginal application.The application shall state the reason why the authorized activities were not initiated orcompleted within the time specified in the permit.The application shall describe any changes in facts or circumstances involved with oraffecting wetlands or watercourses or the use of the land for which the permit wasissued.The application shall describe the extent of work completed at the time of filing and theschedule for completing the activities authorized in the permit.The Commission may, prior to the expiration of a permit, accept an untimely applicationto extend the expiration date of a permit if the authorized activity is ongoing and to allowthe continuation of the work beyond the expiration date if, in its judgment, the permit islikely to be extended and the public interest or environment will be best served by notinterrupting the activity.The Commission shall evaluate the application pursuant to §215-11 of these regulationsand grant the application as submitted, grant it with any terms or limitations, or deny it.

(1)(2)H.(1)(2)(3)I.A.B.(a)(b)(1)C.Any application to renew a permit shall be granted upon request of the permit holder unlessthe Commission finds that there has been a substantial change in circumstances whichrequires a new permit application or an enforcement action has been undertaken with regardto the regulated activity for which the permit was issued, provided that:No permit issued during the time period from July 1, 2006, to July 1, 2009, inclusive, shallbe valid for more than 11 years; andNo permit issued prior to July 1, 2006, or after July 1, 2009, may be valid for more than10 years.For any permit application involving property subject to a conservation restriction orpreservation restriction, the following shall apply:For the purposes of this Subsection I, the following terms shall have the meaningsindicated:CONSERVATION RESTRICTIONAny limitation, whether or not stated in the form of a restriction, easement, covenantor condition, in any deed, will, or other instrument executed by or on behalf of theowner of the land described therein, including but not limited to the state or anypolitical subdivision of the state, or in any order of taking such land whose purpose isto retain land or water areas predominantly in their natural, scenic, or open conditionor in agricultural, farming, forest or open space use.PRESERVATION RESTRICTIONA limitation, whether or not stated in the form of a restriction, easement, covenant orcondition, in any deed, will, or other instrument executed by or on behalf of theowner of the land, including but not limited to the state or any political subdivision ofthe state, or in any order of taking such land whose purpose is to preservehistorically significant structures or sites.No person shall file a permit application, other than for interior work in an existing buildingor for exterior work on an existing building that does not expand or alter the footprint ofsuch existing building, relating to property that is subject to a conservation restriction or apreservation restriction unless the applicant provides proof that the applicant hasprovided written notice of such application by certified mail, return receipt requested, tothe party holding such restriction, including but not limited to any state agency that holdssuch restriction, not later than 60 days prior to the filing of the permit application.In lieu of such notice pursuant to Subsection I(2), the applicant may submit a letter fromthe holder of such restriction or from the holder's authorized agent verifying that theapplication is in compliance with the terms of the restriction.§215-8. Application procedures.All applications shall be submitted to the Conservation Commission of the Town of Weston.In the case of any application where any portion of the wetland or watercourse on which theregulated activity is proposed is located within 500 feet of the boundary of Westport, Wilton,Easton, Redding or Fairfield, the applicant shall give written notice of the proposed activity bycertified mail, return receipt requested, to the adjacent municipal wetland agency on the sameday of filing an inland wetland permit application with the Commission. Documentation of suchnotice shall be provided to the Commission.Notice to adjoining municipalities.The Commission shall, in accordance with Connecticut General Statutes § 8-7d(f), asamended, notify the clerk of any adjoining municipality of the pendency of anyapplication, petition, appeal, request, or plan concerning any project or site in which:Any portion of the property affected by a decision of the Commission is locatedwithin 500 feet of the boundary of an adjoining municipality;A significant portion of the traffic to the completed project on the site will use streetswithin the adjoining municipality to enter or exit the site;

(c)(d)(2)D.E.F.G.H.(a)(b)(c)(1)(2)(3)A.B.A significant portion of the sewer or water drainage from the project site will flowthrough and significantly impact the sewage or drainage systems within the adjoiningmunicipality; orWater runoff from the improved site will impact streets or other municipal or privateproperty within the adjoining municipality.Such notice shall be made by certified mail, return receipt requested, and shall be mailedwithin seven days of the date of receipt of the application, petition, appeal, request, orplan.When an application is submitted to conduct or cause to be conducted a regulated activityupon an inland wetland or watercourse, any portion of which is within the watershed of awater company as defined in §25-32a of the Connecticut General Statutes, as amended, theapplicant shall provide written notice of the application to the water company and theCommissioner of Public Health in a format prescribed by said Commissioner, provided thatsuch water company or said Commissioner has filed a map showing the boundaries of thewatershed on the land records of the municipality in which the application is made and withthe inland wetlands agency of such municipality. Such notice shall be made by certified mail,return receipt requested, and shall be mailed not later than seven days after the date of theapplication. The water company and the Commissioner, through a representative, mayappear and be heard at any hearing on the application. Documentation of such notice shall beprovided to the Commission.The date of acceptance of any petition, application, request or appeal shall be the day of thenext regularly scheduled meeting of the Commission immediately following the date ofsubmission to the Commission or its agent or 35 days after such submission, whichever issooner.At any time during the review period, the Commission may require the applicant to provideadditional information about the regulated area or regulated activity which is the subject of theapplication or wetlands or watercourses affected by the regulated activity. The Commissionshall not exceed the required sixty-five-day time limit in taking action on an applicationpending the receipt of additional information as set forth in §215-11B of these regulations.Requests for additional information shall not stay the time limitations set forth in §215-11B ofthese regulations.All applications shall be open for public inspection.Incomplete applications may be denied.§215-9. Public hearings.Determination to hold public hearing.The Commission shall not hold a public hearing on such application unless theCommission determines that:The proposed activity may have a significant impact on wetlands or watercourses;A petition signed by at least 25 persons who are 18 years of age or older and whoreside in Weston requesting a hearing is filed with the Commission not later than 14days after the date of receipt of such application; orThe Commission finds that a public hearing regarding such application would be inthe public interest.The Commission may issue a permit without a public hearing provided that no petitionprovided for in this section is filed with the Commission on or before the 14th day afterthe date of receipt of the application.Such hearing shall be held no later than 65 days after the receipt of such application. Allapplications and maps and documents relating thereto shall be open for publicinspection. Any person may appear and be heard at any such public meeting.Notice of the public hearing shall be published at least twice, at intervals of not less than twodays, the first not more than 15 days and not less than 10 days and the last not less than two

C.(a)(b)(c)(1)(2)(3)A.(1)(2)(3)(4)(5)B.days before the date set for the hearing, in a newspaper having a general circulation in eachtown where the affected wetland and watercourse is located.Notice of the public hearing shall be mailed by certificate of mailing by the applicant to theowner(s) of record of the land that is adjacent to the land that is the subject of the hearing noless than 15 days prior to the day of the hearing. When applicable, notification must also bemade to the town clerk of an adjoining municipality and water companies pursuant to §215-8C and D. Proof of such notification must be entered into the record.§215-10. Considerations, standards and criteria for decision.Considerations for decision.The Commission may consider the following in making its decision on an application:The application and its supporting documentation.Public comments, evidence and testimony from a public hearing.Reports from other agencies and commissions, including but not limited to the Townof Weston Planning and Zoning Commission, Building Inspector, appropriate HealthOfficer of the Town and Town Engineer.The Commission may also consider comments on any application from the FairfieldCounty Soil and Water Conservation District, the South Western Regional PlanningAgency or other regional organizations (i.e., Council of Elected Officials), agencies inadjacent municipalities which may be affected by the proposed activity, or other technicalagencies or organizations which may undertake additional studies or investigations.Nonreceipt of comments from agencies and commissions listed in Subsection A(1)(c)above shall neither delay nor prejudice the decision of the Commission.Standards and criteria for decision. In carrying out the purposes and policies of §§22a-36 to22a-45 of the Connecticut General Statutes, as amended, including matters relating toregulating, licensing and enforcing of the provisions thereof, the Commission shall take intoconsideration all relevant facts and circumstances, including but not limited to:The environmental impact of the proposed regulated activity on wetlands orwatercourses, including the effects on the inland wetland's and watercourse's capacity tosupport fish and wildlife, to prevent flooding, to supply and protect surface and groundwaters, to control sediment, to facilitate drainage, to control pollution, to supportrecreational activities, and to promote public health and safety;The applicant's purpose for, and any feasible and prudent alternatives to, the proposedregulated activity, which alternatives would cause less or no environmental impact towetlands or watercourses;The relationship between the short-term and long-term impacts of the proposed regulatedactivity on wetlands or watercourses and the maintenance and enhancement of long-term productivity of such wetlands or watercourses;Irreversible and irretrievable loss of wetland or watercourse resources which would becaused by the proposed regulated activity, including the extent to which such activitywould foreclose a future ability to protect, enhance or restore such resources, and anymitigation measures which may be considered as a condition of issuing a permit for suchactivity, including but not limited to measures to prevent or minimize pollution or otherenvironmental damage, maintain or enhance existing environmental quality, or, in thefollowing order of priority, restore, enhance and create productive wetland or watercourseresources; such measures include, but are not limited to, actions which avoid adverseimpacts or lessen impacts on wetlands and watercourses and which could be feasiblycarried out by the applicant and would protect the wetland's or watercourse's naturalcapacity to support fish and wildlife, to prevent flooding, to supply and protect surfaceand ground waters, to control sedimentation, to prevent erosion, to assimilate wastes, tofacilitate drainage, to control pollution, to support recreational activities and open space,and to promote public health and safety;The character and degree of injury to, or interference with, safety, health, or thereasonable use of property, including abutting, downgradient or upgradient property,

(6)C.D.E.F.G.H.(1)(2)I.J.which would be caused or threatened by the proposed activity or the creation ofconditions which may do so. This includes recognition of potential damage from erosion,turbidity, or siltation; loss of fish and wildlife and their habitat; loss of unique habitathaving demonstrable natural, scientific or educational value; loss or diminution ofbeneficial aquatic organisms and wetland plants; the dangers of flooding and pollution;and the destruction of the economic, aesthetic, recreational and other public and privateuses and values of wetlands and watercourses to the community; andImpacts of the proposed regulated activity on wetlands or watercourses outside the areafor which the activity is proposed and future activities associated with, or reasonablyrelated to, the proposed regulated activity which are made inevitable by the proposedregulated activity and which may have an impact on wetlands or watercourses.In the case of an application which received a public hearing pursuant to a finding by theCommission that the proposed activity may have a significant impact on wetlands andwatercourses, a permit shall not be issued unless the Commission finds on the basis of therecord that a feasible and prudent alternative does not exist. In making this finding theCommission shall consider the facts and circumstances set forth in Subsection B. The findingand the reasons therefor shall be stated on the record in writing.In the case of an application which is defined on the basis of a finding that there may befeasible and prudent alternatives to the proposed regulated activity which have less adverseimpact on wetlands or watercourses, the Commission shall propose on the record in writingthe types of alternatives which the applicant may investigate, provided that this subsectionshall not be construed to shift the burden from the applicant to prove that he is entitled to thepermit or to present alternatives to the proposed regulated activity.In reaching its decision on any application after a public hearing, the Commission shall baseits decision on the record of that hearing. Documentary evidence or other material not in thehearing shall not be considered by the Commission in reaching its decision.In reaching its decision, the Commission will not take into consideration any economichardship which arises or might arise which may impact on the applicant as a result of his ownactions.The Commission shall not deny or condition an application for a regulated activity in an areaoutside wetlands or watercourses on the basis of an impact or effect on aquatic plant oranimal life unless such activity will likely impact or affect the physical characteristics of suchwetlands or watercourses.In the case of an application where the applicant has provided written notice pursuant to§ 215-7I(2) of these regulations, the holder of the restriction may provide proof to theCommission that granting of the permit application will violate the terms of the restriction.Upon a finding that the requested land use violates the terms of such restriction, theCommission shall not grant the permit approval.In the case of an application where the applicant fails to comply with the provisions of §215-7I(2) or (3) of these regulations:The party holding the conservation or preservation restriction, other than a state agencythat holds such restriction, may, not later than 15 days after receipt of actual notice ofpermit approval, file an appeal with the Commission, subject to the rules and regulationsof the Commission relating to appeals. The Commission shall reverse the permitapproval upon a finding that the requested land use violates the terms of such restriction;orThe state agency that holds the restriction may, not later than 30 days after receipt ofactual notice of permit approval, file an appeal with the Commission, subject to the rulesand regulations of the Commission relating to appeals. The Commission shallimmediately reverse such permit approval if the commissioner of the state agency thatholds such restriction certifies that the land use authorized in such permit violates theterms of such conservation or preservation restriction.Nothing in §215-7I(2) or (3) of these regulations shall be construed to prohibit the filing of apermit application or to require such written notice when the activity that is the subject of suchpermit application will occur on a portion of property that is not restricted under the terms ofsuch conservation or preservation restriction.

A.B.C.D.E.F.G.H.I.§215-11. Decision process and permit.In granting a permit the Commission, or its duly authorized agent, may grant the applicationas submitted or grant it upon other terms, conditions, limitations or modifications of theregulated activity which are designed to carry out the policy of §§22a-36 to 22a-45, inclusive,of the Connecticut General Statutes, as amended, or deny the application. Such terms mayinclude any reasonable measures which would mitigate the impacts of the regulated activityand which would prevent or minimize pollution or other environmental damage, maintain orenhance existing environmental quality, or, in the following order of priority, restore, enhanceand create productive wetland or watercourse resources.No later than 65 days after acceptance of an application, the Commission may hold a publichearing on such application. The hearing shall be completed within 35 days of itscommencement, and action shall be taken on applications within 35 days after completion ofa public hearing. In the absence of a public hearing, action shall be taken on applicationswithin 65 days from the date of acceptance of the application. The applicant may consent toone or more extensions of the periods specified in this subsection for the holding of thehearing and for action on such application, provided that the total cumulative extensions ofany such periods shall not be for longer than the original period as specified in thissubsection, or may withdraw such application. The failure of the Commission to act within anytime period specified in this subsection, or any extension thereof, shall not be deemed toconstitute approval of the application. An application deemed incomplete by the Commissionmust either be withdrawn by the applicant or denied by the Commission.The Commission shall state upon its record the reasons and bases for its decision.The Commission shall notify the applicant and any person entitled to such notice of itsdecision within 15 days of the date of the decision by certified mail, return receipt requested,and the Commission shall cause notice of its order in the issuance or denial of the permit tobe published in a newspaper having general circulation in the Town of Weston wherein theinland wetland or watercourse lies. In any case in which such notice is not published withinsuch fifteen-day period, the applicant may provide for the publication of such notice within 10days thereafter. A copy of all Commission decisions shall be forwarded to the Commissionerof Energy and Environmental Protection in such a form as prescribed by the Commissioner.If an activity authorized by the Commission permit also involves an activity or project whichrequires zoning or subdivision approval, a special zoning permit, variance or specialexception, under §8-3(g), 8-3c or 8-26 of the Connecticut General Statutes, as amended, acopy of the decision and report on the application shall be filed with the appropriate board orcommission within 15 days of the decision.If the Commission denies the permit without prejudice, or if it grants a permit with terms,conditions, limitations or modifications, the applicant may attempt to modify the proposal tothe Commission's satisfaction. The Commission shall determine whether the proposedmodification requires the filing of a new application. A modified or corrected application maybe denied by the Commission.If the Commission denies an application, a resubmitted application may be denied unless theproposal is modified in a fashion that substantially changes the impacts which resulted in thedenial.Any permit issued by the Commission prior to July 1, 2006, or after July 1, 2009, for thedevelopment of land for which an approval is required under § 8-3, 8-25 or 8-26 of theConnecticut General Statutes, as amended, shall be valid for five years, provided that theCommission may establish a specific time period within which any regulated activity shall beconducted. Any permit issued by the Commission prior to July 1, 2006, or after July 1, 2009,for any other activity shall be valid for not less than two years and not more than five years.Any permit issued by the Commission during the time period from July 1, 2006, to July 1,2009, inclusive, shall expire not less than six years after the date of such approval.No permit issued by the Commission shall be assigned or transferred without the writtenpermission of the Commission. Permits may be transferred, provided that the party to whomthe permit is transferred submits a notarized letter to the Commission stating that there will beno changes in the plan. The letter must also state that the party understands and will complywith all conditions of approval of the original application. The Commission shall approve alltransfers in writing prior to any transfer occurring.

J.(1)(2)(3)(4)K.A.B.C.D.A.B.If a bond or insurance is required in accordance with §215-13 of these regulations, no permitshall take effect until such bond or insurance is provided.General provisions in the granting of all permits.The Commission has relied in whole or in part on information provided by the applicant,and if such information subsequently proves to be false, deceptive, incomplete orinaccurate, the permit may be modified, suspended or revoked.All permits issued by the Commission are subject to and do not derogate any present orfuture rights or powers of the Commission or the Town of Weston, and convey no rightsin real estate or material nor any exclusive privileges, and are further subject to any andall public and private rights and to any federal, state, and municipal laws or regulationspertinent to the subject land or activity.If the activity authorized by the inland wetland permit also involves an activity or a projectwhich requires zoning or subdivision approval, special permit, variance or specialexception under §8-3(g), 8-3c or 8-26 of the Connecticut General Statutes, as amended,no work pursuant to the wetland permit may begin until such approval is obtained.In constructing the authorized activities, the permittee shall implement such managementpractices consistent with the terms and conditions of the permit as needed to controlstormwater discharges and to prevent erosion and sedimentation and to otherwiseprevent pollution to wetlands and watercourses.§215-12. Action by agent.The Commission may delegate to its agent the authority to approve or extend an activity thatis not located in a wetland or watercourse when such agent finds that the conduct of suchactivity would result in no greater than a minimal impact on any wetlands or watercourses,provided that such agent has completed the comprehensive training program developed bythe Commissioner pursuant to §22a-39 of the Connecticut General Statutes, as amended.Requests for a minimal impact administrative permit shall be made on a form provided by theCommission and shall contain the information listed under §215-7C of these regulations andany other information the Commission may reasonably require. Notwithstanding theprovisions for acceptance and processing of applications prescribed in §§215-8 and 215-11of these regulations, such agent may approve or extend such an activity at any time inaccordance with the Commission's Minimal Impact Administrative Review Permits (ARP)Policy dated July 2001.Any person receiving such approval from such agent shall, within 10 days of the date of suchapproval, publish, at the applicant's expense, notice of the approval in a newspaper having ageneral circulation in the town wherein the activity is located or will have an effect. Any personmay appeal such decision of such agent to the Commission within 15 days after thepublication date of the notice and the Commission shall consider such appeal at its nextregularly scheduled meeting, provided that such meeting is no earlier than three businessdays after receipt of such appeal. Any person may appear and be heard at the meeting heldby the Commission to consider the subject appeal. The Commission shall, at its discretion,sustain, alter, or reject the decision of its agent or require an application for a permit inaccordance with §215-8 of these regulations.The agent shall reach a decision on all applications no later than 65 days after acceptance ofan application.If the agent fails to act within the prescribed time period, the application shall be reviewed anda decision rendered by the Commission at its next regularly scheduled meeting.§215-13. Bond and insurance.Upon approval of the application and prior to granting a permit, the applicant may be required,at the discretion of the Commission, to file a bond with such surety in such amount and in aform approved by the Commission.The bond or surety shall be conditioned on compliance with all provisions of these regulationsand the terms, conditions and limitations established in the permit.

C.A.B.C.(1)(2)(3)D.E.The Commission may require the applicant to certify that it has public liability insuranceagainst liability which might result from the proposed operation or use of the wetlands orwatercourses covering any and all damage which might occur within two years of completionof such operations, in an amount to be determined by the Commission commensurate withthe regulated activity.§215-14. Enforcement.The Commission may appoint an agent or agents to act in its behalf with the authority toinspect property, except a private residence, and issue notices of violation or cease anddesist orders and carry out other actions or investigations necessary for the enforcement ofthese regulations. In carrying out the purposes of this section, the Commission or its agentshall take into consideration the criteria for decision under §215-10B of these regulations.The Commission or its agent may make regular inspections, at reasonable hours, of allregulated activities for which permits have been issued with the consent of the property owneror the authorized agent of the owner during the life of the permit.In the case in which a permit has not been issued or a permit has expired, the Commission orits agent may make regular inspections at reasonable hours with the consent of the propertyowner or the authorized agent of the property owner.If the Commission or its agent finds that any person is conducting or maintaining any activity,facility or condition which is in violation of the Act or these regulations, the Commission or itsagent may:Issue a written order to be either hand delivered or sent by certified mail, return receiptrequested, to such person conducting such activity or maintaining such facility orcondition to immediately cease such activity or to correct such facility or condition. Within10 days of the issuance of such order the Commission shall hold a hearing to provide theperson an opportunity to be heard and show cause why the order should not remain ineffect. The Commission shall consider the facts presented at the hearing and, within 10days of the completion of the hearing, notify the person by certified mail that the originalorder remains in effect, that a revised order is in effect, or that the order has beenwithdrawn. The Commission shall publish notice of its decision in a newspaper havinggeneral circulation in the Town of Weston. The original order shall be effective uponissuance and shall remain in effect until the Commission affirms, revises or withdraws theorder. The issuance of an order pursuant to this subsection shall not delay or bar anaction pursuant to §22a-44(b) of the Connecticut General Statutes, as amended.Issue a notice of violation to such person conducting such activity or maintaining suchfacility or condition stating the nature of the violation and the jurisdiction of theCommission and prescribing the necessary action and steps to correct the violation,including, without limitation, halting work in wetlands or watercourses. The Commissionmay request that the individual appear at the next regularly scheduled meeting of theCommission to discuss the unauthorized activity and/or provide a written reply to thenotice or file a proper application for the necessary permit. Failure to carry out theaction(s) directed in a notice of violation may result in issuance of the order provided inSubsection D(1) or other enforcement proceedings as provided by law.Record a certificate or notice of a cease and desist order or order to correct an inlandwetland or watercourse violation with the Town Clerk for recording in the Town's landrecords. The certificate or notice will be released upon compliance with the order.The Commission may suspend or revoke a permit if it finds that the permittee has notcomplied with the terms, conditions or limitations set forth in the permit or has exceeded thescope of the work as set forth in the application, including application plans. Prior to revokingor suspending any permit, the Commission shall issue notice to the permittee, personally orby certified mail, return receipt requested, setting forth the facts or conduct which warrants theintended action. The Commission shall hold a hearing to provide the permittee an opportunityto show compliance with the permit and any and all requirements for retention of the permit.The permittee shall be notified of the Commission's decision to suspend, revoke, or maintaina permit by personal service or certified mail within 15 days of the date of its decision. TheCommission shall publish notice of the suspension or revocation in a newspaper havinggeneral circulation in the municipality.

F.A.(1)(2)B.C.(1)(2)(3)(4)(5)D.(1)(2)(3)E.In accordance with §22a-42g of the Connecticut General Statutes, as amended, any personviolating any provisions of these regulations may be subject to fines pursuant to ordinances ofthe Town of Weston as may be enacted or amended from time to time.§215-15. Amendments.These regulations and the Designated Inland Wetlands and Watercourses Map of the Town ofWeston dated September 7, 1976, may be amended, from time to time, by the Commission inaccordance with changes in the Connecticut General Statutes or regulations of the StateDepartment of Energy and Environmental Protection, as amended, or as new informationregarding soils and inland wetlands and watercourses becomes available.An application submitted to the Commission which is in conformance with the applicableinland wetlands regulations as of the date of the acceptance of such application shall not berequired thereafter to comply with any change in inland wetlands regulations, includingchanges to setbacks and buffers, taking effect on or after the date of such acceptance, andany appeal from the decision of such Commission with respect to such application shall notbe dismissed by the Superior Court on the grounds that such a change has taken effect on orafter the date of such acceptance. The provisions of this subsection shall not be construed toapply to:The establishment, amendment or change of boundaries of inland wetlands orwatercourses; orAny change in regulations necessary to make such regulations consistent with theprovisions of Chapter 440 of the General Statutes (the Act), as amended, as of the dateof such acceptance.These regulations and the Town of Weston Inland Wetlands and Watercourses Map shall beamended in the manner specified in § 22a-42a of the Connecticut General Statutes, asamended. The Commission shall provide the Commissioner of Energy and EnvironmentalProtection with a copy of any proposed regulations and notice of the public hearing toconsider any proposed regulations or amendment thereto, except map amendments, at least35 days before the public hearing on their adoption.Petitions requesting changes or amendments to the Designated Inland Wetlands andWatercourses Map of the Town of Weston shall contain at least the following information:The petitioner's name, address and telephone number.The owner's name (if not the petitioner), address, telephone number, and a writtenconsent to the proposed action set forth in the application.Petitioner's interest in the land affected by the petition.Map(s) showing the geographic location of the land affected by the petition and theexisting and the proposed wetland(s) boundaries on such land in accurate detail togetherwith the documentation supporting such proposed boundary locations.The reasons for the requested action.Any person who submits a petition to amend the Designated Inland Wetlands andWatercourses Map of the Town of Weston, Connecticut, dated September 7, 1976, shall bearthe burden of proof for all requested map amendments. Such proof may include, but is notlimited to, professional interpretation of aerial photography and remote sensing imagery,resource mapping soils, mapping, or other information acceptable to the Commission. If suchperson is the owner, developer or contract purchaser of the land which is the subject of thepetition, or if such person is representing the interests of such an owner, developer orpurchaser, in addition to the information required in Subsection D, the petition shall include:The name, address and telephone number of the owner(s) of such land and owner'sagent or other representative;The names and addresses of the owners of abutting land;Documentation by a soil scientist of the distribution of wetland soils on said land. Suchdocumentation shall at a minimum include the report of the soil scientist documenting the

(4)F.G.H.I.A.B.A.B.location of wetland soils on the land and a map of said land indicating the flag locationsset by the soil scientist and defining the boundaries of wetland soil types; andMap(s) showing any proposed development of the land in relation to existing andproposed wetland and watercourse boundaries.Inland wetlands and watercourses shall be delineated by a certified soil scientist, geologist,ecologist or other qualified individual acceptable to the Commission.A public hearing shall be held on petitions to amend the Designated Inland Wetland andWatercourses Map. Notice of the hearing shall be published in a newspaper havingsubstantial circulation in the Town of Weston at least twice, at intervals of not less than twodays, the first not more than 15 days nor less than 10 days and the last not less than twodays, before such hearing. All materials including maps and documents relating to the petitionshall be open for public inspection and filed in the Town Clerk's office at least 10 days beforethe hearing.The Commission shall hold a public hearing on a petition to amend the regulations and theInland Wetlands and Watercourses Map within 65 days after acceptance of such a petition.The public hearing shall be completed within 35 days after commencement. The Commissionshall act upon the changes requested in such petition within 65 days after completion of thehearing. At such hearing, any person or persons may appear and be heard and may berepresented by an agency or attorney. The petitioner may consent to one or more extensionsof the periods specified in this subsection, provided that the total extension of all such periodsshall not be for longer than 65 days, or may withdraw such petition. The failure of theCommission to act within any time period specified in this subsection, or any extensionthereof, shall not be deemed to constitute approval of the petition.The Commission shall make its decision and state, in writing, the reasons why the change inthe Inland Wetland and Watercourses Map was made.§215-16. Appeals.Appeal of actions of the Commission shall be made in accordance with the provisions of§22a-43 of the Connecticut General Statutes, as amended.Notice of such appeal shall be served upon the Commission and the Commissioner of Energyand Environmental Protection.§215-17. Conflicts; severability.If there is a conflict between the provisions of these regulations, the provision which imposesthe most stringent standards for the use of wetlands and watercourses shall govern. Theinvalidity of any word, clause, sentence, section, part, subsection or provision of theseregulations shall not affect the validity of any other part which can be given effect without suchvalid part or parts.If there is a conflict between any provision of these regulations and the provisions of the Act,the provisions of the Act shall govern.§215-18. Other permits.Nothing in these regulations shall obviate the requirements for the applicant to obtain any otherassents, permits or licenses required by law or regulation by the Town of Weston, State ofConnecticut and the government of the United States, including any approval required by theConnecticut Department of Energy and Environmental Protection and the U.S. Army Corps ofEngineers. Obtaining such assents, permits or licenses is the sole responsibility of the applicant.§215-19. Fees.

A.B.C.D.E.(1)(2)(3)F.(1)(2)G.H.A.B.Method of payment. All fees required by these regulations shall be submitted to theCommission by certified check or money order payable to the Town of Weston at the time theapplication is submitted to the Commission.No application shall be granted or approved by the Commission unless the correct applicationfee is paid in full or unless a waiver has been granted by the Commission pursuant toSubsection F of this section.The application fee is not refundable.The application fees shall be based on the fee schedule set forth in Chapter 70, Fees, ArticleI, Land Use Fees, of the Town Code.Exemption. Boards, commissions, councils, and departments of the Town of Weston areexempt from all fee requirements.Waiver. The applicant may petition the Commission to waive, reduce, or allow delayedpayment of the fee. Such petitions shall be in writing and shall state fully the facts andcircumstances the Commission should consider in its determination under this subsection.The Commission may waive all or part of the application fee if the Commission determinesthat:The activity applied for would clearly result in a substantial public benefit to theenvironment or to the public health and safety and the applicant would reasonably bedeterred from initiating the activity solely or primarily as a result of the amount of theapplication fee; orThe amount of the application fee is clearly excessive in relation to the cost to the Townfor reviewing and processing the application.The applicant has shown good cause.Support service fee.In the event that additional expenses, including but not limited to outside consultants,experts, or legal advisors, are incurred in processing the permit application, the applicantmay be assessed an additional fee in accordance with §70-2, Support service fee, of theTown Code to cover said costs. Said fees are to be estimated by a qualified party orexpert and submitted with the application fee and held until the application is completelyprocessed, after which time any residual funds pertaining to this assessment are to bereturned to the applicant.For the purpose of this assessment, "outside consultant" means a professional who is notan employee of the Town of Weston, including but not limited to engineering,environmental, hydrogeology and hazardous materials management professionals.The Commission shall state upon its record the basis for all actions under this section.§215-20. When effective.These regulations shall become effective upon filing in the office of the Town Clerk and publicationof a notice of such action in a newspaper having general circulation in the Town of Weston.§215-21. Records retention and disposition.The Commission and the Town Clerk for the Town of Weston shall retain completeadministrative records of Commission actions and dispose of such records in accordance withthe retention/disposition schedules set forth in Subsection B.The Public Records Administrator of the Connecticut State Library established the followingrecords retention/disposition schedule for municipal inland wetlands records, effectiveFebruary 2005:Minimum Retention Disposition

A.B.C.D.Minimum Retention DispositionApplications (include supportingmaterials)10 years DestroyDecision letters 10 years DestroyApproved site plans 10 years DestroyLegal notices 1 year DestroyStaff and public written testimony 10 years DestroyMinutes of meetings and publichearingsPermanent MaintainTapes, audio - inland wetlandmatters1 year, unless appeal1 year after appealDestroyNotices of violation and orders 10 years DestroyText of changes adopted inregulationsContinuousupdate/permanentMaintainGeneral correspondence issuedor received5 years DestroyChapter 220. Natural Gas and Oil Extraction[HISTORY: Adopted by the Board of Selectmen of the Town of Weston as indicated in articlehistories. Amendments noted where applicable.]Article I. Waste Prohibition[Adopted 1-17-2019]§220-1. Definitions.For the purposes of this article, the following terms, phrases, and words shall have the meaningsgiven here, unless otherwise clearly indicated by the context:APPLICATIONThe physical act of placing or spreading natural gas waste or oil waste on any road or realproperty located within the Town of Weston.CODE ENFORCEMENT OFFICERThe Compliance Officer for the Town of Weston.HYDRAULIC FRACTURINGThe fracturing of underground rock formations, including shale and nonshale formations, byman-made fluid-driven techniques for the purpose of stimulating oil, natural gas, or othersubsurface hydrocarbon production.NATURAL GAS EXTRACTION ACTIVITIESAll geologic or geophysical activities related to the exploration for or extraction of natural gas,including, but not limited to, core and rotary drilling and hydraulic fracturing.NATURAL GAS WASTEAny liquid or solid waste or its constituents that is generated as a result of natural gasextraction activities, which may consist of water, brine, chemicals, naturally occurringradioactive materials, heavy metals, or other contaminants;Leachate from solid wastes associated with natural gas extraction activities;Any waste that is generated as a result of or in association with the underground storageof natural gas;Any waste that is generated as a result of or in association with liquefied petroleum gaswell storage operations; and

E.A.B.C.A.B.C.D.A.B.C.A.Any products or byproducts resulting from the treatment, processing, or modification ofany of the above wastes.OIL EXTRACTION ACTIVITIESAll geologic or geophysical activities related to the exploration for or extraction of oil,including, but not limited, to, core and rotary drilling and hydraulic fracturing.OIL WASTEAny liquid or solid waste or its constituents that is generated as a result of oil extractionactivities, which may consist of water, brine, chemicals, naturally occurring radioactivematerials, heavy metals, or other contaminants;Leachate from solid wastes associated with oil extraction activities; andAny products or byproducts resulting from the treatment, processing, or modification ofany of the above wastes.§220-2. Prohibitions.The application of natural gas waste or oil waste, whether or not such waste has receivedbeneficial use determination or other approval for use by the Department of Energy andEnvironmental Protection ("DEEP") or any other regulatory body, on any road or real propertylocated within the Town of Weston for any purpose is prohibited.The introduction of natural gas waste or oil waste into any wastewater treatment facility withinor operated by the Town of Weston is prohibited.The introduction of natural gas waste or oil waste into any solid waste management facilitywithin or operated by the Town of Weston is prohibited.The storage, disposal, sale, acquisition, transfer, handling, treatment and/or processing ofnatural gas waste or oil waste is prohibited within the Town of Weston.§220-3. Provision to be included in bids and contracts.All bids and contracts related to the retention of services to construct or maintain any publiclyowned and/or maintained road or real property within the Town of Weston shall include aprovision stating that no materials containing natural gas or oil waste shall be utilized inproviding such a service.All bids and contracts related to the purchase or acquisition of materials to be used toconstruct or maintain any publicly owned and/or maintained road or real property within theTown of Weston shall include a provision stating that no materials containing natural gas or oilwaste shall be provided to the Town of Weston.The following statement, which shall be a sworn statement under penalty of perjury, shall beincluded in all bids related to the purchase or acquisition of materials to be used to constructor maintain any publicly owned and or maintained road or real property within the Town ofWeston and all bids related to the retention of services to construct or maintain any publiclyowned and/or maintained road or real property within the Town of Weston: We hereby submita bid for materials, equipment and/or labor for the Town of Weston. . . The bid is for biddocuments titled __________. We hereby certify under penalty of perjury that no natural gaswaste or oil waste will be used by the undersigned bidder or any contractor, subcontractor,agent or vendor agent in connection with the bid; nor will the undersigned bidder or anysubcontractor, agent or vendor agent thereof apply any natural gas waste or oil waste to anyroad or real property within the Town of Weston as a result of the submittal of this bid ifselected."§220-4. Penalties for offenses.This article shall apply to any and all actions occurring on or after the effective date of thisarticle.

(1)(2)(3)(4)(5)(6)B.C.D.A.B.C.D.In response to a violation of this article, the Town of Weston is empowered to:Issue municipal citations not to exceed $250 per violation for each day of ongoingviolation pursuant to Chapter 39 of the Code of Ordinances, provided that a written noticeof violation has been issued;Issue "cease and desist" orders requiring abatement of the violation;Seek any appropriate legal relief, including immediate injunctive relief, as a result of anyviolation of this article;File a complaint with any other proper authority;Require remediation of any damage done to any land, road, building, aquifer, well,watercourse, air quality or other asset, be it public or private, within the Town of Weston;andPursue any additional remedies to which it may be entitled, at law and in equity, to theextent permitted by state and federal laws.The Town of Weston may recover from the offending person(s), jointly and severally, all costs,including experts, consultants and reasonable attorney's fees, that it incurs as a result ofhaving to prosecute or remediate any infraction of this article.The provisions of this section are in addition to and do not supersede any penalties resultingfrom simultaneous violations of state or federal laws, to the extent permitted by law.§220-5. Enforcement.The Code Enforcement Officer is authorized to enforce violations of this article.Any person issued a municipal citation pursuant to this article shall be entitled to a hearing tocontest the citation pursuant to Chapter 39 of the Code of Ordinances.The involvement of any Weston officials will not require testing of waste products to determinechemical contents, this work will be done via contacting CT DEEP or other third-partyanalytical laboratories as is current practice of the Town of Weston for other exposures topotentially hazardous chemical situations.Any designee authorized by the First Selectman of the Town of Weston may request theCommissioner of CT DEEP pursue civil penalties defined by the Connecticut GeneralStatutes, as applicable.§220-6. Severability.If any clause, sentence, paragraph, subdivision, section or part of this article or the applicationthereof to any person, individual, corporation, firm, partnership, entity or circumstance shall beadjudged by any court of competent jurisdiction to be invalid or unconstitutional, such order orjudgment shall not affect, impair, effect or invalidate the remainder thereof, but shall be confined inits operation to the clause, sentence, paragraph, subdivision, section or part of this article or in itsapplication to the person, individual, corporation, firm, partnership, entity or circumstance directlyinvolved in the controversy in which such order or judgment shall be rendered. To further this end,the provisions of this article are hereby declared to be severable.§220-7. Transportation.Nothing in this article shall be interpreted to ban the transportation of any product or by-productdescribed herein on any roadway or real property within the Town of Weston.Chapter 224. Single-Use Plastic Bags

(1)(2)(3)A.B.[HISTORY: Adopted by the Board of Selectmen of the Town of Weston 12-6-2018, effective 3-7-2019. Amendments noted where applicable.]§224-1. Purpose.The Town of Weston is committed to protecting the environment and the public health, safety, andwelfare of its citizens. The goal of this chapter is to reduce the common use of plastic checkoutbags and to encourage the use of reusable bags by consumers, thereby reducing local land andmarine pollution, advancing solid waste reduction, protecting the Town's unique natural beautyand irreplaceable natural resources, and improving the quality of life for the citizens of the Town.§224-2. Findings.Single-use plastic bags are an environmental nuisance; adversely affect public health; are adetriment to tourism; and impair the overall quality of life of the Town's residents and visitors.Because plastic bags are lightweight, they easily become airborne even when properlydisposed of, littering beaches, roadsides and sidewalks. They clog storm drainagesystems, contribute to marine and terrestrial pollution, and detract from the naturalbeauty of the Town for visitors and residents alike.Plastic bags photo-degrade, disintegrating into minute particles which adsorb toxins andpose a threat to riparian and marine environments, contaminating the food chain, waterand soil. They are also a menace to marine life, killing birds, marine mammals, seaturtles and fish each year through ingestion and entanglement.The vast majority of plastic bags are not recycled, and recycling of plastic bags is notavailable in The Town of Weston. Their disposal adds to the Town's waste managementexpense, both through the cost of transporting waste to landfills and due to theircontamination of the single-stream recycling system.Single-use plastic bag ordinances have proven to be effective in reducing plastic bagconsumption and litter and are part of a growing global movement towards sustainability.§224-3. Definitions.As used in this chapter, the following terms shall have the meanings indicated:CHECKOUT BAGA carryout bag with or without handles provided by a store to a customer at the point of salethat is intended for the purpose of transporting food or merchandise out of the store. The term"checkout bag" does not include product bags.CODE ENFORCEMENT OFFICERThe Compliance Officer for the Town of Weston.PRODUCT BAGA flexible container made of very thin plastic material with a single opening that is used totransport clothing from a dry cleaner, produce, meats, small unpackaged products (e.g.,beads and nails or other small hardware items) or other items selected by customers to thepoint of sale.RECYCLABLE PAPER BAGA paper bag with or without handles that is 100% recyclable and contains at least 40% post-consumer recycled content (except that an eight-pound or smaller paper bag shall contain aminimum of 20% post-consumer recycled content) and visibly displays both the word"recyclable" and "reusable" on the outside of the bag and the percentage of post-consumerrecycled content. Bag must contain no old growth fiber and must be FSC certified.RETAIL SALESThe transfer to a customer of goods in exchange for payment occurring in retail stores,sidewalk sales, farmer's markets, flea markets and restaurants. The term "retail sales" does

A.B.A.B.C.A.B.C.A.B.not include sales of goods at yard sales, tag sales, other sales by residents at their home,and sales by nonprofit and governmental organizations.REUSABLE BAGA bag with handles that is specifically designed and manufactured for multiple reuse and is:Made of cloth or other washable fabric; and/orMade of durable plastic that is at least 4.0 mils thick.STOREAny commercial enterprise engaging in retail sales.§224-4. Use regulations; exception.Any person engaged in retail sales shall provide only reusable bags and/or recyclable paperbags as checkout bags to customers. No store in the Town shall provide plastic checkoutbags to any customer.If a store provides checkout bags, they shall only provide recyclable paper bags or reusablebags.This chapter shall not apply to product bags.§224-5. Recyclable paper and reusable bag fees; exceptions.Stores shall charge and retain a fee of not less than $0.10 for each recyclable paper bag orreusable bag provided to a customer.Nothing in this chapter shall prohibit a store from encouraging and providing incentives for theuse of reusable bags. Stores may use credits or rebates for customers that bring their ownreusable bags for the purpose of carrying away goods.The fee for recyclable paper bags shall not apply to customers making purchases usingsupplemental nutrition assistance program (SNAP) and supplemental nutrition program forwomen, infants, and children (WIC) or "food stamps." These customers will receive recyclablepaper bags free of charge.§224-6. Penalty amount.Any violation of this chapter shall be punishable by a civil fine of $150 per incident.§224-7. Enforcement.The Code Enforcement Officer shall be authorized to enforce violations of this chapter.The Code Enforcement Officer shall provide written notice to any person who violates thischapter. Upon subsequent violation by the same person, the Code Enforcement Officer shallissue a citation as provided for in Chapter 39 of the Code. Repeat offenders shall be issuedadditional citations without first receiving a notice of violation.Chapter 225. Solid Waste and Recycling Regulations[HISTORY: Adopted by the Board of Selectmen of the Town of Weston 12-6-1990, effective 1-2-1991. Amendments noted where applicable.]GENERAL REFERENCESOutdoor burning—See Ch. 32.Property maintenance—See Ch. 145.Solid waste—See Ch. 164.

A.(1)B.Deposit of waste—See Ch. 169, Art. I.§225-1. Policy.The Board of Selectmen shall regulate and control the separation, preparation, collection,depositing, receiving, disposal and removal of all solid waste, garbage, rubbish, trash, refuse andrecyclables within the Town of Weston and charge reasonable fees to license and to defray thecosts in whole or in part for providing such solid waste disposal facilities and services and the costof regulating such activities.§225-2. Word usage and definitions.Except where specifically defined herein, all words shall carry their customary meaning. Allwords used in the present tense include the future tense; words in the singular numberinclude the plural number and vice versa; the word "premises" shall include land and buildingsthereon; the word "occupied" or "used" shall be considered as though followed by the words"or intended, arranged or designed to be used or occupied," unless the natural construction ofthe wording indicates otherwise; and the word "shall" is always mandatory. In the event of aconflict of terms or definitions, the more restrictive shall apply.As used in this chapter, the following terms shall have the meanings indicated:ACCEPTABLE RECYCLABLE MATERIALSThose items to be received and processed at the SWEROC Regional IntermediateProcessing Center, including glass food and beverage containers, metal food andbeverage containers, newspaper and certain HDPE and PET plastic food and beveragecontainers and other recyclables determined by SWEROC and the State Department ofEnergy and Environmental Protection.CARDBOARDCorrugated boxes and similar corrugated and kraft paper materials which have aminimum of contamination by food or other material.COLLECTORAny person who holds himself out for hire to collect solid waste from residential,business, commercial and other establishments with the Town.COMMINGLEDTo be combined or mixed together.DWELLING OCCUPANTThe owner, tenant or other occupant of a dwelling unit, whether or not in the samebuilding with other dwelling units.DWELLING UNITAny room or group of rooms located within a building and forming a single, habitable unitwith facilities which are used or intended to be used for living, sleeping, cooking andeating.GENERAL STATUTESThe General Statutes of Connecticut, as amended.GLASS FOOD AND BEVERAGE CONTAINERA glass bottle or jar of any size or shape used to package food or beverage productssuitable for human or animal consumption.HAZARDOUS WASTEAny waste material, except by-product material, source material or special nuclearmaterial, as defined in Connecticut General Statutes (C.G.S.) §22a-115, which may posea present or potential hazard to human health or the environment when improperlydisposed of, treated, stored, transported, or otherwise managed, including:Hazardous waste identified in accordance with Section 3001 of the FederalResource Conservation and Recovery Act of 1976 (42 U.S.C. §6901 et seq.);

(2)(3)Hazardous waste identified by regulation by the Connecticut Department of Energyand Environmental Protection; andPolychlorinated biphenyls in concentrations greater than 50 parts per million.HDPE (HIGH-DENSITY POLYETHYLENE) PLASTIC CONTAINERAny high-density polyethylene bottle, jar or container of any size or shape used topackage food or beverage products suitable for human or animal consumption or usedfor household laundry products or motor oil which is marked on the bottom with thenumber "2" encircled by the recycling symbol.INTERMEDIATE PROCESSING FACILITY or INTERMEDIATE PROCESSING CENTERA facility where glass, metals, paper products, batteries, household hazardous waste,fertilizers and other items are removed from the waste stream for recycling or reuse.LEAVESThe foliage of trees.METAL FOOD AND BEVERAGE CONTAINERAn aluminum, bimetal, steel, tin-plated steel, or other metallic can, plate or tray of anysize or shape used to package food or beverage products suitable for human or animalconsumption.NEWSPAPERUsed or discarded newsprint which has a minimum of contamination by food or othermaterial.OFFICE PAPERUsed or discarded high-grade white paper and manila paper, including but not limited topaper utilized for file folders, tab cards, writing, typing, printing, computer printing, andphotocopying, which is suitable for recycling and which has a minimum of contamination,excluding office paper generated by households.PERSONAny individual, organization, corporation, trust, partnership, foundation, group,association, or establishment or any combination of them.PET (POLYETHYLENE TEREPHTHALATE) PLASTIC FOOD AND BEVERAGECONTAINERAny polyethylene terephthalate bottle, jar or container of any size or shape used topackage food or beverage products suitable for human or animal consumption which ismarked on the bottom of the bottle, jar or container with the number "1" encircled by therecycling symbol.RECYCLABLES or ITEMS TO BE RECYCLED or STATUTORY RECYCLABLEMATERIALSCardboard, glass food and beverage containers, metal food and beverage containers,newspaper, certain HDPE and PET plastic food and beverage containers, office paper,scrap metal, storage batteries and waste oil, as defined herein, and such other items asmay be designated by the Board of Selectmen.RECYCLETo separate or divert an item or items from the solid waste stream for the purposes ofprocessing them or causing them to be processed into a material product, including theproduction of compost, in order to provide for disposition of the item or items in a manner,other than incineration or landfilling, which will best protect the environment.RECYCLINGThe processing of solid waste to reclaim material therefrom.RECYCLING FACILITY or RECYCLING CENTERLand and appurtenances thereon and structures where recycling is conducted, includingbut not limited to an intermediate processing center.REFUSEGarbage, rubbish, and organic wastes, excluding therefrom body waste, bulky waste,demolition material, hazardous wastes, and recyclable materials.RESIDENTIAL PROPERTY

(1)[1](2)(3)A.(1)B.Real estate containing one or more dwelling units, excluding hospitals, institutions,motels and hotels.SCRAP METALUsed or discarded items which consist predominantly of ferrous metals, aluminum, brass,copper, lead, chromium, tin, nickel or alloys thereof, including but not limited to whitegoods, such as refrigerators, washers and dryers, and metal containers.SCRAP TIRESDiscarded rubber or synthetic rubber tires used by or manufactured for automobiles,vans, pickup trucks, motorcycles and other types and/or sizes as may be approved bythe Board of Selectmen.SMALL BUSINESS ESTABLISHMENTAny business or professional office or business enterprise with not more than five full-time employees, including owners and managers.SOLID WASTEAny solid, liquid, semisolid or contained gaseous material that is unwanted or discarded,including but not limited to material processed at a recycling facility.STORAGE BATTERYLead acid batteries or other batteries used in motor vehicles, such as automobiles,airplanes, boats, recreational vehicles, tractors and like applications.SWEROCThe Southwest Connecticut Regional Recycling Operating Committee created by theintercommunity agreement among the towns and cities in southwest Connecticut toestablish a regional recycling program.WASTE OILCrankcase oil that has been utilized in internal combustion engines.§225-3. Refuse and recyclable material disposal.All solid waste generated within the boundaries of the Town of Weston shall be disposed of atthe Town's transfer station site or other sites as may be designated or approved by the Boardof Selectmen. Any nonresidential generator of such waste shall submit a request fordesignation and approval of such other sites to the Board of Selectmen, which shall approve,disapprove or approve with conditions such other site within 60 days of the receipt of suchrequest.The Town of Weston shall provide, within the Town's transfer station site or sites, facilitiesfor receiving refuse, recyclables, bulky waste and demolition materials from residentialproperties by residents only and recyclables from small business establishments.In accordance with the Ordinance Regulating Recycling of Solid Waste in the Town ofWeston, Connecticut,[1] the Board of Selectmen designates the Town's transfer stationsite to be the location of the recycling center, and pursuant to § 22a-220a of theConnecticut General Statutes the Board of Selectmen designates the SWEROCIntermediate Processing Center as the facility where all recyclable glass, metal, plasticfood and beverage containers, newspaper and cardboard generated by residentialproperties within the Town of Weston shall be taken for processing. Unless the Board ofSelectmen has given written authorization therefor, the processing or sale of recyclablesfrom residential properties at any other processing facility shall be prohibited.Editor's Note: See Ch. 164, Solid Waste.All businesses and nonprofit organizations operating within the Town of Weston shallprovide the Board of Selectmen, on a form approved by it, with a quarterly accounting ofall items recycled by type, tonnage and method of disposal, if such items are deposited atlocations other than the Weston transfer station.Separation of recyclables.The following items shall be separated from other residential solid waste and shall bedelivered by licensed collectors or residents at locations designated within the transferstation site:

(a)(b)(c)(d)(e)(f)(g)(h)(i)(j)(a)(b)(c)(d)(e)(f)(g)(h)(i)(j)(k)(2)(1)(2)(3)(4)C.(a)(1)D.Glass food and beverage containers.Metal food and beverage containers.PET (polyethylene terephthalate) plastic food and beverage containers.HDPE (high-density polyethylene) plastic food and beverage containers.Newspaper.Cardboard.Scrap metal.Storage batteries.Waste oil.Such other items as may be designated by the Board of Selectmen.The following items shall be separated from other nonresidential solid waste and shall bedeposited by licensed collectors and/or small business establishments by temporarypermit, as per §225-6C hereof, at locations designated within the transfer station site orat the designated intermediate processing center or at a private processing centerapproved by the Board of Selectmen:Glass food and beverage containers.Metal food and beverage containers.PET (polyethylene terephthalate) plastic food and beverage containers.HDPE (high-density polyethylene) plastic food and beverage containers.Newspaper.Cardboard.Office paper.Scrap metal.Storage batteries.Waste oil.Such other items as may be designated by the Board of Selectmen.Preparation of recyclables.Glass, metal and plastic food and beverage containers shall be commingled in acollection container. All food and beverage containers shall be rinsed clean with allplastic and metal caps removed (labels may be left on). Glass food and beveragecontainers should be unbroken. Large plastic containers may be flattened to save space.Deposit for redemption beverage containers should not be crushed.HDPE plastic recyclable containers for nonhazardous materials such as motor oil anddetergent shall be well drained.Newspaper shall be separated from other recyclables, tied four ways with string or twinein bundles approximately eight inches in height and kept dry.Cardboard (corrugated) and kraft paper containers shall be flattened and tied in bundles.Unacceptable materials.The following materials will not be accepted for disposal at the Town's transfer stationsite:Leaves, brush, and yard waste.

(b)(c)(d)(e)(f)(2)(a)(b)(c)(1)(a)(b)(c)(d)(2)(a)(b)(3)(4)(5)A.B.C.Stumps.Hazardous waste.Septage.Explosives.Fill.Refuse and recyclables collected outside the Town of Weston will not be accepted at theTown's transfer station site.§225-4. Collection and delivery of refuse and recyclables.The following solid waste items may be collected within Weston and delivered to thedesignated transfer station site as follows:Refuse.Collection by licensed collectors between 6:00 a.m. and 6:30 p.m. Monday throughFriday.Delivery by licensed collectors between 8:00 a.m. and 3:30 p.m. Monday throughFriday.Delivery by residents between 8:00 a.m. and 4:00 p.m. Monday through Friday and9:00 a.m. and 3:00 p.m. Saturday.Glass, metal and designated plastic food and beverage containers and newspapers(bundled).Collection by licensed collectors between 6:00 a.m. and 6:30 p.m. Monday throughFriday and 8:00 a.m. and 4:00 p.m. Saturday.Delivery by licensed collectors between 8:00 a.m. and 4:00 p.m. on Wednesdays,Thursdays and Fridays.Delivery by residents between 8:00 a.m. and 4:00 p.m. Monday through Friday and9:00 a.m. and 3:00 p.m. Saturday.Delivery by owners or operators of small business establishments between 8:00 a.m.and 3:30 p.m. Monday through Friday. (See §225-6C hereof.)Cardboard and office paper.Delivery by residents 8:00 a.m. to 4:00 p.m. Monday through Friday and 9:00 a.m. to3:00 p.m. Saturday.Delivery by the owners or operators of small business establishments between 8:00a.m. and 3:30 p.m. Monday through Friday. (See §225-6C.)Scrap metal, storage batteries and waste oil: delivery by residents 8:00 a.m. to 4:00 p.m.Monday through Friday and 9:00 a.m. to 3:00 p.m. Saturday.Bulky waste, tires and demolition material: delivery by residents Wednesday 8:00 a.m. to4:00 p.m. and Saturday 9:00 a.m. to 3:00 p.m.No collectors or vehicles with commercial plates will be allowed to use the designated transferstation site on Saturdays without the prior approval of the First Selectman or TownAdministrator, upon four hours' notice.The transfer station will be closed on Sundays and on holidays designated by the Board ofSelectmen.§225-5. License required.

A.[1]B.C.A.B.C.(a)(b)(c)(d)(e)(1)[1](2)D.A.It shall be unlawful for any person not licensed by the Town of Weston to engage in thebusiness of collecting, transporting or disposing of refuse or recyclables generated within theTown for compensation. Nonprofit organizations that collect recyclables for fund-raisingpurposes shall be exempt from the fee provisions of these regulations.Each person desiring to engage in the collection, transportation or disposal of refuse and/orrecyclables for hire within the Town shall make a written application to the Board of Selectmenor its authorized agent on a form provided for that purpose, setting forth the name of suchperson, such person's address or address of place of business and a description of theequipment to be used in such collection, transportation or disposal of refuse and/orrecyclables. The application shall be accompanied by a certificate of public liability insurancein an amount not less than $100,000/$500,000 and a certificate of workers' compensationinsurance in accordance with the state law.[1]Editor's Note: Amended at time of adoption of Code (see Ch. 205, Adoption of Regulations,Art. I).Each license issued by the Town shall expire on the 30th day of June each year. Licensesshall be renewed annually in the same manner upon payment of the license fee. Licenses arenontransferable and nonassignable.§225-6. Permit and disposal fees.The Board of Selectmen shall set a permit fee for each vehicle used by a collector or by anoccupant of residential property used to collect, transport and dispose of refuse and/orrecyclables. The Board of Selectmen may adjust such permit fee from time to time to offsetthe operational costs incurred by the Town. Each permit issued by the Town shall expire onthe 30th day of June of each year. Permits shall be renewed annually in the same mannerupon payment of the applicable permit fee. Permits are nontransferable.Individuals wishing to dispose of refuse, recyclables or bulky waste generated within theresidential property which they occupy within the Town of Weston must obtain a permit (decal)to enter the designated transfer station site. Permits (decals) may be issued for not more thantwo vehicles per dwelling unit.Small business establishments wishing to dispose of glass, metal and plastic food andbeverage containers, newspaper, cardboard and office paper only on a periodic basis mayobtain a temporary permit which shall be valid for one day only. Temporary permits may beissued no more frequently than once a month. The party seeking the permit shall identify theitems to be disposed of, their volume or quantity, and the vehicle to be used to deliver theitems to the transfer station site.Disposal fees.The Board of Selectmen shall establish a schedule of fees for:The disposal of refuse, bulky waste, tires and demolition material by residents.The disposal of refuse by collectors.The disposal of recyclables by residents.The disposal of recyclables by collectors.The disposal of certain designated recyclables by small business establishments.The schedule of fees, Schedule A, shall be a part of these regulations.[1]Editor's Note: Schedule A is on file in the Clerk's office.§225-7. Collection vehicles.Vehicles used to collect refuse and/or recyclables shall be of the covered type designed tokeep the contents dry and constructed to prevent leakage, access of flies, or the scattering ofthe contents. They shall be kept clean and in proper operating condition.

B.[1](1)(2)C.D.E.F.G.H.A.B.C.D.E.F.G.H.I.Vehicle bodies used to collect and transport refuse may not be used to transport recyclablesand vice versa.Before any vehicle is employed in the collection of refuse and/or recyclables by a collector,the Board of Selectmen shall require the following written approvals:The Department of Energy and Environmental Protection shall confirm that the vehiclemeets the health requirements of this section.[1]Editor's Note: Amended at time of adoption of Code (see Ch. 205, Adoption ofRegulations, Art. I).The Weston Police Department shall confirm that the vehicle meets all State ofConnecticut motor vehicle requirements and is in good working condition.Prior to obtaining a collector's license or renewing a collector's license, all vehicles to be usedfor collection and transport shall be inspected by the Weston Police Department to see thatthey meet all state motor vehicle requirements and are in good working order.All collectors' vehicles shall be kept clean and free from exterior debris. All seals shall bemaintained to prevent leakage and shall be covered to prevent littering and keep contents dry.All collectors' vehicles shall be clearly marked on the two front doors with the name, addressand telephone number of the collector in lettering not less than three inches in height andmust display the Town of Weston's identification decal on the front right windshield.All residential vehicles using the designated transfer station must display the Town ofWeston's identification decal on the front right windshield.Town of Weston vehicles may collect from Town government agencies and transport anddispose of solid waste, including recyclables, at the designated transfer station or at a siteapproved by the Board of Selectmen.§225-8. Violations; penalties for offenses.It shall be unlawful for any person, except for nonprofit organizations exempted by §225-5,who is not licensed by the Town of Weston, in accordance with these regulations, to engagein the business of collecting, delivering, transporting or disposing of refuse and/or recyclablesin the Town of Weston for compensation.It shall be unlawful for any person not authorized and/or licensed by the Town to collect ortake recyclables which have been placed outside or otherwise set aside for collection withinthe Town of Weston.No person shall deposit at the designated transfer station any refuse containing anyrecyclables. The Town retains the right to inspect any refuse deposited at the transfer stationand to reject said refuse if it is found to contain substantial amounts (more than one cubic footper load) of recyclables.No person shall deposit any recyclables contaminated or mixed with refuse or othernonrecyclables at the designated transfer station site.No collector shall be required to take refuse from a residence or place of business within theTown that contains any recyclables.Any person who violates any provision of these regulations shall, in addition to other legalremedies of the Town of Weston and the State of Connecticut, be fined not more than $100for each offense, and each act of collecting, transporting or disposing of solid waste shall be aseparate violation.Whenever a licensed collector or resident persistently violates the provisions of theseregulations, the Board of Selectman may suspend its license or his or her permit.Any business establishment that violates any provision of these regulations may be fined notmore than $500 for each offense.All collectors licensed under these regulations shall be notified by certified mail of theprovisions made for the collection and delivery of the items which are required to be recycled

[1]A.B.C.D.by state and local laws, ordinances, and regulations. After the mailing of such notice, anycollector, pursuant to Public Act No. 90-249,[1] that knowingly mixes other solid waste withitems designated for recycling shall, for a first violation, be liable for a civil penalty of not morethan $1,000 and, for each subsequent violation, be liable for a civil penalty of not more than$5,000. At the request of the Commissioner of Energy and Environmental Protection, theTown of Weston or the Attorney General may bring an action, pursuant to Public Act No. 90-249, as amended and/or supplemented, to enforce this penalty.Editor's Note: See §22a-220d of the Connecticut General Statutes.§225-9. Severability.The invalidity of any section or provision of these regulations shall not affect the validity of anyother part, which shall be given effect to the extent it is possible to do so without reference to suchinvalid part or parts.Chapter 227. Storm Sewers[HISTORY: Adopted by the Board of Selectmen of the Town of Weston 12-6-2018, effective 12-29-2018. Amendments noted where applicable.]§227-1. Purpose/intent.The purpose of this chapter is to provide for the health, safety, and general welfare of the citizensof Weston through the regulation of nonstormwater discharges to the storm drainage system tothe maximum extent practicable as required by federal and state law. This chapter establishesmethods for controlling the introduction of pollutants into the municipal separate storm sewersystem ("MS4") in order to comply with requirements of the National Pollutant DischargeElimination System ("NPDES") permit process. The objectives of this chapter are:To regulate the contribution of pollutants to the storm drainage system through stormwaterdischarges by any user;To prohibit and eliminate illicit connections and discharges to the storm drainage system;To establish legal authority to carry out all inspection, surveillance and monitoring proceduresnecessary to ensure compliance with this chapter; andTo ensure compliance with the State of Connecticut Department of Energy and EnvironmentalProtection ("DEEP") General Permit for the Discharge of Stormwater from Small MunicipalSeparate Storm Sewer Systems on January 20, 2016, effective July 1, 2017.§227-2. Definitions.For the purposes of this chapter, the following definitions shall apply:BEST MANAGEMENT PRACTICES (BMPS)Schedules of activities, prohibition of practices, general good housekeeping practices,pollution prevention and educational practices, maintenance procedures, and othermanagement practices to prevent or reduce the discharge of pollutants directly or indirectly tostormwater, receiving waters, or stormwater conveyance systems. BMPs also includetreatment practices, operating procedures, and practices to control site runoff, spillage orleaks, sludge or water disposal, or drainage from raw materials storage.CLEAN WATER ACTThe federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.), and any subsequentamendments thereto.CODE ENFORCEMENT OFFICERThe Compliance Officer for the Town of Weston.CONSTRUCTION ACTIVITY

Activities subject to NPDES construction permits. Currently these include constructionprojects resulting in land disturbance of five acres or more. Beginning in March 2003, NPDESstormwater phase II permits have been required for construction projects resulting in landdisturbance of one acre or more. Such activities include but are not limited to clearing andgrubbing, grading, excavating, and demolition.FACILITYAny building, lot, parcel of land, or portion of land whether improved or unimproved, includingadjacent sidewalks and parking strips.FIRST SELECTMANThe First Selectman of the Town of Weston or his/her authorized designee.HAZARDOUS MATERIALSAny material, including any substance, waste, or combination thereof, which because of itsquantity, concentration, or physical, chemical, or infectious characteristics may cause, orsignificantly contribute to, a substantial present or potential hazard to human health, safety,property, or the environment when improperly treated, stored, transported, disposed of, orotherwise managed.ILLEGAL DISCHARGEAny direct or indirect nonstormwater discharge to the storm drain system, except asexempted in §227-7 of this chapter.ILLICIT CONNECTIONSAny drain or conveyance, whether on the surface or subsurface, which allows an illegaldischarge to enter the storm drain system including, but not limited to, any conveyanceswhich allow any nonstormwater discharge including sewage, process wastewater, and washwater to enter the storm drain system and any connections to the storm drain system fromindoor drains and sinks, regardless of whether said drain or connection had been previouslyallowed, permitted, or approved by the First Selectman; any drain or conveyance connectedfrom a commercial or industrial land use to the storm drain system which has not beendocumented in plans, maps, or equivalent records and approved by the First Selectman orother public official or body having jurisdiction thereof.INDUSTRIAL ACTIVITYActivities subject to NPDES industrial permits as defined in 40 CFR 122.26(b)(14).NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) STORM WATERDISCHARGE PERMITA permit issued by EPA [or by a state under authority delegated pursuant to 33 USC§1342(b)] that authorizes the discharge of pollutants to waters of the United States, whetherthe permit is applicable on an individual, group, or general area-wide basis.NONSTORMWATER DISCHARGEAny discharge to the storm drain system that is not composed entirely of stormwater.PERSONAn individual, association, organization, partnership, firm, corporation or other entityrecognized by law and acting as either the owner or as the owner's agent.POLLUTANTAnything which causes or contributes to pollution. Pollutants may include, but are not limitedto: paints, varnishes, and solvents; oil and other automotive fluids; nonhazardous liquid andsolid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded orabandoned objects, ordinances, and accumulations, so that same may cause or contribute topollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes;sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes;wastes and residues that result from constructing a building or structure; and noxious oroffensive matter of any kind.STORM DRAINAGE SYSTEM [also known as MUNICIPAL SEPARATE STORM SEWERSYSTEM or MS4]Publicly owned facilities by which stormwater is collected and/or conveyed, including but notlimited to any roads with drainage systems, municipal streets, gutters, curbs, inlets, pipedstorm drains, pumping facilities, retention and detention basins, natural and human-made oraltered drainage channels, reservoirs, and other drainage structures.STORMWATER

[1]A.(1)B.Any surface flow, runoff, and drainage consisting entirely of water from any form of naturalprecipitation, and resulting from such precipitation.STORMWATER POLLUTION PREVENTION PLANA document that describes the best management practices and activities to be implementedby a person or business to identify sources of pollution or contamination at a site and theactions to eliminate or reduce pollutant discharges to stormwater, stormwater conveyancesystems, and/or receiving waters to the maximum extent practicable.WASTEWATERAny water or other liquid, other than uncontaminated stormwater, discharged from a facility.WATERCOURSEA permanent or intermittent stream or other body of water, either natural or manmade, whichgathers or carries surface water. This includes but is not limited to lakes, ponds, rivers,streams and any other surface water defined as a watercourse by the Town's inland wetlandregulations.[1]Editor's Note: See Ch. 215, Inland Wetlands and Watercourses Regulations.§227-3. Applicability.This chapter shall apply to all water entering the storm drain system generated on any developedand undeveloped lands unless explicitly exempted by the First Selectman or Code EnforcementOfficer in accordance with §227-7B of this chapter.§227-4. Responsibility for administration.The First Selectman and the Code Enforcement Officer shall administer, implement, and enforcethe provisions of this chapter. The First Selectman may delegate his/her powers and duties underthis chapter to an authorized designee.§227-5. Severability.The provisions of this chapter are hereby declared to be severable. If any provision, clause,sentence, or paragraph of this chapter or the application thereof to any person, establishment, orcircumstances shall be held invalid, such invalidity shall not affect the other provisions orapplication of this chapter.§227-6. Ultimate responsibility.The standards set forth herein and promulgated pursuant to this chapter are minimum standards;therefore this chapter does not intend nor imply that compliance by any person will ensure thatthere will be no contamination, pollution, nor unauthorized discharge of pollutants.§227-7. Discharge prohibitions.Prohibition of illegal discharges. No person shall discharge or cause to be discharged into thestorm drainage system any materials, including, but not limited to, pollutants or waterscontaining any pollutants that cause or contribute to a violation of applicable water qualitystandards, other than stormwater.Exceptions.The following discharges, provided that they do not contribute to a violation of waterquality standards and are not significant contributors of pollutants to the storm drainagesystem: uncontaminated ground water discharges including, but not limited to, pumpedgroundwater, foundation drains, water from crawl space pumps and footing drains;irrigation water including, but not limited to, landscape irrigation and lawn watering runoff;

(2)(3)(4)(1)(2)(3)C.A.(1)(2)B.residual street wash water associated with sweeping; discharges or flows from firefightingactivities (except training); and naturally occurring discharges such as rising groundwaters, uncontaminated groundwater infiltration [as defined at 40 CFR 35.2005(20)],springs, diverted stream flows and flows from riparian habitats and wetlands.Discharges specified in writing by the First Selectman as being necessary to protectpublic health and safety.Dye testing, provided that a written notification has been provided to the CodeEnforcement Officer prior to the time of the test. Said written notification may be in theform of electronic mail, facsimile transmission or hard copy letter format.Any nonstormwater discharge permitted under an NPDES permit, waiver, or wastedischarge order issued to the discharger and administered under the authority of theFederal Environmental Protection Agency, provided that the discharger is in fullcompliance with all requirements of the permit, waiver, or order and other applicable lawsand regulations, and provided that written approval has been granted for any dischargeto the storm drain system.Prohibition of illicit connections.The construction, use, maintenance or continued existence of illicit connections to thestorm drain system is prohibited.This prohibition expressly includes, without limitation, illicit connections made in the past,regardless of whether the connection was permissible under law or practices applicableor prevailing at the time of connection.A person is considered to be in violation of this chapter if the person connects a lineconveying sewage to the storm drainage system, or allows such a connection tocontinue.§227-8. Suspension of storm drainage system access.Suspension due to illicit discharges in emergency situations. The First Selectman may,without prior notice, suspend storm drainage system discharge access to a person when suchsuspension is necessary to stop an actual or threatened discharge which presents or maypresent imminent and substantial danger to the environment, or to the health or welfare ofpersons, or to the storm drainage system or waters of the United States. If the violator fails tocomply with a suspension order issued in an emergency, the First Selectman may take suchsteps as deemed necessary to prevent or minimize damage to the storm drainage system orwaters of the United States, or to minimize danger to persons.Suspension due to the detection of illicit discharge.Any person discharging to the storm drainage system in violation of this chapter mayhave their storm drainage system access terminated if such termination would abate orreduce an illicit discharge. The Code Enforcement Officer will notify a violator of theproposed termination of its storm drainage system access. The violator may petition theCode Enforcement Officer for reconsideration and hearing.A person commits an offense if the person reinstates storm drainage system accessterminated pursuant to this subsection, without the prior approval of the CodeEnforcement Officer.§227-9. Industrial or construction activity discharges.Any person subject to an industrial or construction activity NPDES stormwater discharge permitshall comply with all provisions of such permit. Proof of compliance with said permit may berequired in a form acceptable to the Code Enforcement Officer prior to the allowing of dischargesto the storm drainage system.§227-10. Monitoring of discharges.

A.(1)(2)(3)(4)(5)(6)(7)B.Applicability. This section applies to all facilities that have stormwater discharges.Access to facilities.Upon the consent of facility owners, the Code Enforcement Officer shall be permitted toenter and inspect facilities subject to regulation under this chapter as often as may benecessary to determine compliance with this chapter. If a discharger has securitymeasures in force which require proper identification and clearance before entry into itspremises, the discharger shall make the necessary arrangements to allow access to theCode Enforcement Officer.Facility operators shall allow the Code Enforcement Officer ready access to all parts ofthe facility for the purposes of inspection, sampling, examination and copying of recordsthat must be kept under the conditions of a town, state or federal NPDES permit todischarge stormwater, and the performance of any additional duties as defined by stateand federal law.The Code Enforcement Officer shall have the right to set up on any NPDES permittedfacilities such devices as are necessary in the opinion of the Code Enforcement Officer toconduct monitoring and/or sampling of the facility's stormwater discharge.The Code Enforcement Officer has the right to require the installation of sampling andmonitoring equipment on any NPDES permitted facility by the discharger at its ownexpense. The facility's sampling and monitoring equipment shall be maintained at alltimes in a safe and proper operating condition by the discharger at its own expense. Alldevices used to measure stormwater flow and quality shall be calibrated to ensure theiraccuracy.Any temporary or permanent obstruction to safe and easy access to the facility to beinspected and/or sampled shall be promptly removed by the operator at the written ororal request of the Code Enforcement Officer and shall not be replaced. The costs ofclearing such access shall be borne by the operator.Unreasonable delays in allowing the Code Enforcement Officer access to a permittedfacility is a violation of a stormwater discharge permit and of this chapter. A person who isthe operator of a facility with a NPDES permit to discharge stormwater associated withindustrial activity commits an offense if the person denies the Code Enforcement Officerreasonable access to the permitted facility for the purpose of conducting any activityauthorized or required by this chapter.If the Code Enforcement Officer has been refused access to any part of the facility fromwhich stormwater is discharged, and he/she is able to demonstrate probable cause tobelieve that there may be a violation of this chapter, or that there is a need to inspectand/or sample as part of a routine inspection and sampling program designed to verifycompliance with this chapter or any order issued hereunder, or to protect the overallpublic health, safety, and welfare of the community, then the Code Enforcement Officermay seek issuance of a search warrant from any court of competent jurisdiction.§227-11. Requirement to prevent, control and reduce stormwaterpollutants by the use of best management practices.The First Selectman will adopt requirements identifying best management practices for anyactivity, operation, or facility which may cause or contribute to pollution or contamination ofstormwater, the storm drainage system, or waters of the United States. The owner or operator of acommercial or industrial establishment shall provide, at their own expense, reasonable protectionfrom accidental discharge of prohibited materials or other wastes into the storm drainage systemor watercourses through the use of these structural and nonstructural BMPs. Further, any personresponsible for a property or facility, which is, or may be the source of an illicit discharge, may berequired to implement, at said person's expense, additional structural and nonstructural BMPs toprevent the further discharge of pollutants to the storm drainage system as directed by the FirstSelectman. Compliance with all terms and conditions of a valid NPDES permit authorizing thedischarge of stormwater associated with industrial or construction activity, to the extentpracticable, shall be deemed compliant with the provisions of this subsection. These BMPs shallbe part of a stormwater pollution prevention plan (SWPP) as necessary for compliance withrequirements of the NPDES permit.

(1)(a)(b)(c)(d)(e)(f)(g)(2)(3)(4)(5)A.§227-12. Watercourse protection.Every person owning property through which a watercourse passes, or such person's lessee, shallkeep and maintain that part of the watercourse within the property free of trash, debris, excessivevegetation, and other obstacles that would pollute, contaminate, or significantly retard the flow ofwater through the watercourse. In addition, the owner or lessee shall maintain existing privatelyowned structures within or adjacent to a watercourse, so that such structures will not become ahazard to the use, function, or physical integrity of the watercourse.§227-13. Notification of spills.Notwithstanding other requirements of law, as soon as any person responsible for a facility oroperation, or responsible for emergency response for a facility or operation has information of anyknown or suspected release of materials which are resulting or may result in illegal discharges orpollutants discharging into stormwater, the storm drainage system, or water of the United States,said person shall take all necessary steps to ensure the discovery, containment, and cleanup ofsuch release. In the event of such a release of hazardous materials said person shall immediatelynotify emergency response agencies of the occurrence via emergency dispatch services. In theevent of a release of nonhazardous materials, said person shall notify the Code EnforcementOfficer in person or by phone, electronic mail or facsimile no later than the next business day.Notifications in person or by phone shall be confirmed by written notice addressed and mailed tothe Code Enforcement Officer within three business days of the notice. If the discharge ofprohibited materials emanates from a commercial or industrial establishment, the owner oroperator of such establishment shall also retain an on-site written record of the discharge and theactions taken to prevent its recurrence. Such records shall be retained for at least three years.§227-14. Enforcement.Notice of violation.Whenever the Code Enforcement Officer finds that a person has violated a prohibition orfailed to meet a requirement of this chapter, he or she shall order compliance by writtennotice of violation to the responsible person.Said notice of violation may require, without limitation:The performance of monitoring, analyses, and reporting;The elimination of illicit discharges or connections;That violating discharges, practices, or operations shall cease and desist;The abatement or remediation of stormwater pollution or contamination hazards andthe restoration of any affected property;Suspension of any discharge to the storm drainage system consistent with §227-8of this chapter;The implementation of source control or treatment BMPs; andPayment of a fine to recover administrative and remediation costs.If abatement of a violation and/or restoration of affected property are required, the noticeshall set forth a deadline within which such remediation or restoration must becompleted.Where elimination of an illicit discharge or connection is not possible within 60 days, aschedule for its elimination will be set for no more than 180 days.Said notice of violation shall include a statement informing the violator that, should theviolator fail to remediate or restore within the established deadline, the CodeEnforcement Officer may order the work be done by a designated governmental agencyor a contractor and the expense thereof shall be charged to the violator.

(6)B.(1)(2)C.Any notice of violation issued pursuant to this subsection shall be served by handdelivery, certified mail return receipt requested, leaving a true and attested copy of thecitation at the usual place of abode or residence of the person in violation, or in the caseof a corporate or business entity, delivery to the business address or the address of thestatutory agent of said entity.Issuance of citations. The Code Enforcement Officer may issue a citation and fine in theamount of $250 per day of continuing violation to any person who violates this chapter, inaccordance with the procedures established in Chapter 39 of the Town of Weston Code ofOrdinances.Payment of fines.All fines imposed under this chapter which are uncontested shall be made payable to theTown of Weston and shall be received by the Code Enforcement Officer within 10business days from receipt of the citation. All fines collected by the Code EnforcementOfficer shall be deposited into the Town of Weston General Fund.If no payment is received for any fine imposed under this chapter within the time allowedfor payment, then the Code Enforcement Officer shall act in accordance with theprocedures established in Chapter 39 of the Town of Weston Code of Ordinances.§227-15. Citation hearing procedure.The hearing procedure for any citation issued pursuant to this chapter shall be in accordance withthe procedures established in Chapter 39 of the Town of Weston Code of Ordinances.§227-16. Appeal to Superior Court.Any person or entity aggrieved by a finding, determination, notice order or action taken under theprovisions of this chapter may appeal and shall be advised of his right to appeal in accordancewith the procedures established in Chapter 39 of the Town of Weston Code of Ordinances.§227-17. Injunctive relief.It shall be unlawful for any person to violate any provision or fail to comply with any of therequirements of this chapter. If a person has violated or continues to violate the provisions of thischapter, the Code Enforcement Officer may petition for a temporary or permanent injunctionrestraining the person from activities which would create further violations or compelling theperson to perform abatement or remediation of the violation.§227-18. Compensatory action.In lieu of enforcement proceedings, penalties, and remedies authorized by this chapter, the CodeEnforcement Officer may impose upon a violator alternative compensatory actions, such as stormdrain stenciling, attendance at compliance workshops, watershed cleanup, or other relatedactivities.§227-19. Violations deemed a public nuisance.In addition to the enforcement processes and penalties provided, any condition caused orpermitted to exist in violation of any of the provisions of this chapter is a threat to public health,safety, and welfare, and is declared and deemed a nuisance, and may be summarily abated orrestored at the violator's expense, and/or a civil action to abate, enjoin, or otherwise compel thecessation of such nuisance may be taken.§227-20. Criminal prosecution.

A.B.C.Any person that has violated or continues to violate this chapter shall be liable to criminalprosecution to the fullest extent of the law. The Code Enforcement Officer may recover allattorneys' fees, court costs, and other expenses associated with enforcement of this chapter,including sampling and monitoring expenses.§227-21. Remedies not exclusive.The remedies listed in this chapter are not exclusive of any other remedies available under anyapplicable federal, state or local law and it is within the discretion of the Code Enforcement Officerto seek cumulative remedies.Chapter 230. Subdivision Regulations[HISTORY: Adopted by the Planning and Zoning Commission of the Town of Weston effective 9-1-1984 (Appendix B of the 1981 Code). Amendments noted where applicable.]GENERAL REFERENCESPlanning and Zoning Commission—See Ch. 18, Art. I.Building construction—See Ch. 23.Numbering of buildings—See Ch. 27.Driveways—See Ch. 51.Land use fees—See Ch. 70, Art. I.South Western Regional Planning Agency—See Ch 167.Aquifer protection area regulations—See Ch. 207.Floodplain management regulations—See Ch. 212.Inland wetlands and watercourses regulations—See Ch. 215.Zoning regulations—See Ch. 240.PREAMBLEThe Town of Weston, Connecticut, is a rural residential community comprising 13,626 acres. Thisland presently supports approximately 3,025 households with domestic water and sewagedisposal systems and may be a future source of public drinking water for other communities.Much of the available, undeveloped land poses problems for development and for on-site sewagedisposal. Major technical studies and adopted public policies concur on the necessity ofpreventing the overintensive development of Weston's fragile land and water area. [Amended 3-16-1987]ATTACHMENTS230a App I Soils Limited Suitability for Dev230b App II Ref Materials Subdiv RegsArticle I. General Provisions§230-1. Authority.In accordance with authority granted by the General Statutes of Connecticut, §8-25 et seq., §8-2b and other relevant sections, the following regulations are hereby adopted as the amendedSubdivision Regulations of the Town of Weston.§230-2. Purpose.In order to more fully protect the health and safety of the community, the Commission recognizesthe need to:Prevent contamination of drinking water sources.Provide flood management measures where needed.Control erosion and sedimentation.

D.E.F.A.B.C.A.B.A.B.Encourage energy-efficient development.Preserve open space and plan for future recreational needs.Develop a safe and convenient system for traffic and emergency service needs.§230-3. Applicability; conflicts.These regulations govern the subdivision and resubdivision of land within the Town of Westonpursuant to the provisions of the General Statutes as amended.No subdivision or resubdivision of land shall be made and no land in any subdivision orresubdivision proposed to the Commission shall be conveyed until a subdivision plan hasbeen prepared in accordance with these regulations and formally endorsed with approval bythe Weston Planning and Zoning Commission. For regulation of construction and landalteration see §230-7.In the event of a conflict between any provision of these regulations and any other code,ordinance or regulation of the Town of Weston, the more restrictive provision shall be deemedto apply.§230-4. Severability.Should any article, section or provision of these regulations, as contained herein or as hereafteramended, be adjudged by a court of competent jurisdiction to be invalid or unconstitutional, theadjudication shall pertain only to the article, section or provision so adjudged, and the remainderof the regulations shall remain valid and effective.§230-5. When effective.These regulations, and all amendments thereto, shall become effective at such time as may beestablished by the Commission in accordance with the requirements of the General Statutes.Article II. Application Procedures§230-6. Complete application required.An application for subdivision or resubdivision shall not be accepted for consideration andaction until the Commission has verified that all data required by these regulations has beensubmitted in proper form. Data necessary for consideration is listed in § 230-9A to L(11).Further data necessary for approval is listed in §230-9L(12) to S.A determination by the Commission that a pending application is deficient in prescribed datashall be cause for nonconsideration of the application. In the event of nonconsideration, theCommission shall state its reasons in writing and refund the application fee.§230-7. Unauthorized construction.No land clearing, regrading, excavation, or construction of facilities which may affect thearrangement of streets or lots shall be done on a proposed subdivision site until the finalsubdivision plan has been approved by the Commission. The installation of test pits andnecessary clearing for surveying shall be exceptions to this rule.Any unauthorized site work commenced after submission of a subdivision plan shall beconsidered cause for immediate denial.

A.B.(1)(2)(3)(4)(5)(6)(7)C.A.B.C.(1)(2)D.§230-8. Preliminary discussion.To provide helpful guidelines to applicants, informal discussion of subdivision plans is stronglyrecommended.It is suggested that each applicant submit for advance review by the Commission apreliminary subdivision proposal. Such preliminary proposal shall be a tentative proposal only,for the sole purpose of clarifying and guiding the design of the subdivision plan to be latersubmitted as an application.The Commission recommends that the preliminary proposal be based on an accurate surveyof the property, at a scale suitable for the eventual subdivision plan, and prepared by aregistered engineer or land surveyor. The following data should be shown in map form orincluded at the same scale as attachments:Map showing the location of the subdivision in the Town.Scale of plan, compass points, and names and addresses of owner(s), developer,engineer and surveyor. Reference by note to previous subdivision plans or survey mapsfiled in Town land records, by file map number and file date.Tentative layout of lots, with lot numbers, area of each lot and parcel in acres, and totalacreage of subdivision.Accurate boundaries of the property; the approximate area, dimensions and location ofall other land belonging to the owner or developer located adjacent to and across thestreet from the proposed subdivision; the names of the owners of record of adjacentproperties and properties across the road; and any easements, deed restrictions, rights-of-way and other limitations affecting the property.Location and names of existing roads, location and layout of all proposed roads, andtheir relation to recommended roads shown on the Town Plan of Development and theWeston Roads Analysis.Proposed open space reservations.A general plan for proposed storm drainage and retention facilities.§230-9. Contents of subdivision application.The following materials shall be submitted with the application for the application to be consideredby the Commission:An application form, furnished by the Commission, properly completed and signed by theowner(s) of the property. If the owner(s) is to be represented by others, a letter authorizingsuch representation, signed by the owner(s), shall accompany the application.The fee for each application as prescribed by the General Statutes, payable to the Town ofWeston.For all subdivision applications which will require a public hearing (see §230-11D), a list ofthe correct names and addresses of all owners of record of adjacent properties and propertiesacross the road(s), with the stamped addressed envelopes to be sent to them.Map of natural features and existing site conditions, prepared by a professional engineer orsurveyor, at a scale identical to the proposed subdivision plan, delineating the followinginformation where applicable:Topography from field, aerial or partial survey referenced to the aerial survey mapsprepared for the Town of Weston dated September 1981, at a contour interval of five feetor less, except at contour intervals of two feet where said land lies within wetlands orfloodplains.Drainage basin divides, locating the watersheds of all perennial streams and allsignificant intermittent streams and drainage courses, and including on-site surveylocations of all wetland boundaries.

(3)(4)(5)(6)(7)(8)E.(1)[1][2](a)(b)(c)(d)(2)F.Floodplains, showing the boundaries of the floodway and the boundaries of the one-hundred-year flood hazard area, as mapped for the Town's flood insurance program. Theextent of any disagreement between the aerial survey maps prepared for the Town ofWeston dated September 1981 and the federal flood map data, as amended, should beidentified.Stratified drift aquifers underlying the site; see the Water Resources Inventory ofConnecticut No. 4, Southwestern Coastal River Basins.Protection zones and critical planning units, as such areas are designated in the WestonEnvironmental Resources Manual.Property boundaries of the site, and streams, ponds, marshes, ledges, trails, roads,driveways, stone walls, fence lines, dams, buildings and other structures, wells andseptic systems, drainage pipes and structures, and any area, structure or featuredesignated by the Conservation Commission or the Historic District Commission forspecial protection.A locus accurately drawn to determine the location of the subdivision in the Town.Areas adjacent to a proposed subdivision shall be mapped within 200 feet of theboundaries of a site smaller than 10 acres, within 300 feet of a site between 10 and 25acres, and within 500 feet of a larger site. Data to be included, where available, shallinclude ponds, wetlands, floodplains, streams, well fields, septic areas, roads, driveways,and constructed drainage systems (noting pipe sizes). Data shall be compiled fromavailable Town and Westport-Weston Health District maps. A note on the map shallidentify this data as having been compiled from other maps and not from direct survey.Written report from developer on suitability of proposed sewage disposal systems for each lot,including written recommendations of the District Health Director.[Amended 3-16-1987]Construction plans for new roads, changes in existing roads, construction or reconstruction ofdrainage systems or other structures.The design of roadways, drainage systems, structures and other constructed facilitiesshall conform to all requirements of the Standard Specifications for Subdivision RoadConstruction and of these regulations.In addition to meeting the requirements of §230-10, the construction plan shall show theaccurate location, layout and necessary construction details of the following:Proposed new roads and reconstruction of existing roads.A coordinated plan map and profile drawing shall show existing topography(two-foot contour intervals or less), right-of-way dimensions, proposed roadwaycenter-line elevations with stations every 50 feet, proposed pavement area,necessary horizontal and vertical curve data, sight lines, and percent grade onall finished surfaces.Proposed pedestrian walkways, bus stop areas, driveway aprons, and utilityfacilities shall be shown.Plan-profile maps shall also show the entire proposed drainage system, includingdrainage easements, curbs, porous shoulders, ditches and swales, catch basins,manholes, culverts, pipes, discharge channels, weirs, retention basins and the like,with notes identifying all drainageway slopes, pipe sizes, spillway and invertelevations.Typical cross sections of all roads and open drainage channels, showingconstruction details of subbase, base and top course and methods of stabilizing allslopes. Individual cross sections showing center line, paved area, shoulders, curbs,drainageways, top and toe of all slopes, pipes and other structures, pedestrianways(if any), rights-of-way and slope easement boundary areas shall be provided atstations every 100 feet or less wherever linear grades exceed 5% or wherever cutsor fills exceed the right-of-way or require retaining structures.Detailed plans for construction at proposed intersections with existing roads,including existing and proposed grades, curblines, center lines, right-of-way area onboth sides of road, required sight lines, paved area and all data specified in

(e)(f)G.(1)(2)(3)(4)H.I.J.K.(1)(2)(3)(4)(5)L.Subsection F(2)(a) through (c) above. Plan area shall include all of the existing roadwithin required sight line distances.Detailed drawings indicating dimensions, types of materials and construction detailsfor all proposed structures and constructed facilities (wherever planned or required),including bridges, culverts, retaining walls, drainage swales, retention basins, ponds,dams and spillways, sidewalks, curbs, manholes and catch basins, fences and guiderails, fire hydrants, shelters, utility stations, water and sewer systems, signs andstreetlights.Proposed water supply and sanitary sewer systems.Erosion control and stormwater retention plan showing all areas of earth disturbance,reconstructed land contours, and measures to be carried out to implement the requirementsof §230-22, together with required engineer's report and runoff calculations. Planned controlmeasures to achieve zero increase in volume and rate of peak storm runoff, to minimizeerosion and siltation during construction, and to prevent long-term soil erosion and depositionof sediment in watercourses, wetlands and other low lands (in accordance with the InlandWetland Regulations) shall be noted.A statement to the effect that stakes have been accurately placed in the field to assist theCommission's on-site inspection, marked as follows:Orange, with station numbers, every 50 feet along the center line of proposed roads andcommon driveways;Blue, at corners of proposed septic and reserve areas;Yellow, with lot number marking approximate house site location; andIf requested by the Commission, red, marking edges of wetlands, floodplains or otherareas of concern.Written authority for the Commission or its agents to walk the property for purposes ofinspection.Confirmation of applications to the Conservation Commission, Zoning Board of Appeals,Westport-Weston Health District, and for public utility service authorizations.For all subdivision plans proposing construction in or disturbance of land with special naturalcharacteristics for development (§ 230-13), a lot development plan showing where suchactivity is proposed and what kind of activity is proposed.Subdivision plan map showing:The name of the subdivision and the full extent of all lots and other parcels composingthe subdivision tract, with accurate distances and bearings of all boundary lines andproposed lot lines, and the area of each separate lot or parcel, in acres (nearesthundredth).The subdivision plan map shall show the approximate area, dimensions, and location ofall other land completely or partially owned by either the applicant, the developer or theowner of the area proposed for subdivision located contiguous to or across the streetfrom the proposed subdivision.[Amended 11-12-1987]Existing structures and significant natural or man-made features, where such items havenot been presented on a map of natural features. Structures and features to be mappedshall include those which are proposed to remain on the subdivision tract and thosewithin the stipulated distances in Subsection D(8), the latter to be compiled from Townand Westport-Weston Health District maps and not by direct survey.The names, location and layout of existing and proposed roads, with their relationship tothe Town Plan of Development and the Weston Roads Analysis, and easements andrights-of-way with notes as to their purpose. Accurate distances and bearings, arclengths and radii of all curves shall be included.Location and acreage of proposed open space parcels.

(6)(7)(8)(9)(a)(b)(c)(10)(11)(a)(b)(c)(d)(e)(f)(12)(13)(a)(b)(14)M.Minimum rectangle establishing required lot width, depth and building area, and minimumroad frontage stated as a total dimension from its component segments, each in fullconformity with the Town Zoning Regulations.Proposed wetland and slope encroachment lines and boundaries of other areas to beexcluded from development.Proposed location for driveway for each lot.A note providing that all electric and telephone lines shall be placed underground.Notes and references which specifically describe:Previous subdivisions or survey map(s) filed in the Town land records, by map filenumber and date.Zoning districts, if any (with boundaries shown if they intersect property).Existing deed restrictions, easements, covenants and other legal limitations affectingall of the property or any portions thereof as delineated on the plan map and filed inthe land records.Map showing the location of the subdivision in the Town.The following items are necessary for approval but need not accompany the application:Accurate location and description of existing and required monuments.Permanent monuments shall be placed no more than 500 feet apart on roads at allangle points, points of curve, and points of tangency and spaced to be within sight ofone another along lines entirely within the road right-of-way.Monuments shall be installed at all intersections of lot boundary lines and asnecessary to mark all easements.The locations of major changes in the directions of lot lines shall be indicated bymonuments.Stone walls, ledge rock, trees or other topographical features shall not be substitutedfor monuments. Where any such feature prevents proper installation of a requiredmonument, that monument shall be installed offset from its proper location, and theaccurate distances of offset shall be shown on the plan. Monuments shall be set withaccurate reference to a permanently identifiable fixed point or to the ConnecticutCoordinate System.Monuments for all roads, drainage easements, and open space parcels shall be ofstone or good reinforced concrete, not less than four inches square and 31/2 feetlong, with centers clearly marked; other monuments may be of suitable permanentmaterials approved by the Town Engineer. Each monument shall be installed so thatit rises no more than three inches above finished grade and does not form anobstruction.All monuments shall be set by a registered surveyor.A note which lists each of the supplementary plans required by the Commission.Utility lines.Where reconstruction or relocation of existing utility lines is required by a proposedsubdivision plan, the rebuilt lines shall be placed underground prior to theconveyance of any lot in the subdivision or completion of the proposed subdivisionroad, whichever comes first.Any line installed in a location not shown on the plan because of field conditionsshall be shown on an as-built plan submitted to the Commission before release ofbond.Required permits or written comments as to acceptability of the proposed plan from non-localregulatory authorities which exercise legal jurisdiction over any aspect of the proposed

(1)(2)N.O.P.(1)(2)(3)Q.R.S.T.A.B.C.subdivision, such as adjacent towns or the South Western Regional Planning Agency(SWRPA).Whenever a proposed subdivision includes land in another municipality, the Commissionshall, before approving such subdivision, submit it to SWRPA for review. Writtencomments from planning and zoning commissions or other agencies in any other towninvolved in the subdivision should also be on file to be considered.If, within 30 days after transmittal, a report is not received from the South WesternRegional Planning Agency, it shall be presumed that such agency approves of theproposed subdivision.Copies of required wetland or watercourse permits from the Weston ConservationCommission along with any conditions of approval which should be shown on the final mapand any other relevant supporting materials.Copies of variances pertaining to the subdivision that have been granted by the Zoning Boardof Appeals and copies of special permits pertaining to the subdivision granted by the ZoningBoard of Appeals (prior to February 1, 1984) or the Planning and Zoning Commission.A letter or written authorization from each public utility company whose facilities will beconnected to the subdivision agreeing to make such installations within the time authorized bythe Commission for completion of required construction work.Proposed conveyance agreements, in legal form acceptable to or prescribed by the Town, forall public parcels, including:Easements for storm drainage, utilities, sight lines, slope access, and conservationpurposes.Easements or title to open space parcels.Fee title to roadways (contingent on acceptance by the Town).Proposed conveyance agreements, ownership and maintenance covenants covering privateopen space parcels and other private reservations and commonly owned parcels.A comprehensive cost estimate, in itemized detail, prepared by the developer's engineer inconsultation with and in the form prescribed by the Town Engineer for all construction workand other improvements which will be required of the developer in order to complete thesubdivision plan as shown. (This will include such improvements as roads, bridges, culverts,weirs, retaining walls and fences, storm drainage facilities, retention ponds, community watersupply and sewage disposal systems, land contouring and planting, monuments, etc.)Statements from the Fire Marshal and the Chief of Police that there are adequate accessesfor emergency vehicles and that proposed roads are safe.[Added 3-16-1987]§230-10. Map standards.All maps and plans required to be submitted as part of the subdivision application shall be:Based on an accurate survey of the property which meets Class A-2 criteria of theConnecticut Technical Council, Inc. Survey maps shall bear the seal certifying that the data issubstantially correct in accordance with the cited criteria. Other map sheets drawn from thesurvey map shall be signed or sealed by the maker with the proper reference to the original orrevised survey map.Prepared with permanent ink on a stable Mylar film (three mils minimum, sheets 24 inches by36 inches or 12 inches by 18 inches) which meets criteria for filing in the Town land recordsand is also suitable for white print reproduction.Signed and marked with the seal of the professional engineer registered in Connecticut whowas responsible for the design of all planned improvements (i.e., roads, streets, drainagesystems, water supply and distribution systems, sewage disposal systems, ponds andretention basins, dams and retaining walls, culverts, storm sewers and other structures).

D.E.F.A.[1]B.(a)(b)(c)(d)(e)(1)(2)C.D.E.Drawn to the largest practicable decimal scale but not larger than one inch equals 40 feet norsmaller than one inch equals 100 feet for map data. Construction details may be larger asrequired, and map data may extend to more than one sheet, provided that accurate matchmarks are shown.Provided with title, scale, North arrow, and date of preparation and submission; boundarylines and names of all roads; names of owners of adjacent property and property across theroad, names of subdivision property owner(s), names of developers (if other than owner), andnames of those responsible for preparing the map or plan; Town and zone boundary lineswhere applicable; references in notes to related data, reports, source maps, easements, deedrestrictions, and conditions of approval as required; and approval block with lines forCommission signature, date of approval and expiration date as prescribed by the GeneralStatutes.Furnished in quadruplicate. At least four clear white print copies of each map or plan,including all revisions, shall be furnished by the applicant at the time of submission of theapplication. A reasonable number of additional copies, when required by the Commission forreview purposes, shall be submitted. All copies or maps shall be provided at the expense ofthe applicant.§230-11. Procedural steps following submission of application.The subdivision application shall be submitted to the Planning and Zoning Commission forconsideration at a regular meeting.(Reserved)[1]Editor’s Note: Subsection B, regarding a determination as to proper form and acceptance forconsideration of the application, was repealed 6-3-2013.Referrals.Within 10 days of acceptance of the application for consideration, the Commission mayrefer a complete copy of all pertinent application maps, plans, reports and other materialsto:Board of Selectmen (Town Engineer).Conservation Commission (Inland Wetland Agency), if the application has not beensubmitted to it.South Western Regional Planning Agency or others where required by statute.Other public agencies when the proposal falls within their jurisdiction.Town boards or agencies as required by these regulations or deemed desirable bythe Commission.Reports and recommendations received from these referrals shall become part of therecord of the application.A public hearing may be held on any subdivision application and shall be held on allresubdivision applications and on subdivision applications for five or more lots. Legal noticeshall be published in accordance with the requirements of the General Statutes and a copyfurnished by ordinary first-class mail to all adjacent property owners at the time of firstpublication. It shall be the responsibility of the applicant to furnish correct names andaddresses of adjacent property owners and owners across the street from the subdivision,along with stamped addressed envelopes to be sent to them. Public hearings shall becompleted within 30 days from the opening of the hearing. Extensions of this time limit areallowable, up to a total limit of 30 days, if the applicant makes such a request to theCommission.The Commission shall approve or approve with conditions or disapprove the application,entering into the record its reasons for approval and disapproval, and shall publish andcommunicate its decision as required by law. The Commission shall render its decision within65 days after the public hearing has been closed. Extensions of this time limit are allowable,up to a total limit of 65 days, if the applicant makes such a request to the Commission. Whereno public hearing is to be held, the Commission must render its decision within 65 days after

F.(1)(2)(3)G.H.A.B.C.D.[1]A.B.the subdivision application has been accepted for consideration. Extensions of this time limitare allowable, up to a total limit of 65 days, if the applicant makes such a request to theCommission.In instances where the Commission approves an application with conditions, it shall promptlyadvise the applicant of the required changes to the subdivision plan or other applicationdocuments.No approval shall become effective, however, until the completion of the following:Where a performance bond will be required, the Commission shall advise the applicant atthis point of the monetary amount and particulars which must be guaranteed by saidbond (refer to §230-31).No application shall be considered approved or in final form for filing until theCommission determines that all conditions for approval have been completed in properform and that all final plans, bonds, grants, conveyances and easements required by itsapproval have been submitted in properly executed form. Such materials shall besubmitted to the Commission's office prior to any regular meeting of the Commissionscheduled within 90 days after the Commission's decision. Extensions of this time limitare allowable, up to a total limit of 180 days, if the applicant makes such a request to theCommission.Upon determination that all submitted materials are in proper form, the Commission'ssignature of approval by the Chairman or Secretary, noting the statutory expiration dateof approval, shall be affixed to the subdivision plan and the same released to theapplicant for filing in the Town of Weston land records as required by law.In Article IV, Implementation, the following steps are explained in detail: withdrawal ofapplication, filing in land records, copies of filed maps to be submitted, inspection andinstallation grant, performance bond, construction scheduling and inspection and as-builtplans.Article III. Development Standards for Subdivisions§230-12. Character of land.Land suitable for development shall be of such character that it can be used for building purposeswithout danger to health or to the public safety. Every subdivision application shall demonstratethat land to be utilized for development will provide:Safe water supply and sewage disposal, in accordance with Westport-Weston Health DistrictRegulations.Stormwater and erosion control, as specified in §§230-21H and 230-22.Convenient and safe access for service and emergency vehicles.Protection of basic land and water resources.§230-13. Land with special natural characteristics.The Commission will give special scrutiny to applications proposing development of land with anyof the following natural characteristics:Floodplains, as defined by the Flood Boundary and Floodway Maps of the United StatesDepartment of Housing and Urban Development (October 17, 1978), and including anysubsequent revisions which may be made.[1]Editor's Note: See Ch. 212, Floodplain Management Regulations.Slopes of 20% or greater as determined by accurate topographic survey at contour intervalsof five feet or less.

C.D.E.F.G.H.I.A.B.C.A.B.[1]A.B.Wetlands, wetland linkage areas, streams, marshes, bogs and swamps, and other waterbodies.Soil areas possessing severe or very severe limitations for home site or on-site sewagedisposal systems by soil types as classified by the Fairfield County Soil and WaterConservation District.Direct or primary recharge areas of stratified drift aquifers.Areas subject to unusual water or wind erosion due to unstable soil, excessive streamvelocity, or lack of topsoil and vegetation.Ledge rock, shallow soil areas, and extensive bedrock outcroppings.Areas identified as protection zones and critical planning units in the Weston EnvironmentalResources Manual, Maps 4 and 5.Areas which are not accessible from a road capable of furnishing safe and convenient accessfor emergency services.[Amended 3-16-1987]§230-14. Development of land with special naturalcharacteristics.A subdivision application proposing development of any such land (as listed in §230-13) shall be:Accompanied by a lot development plan which details where any such development is to takeplace and what type of development is proposed.Designed so that no dwelling, structure, sewage or waste disposal system, septic reservearea, road, driveway or other impervious area requiring construction shall be located infloodplains, wetlands, or on major slopes unless approvals have been obtained as neededunder the following regulations or plans: Floodplain Management Regulations (fordevelopment in floodplains); Inland Wetland Regulations (for development in wetlands orwatercourses); Drainage and Erosion Control Plan; and Town driveway and other ordinanceswhere they specifically apply.[Amended 11-13-2008]Planned to use reasonable care in the development of land with the special naturalcharacteristics listed in §230-13. Where reasonable development alternatives exist on a site,the Commission may require that the subdivision plan be redesigned to accomplish this.§230-15. Exemption.Exemption from the requirements of §230-14 above may be granted where the Commission findsthat all land areas with any of the listed special natural characteristics:Have been delineated on the map and excluded from the proposed development area; andAre protected from development by a note on the map and by deed restriction providing thatsuch areas shall remain permanently undisturbed in their natural condition, free fromconstruction, regrading, paving and other significant alteration.§230-16. Basic lot standards.The layout of lots, roads and building areas shall be designed, where feasible, to preserve thesignificant natural features of the site and to promote compliance with the passive solarobjectives of Public Act 81-334.[1]Editor's Note: See C.G.S. §§8-2 and 8-25.Minimum lot areas and dimensions shall be as prescribed by the Weston Zoning Regulations.

C.D.E.[1]A.B.C.Every subdivision lot shall accommodate its own house site and required rectangle, watersupply well and protection area, sewage disposal system and reserve area, and driveway andparking. (Where the Commission finds such to be in the best interests of public safety orresource conservation, it may permit these facilities to be combined to serve more than onelot in accordance with the Zoning Regulations of the Town of Weston, an approved sitedevelopment plan and an approved maintenance covenant.)Split lots. A parcel or tract of land that is divided by a public or private road, a majorwatercourse, or a public or private easement restricting development (other than a utilityeasement or a right-of-way) does not meet the minimum lot area requirements unless itcontains at least two contiguous acres of land. For purposes of this regulation, land is notcontiguous if a public or private road, a major watercourse, a public or private easementrestricting development, or a right-of-way divides it. This contiguity requirement applies even ifthe public or private road, major watercourse, public or private easement restrictingdevelopment, or right-of-way and the parcel or tracts of land are in the same ownership.Construction on a lot that is subject to this section of the minimum area requirementregulation must take place on that section of the lot that contains the two contiguous acres ofproperty. This regulation does not apply to passageways that serve as a second access to aparcel or tract of land and are dedicated exclusively to emergency access. For purposes ofthis subsection, "major watercourse" shall mean the Saugatuck River, the Aspetuck River, thewest branch of the Saugatuck, and any nonseasonal branch or tributary thereof being morethan two feet wide at any point within the subject lot. (See C.G.S. §8-26a.)[Amended 5-18-2006]Odd-shaped lots. A lot may not measure less than 75 feet in width or depth at any pointexcept where the measurement of the width or depth of the lot at such point multiplied bythree is equal to or greater than the distance from such point to the point where the lotboundary lines form a figure closed on three sides measured along a line running through thecenter of such portion of the lot. An accessway otherwise in compliance with theseregulations shall not be a violation of this subsection. For example, a lot which narrows to 50feet at a given point must become a closed geometric figure within 150 feet of such point (seeIllustration No. 1). A lot which narrows to 30 feet at a given point must become a closedgeometric figure within 90 feet of such point (see Illustration No. 2).[Amended 5-4-2006]Illustration No. 1 Illustration No. 2§230-17. Driveways.The driveway entrance and driveway construction for each lot shall conform to requirementsof state law and of the Town Driveway Ordinance,[1] and the Commission may require that theproposed location be shown on the final subdivision plan.Editor's Note: See Ch. 51, Driveways.Where a lot has frontage on both a major (or collector) road and a minor road, accessdriveways shall be taken only from the minor road unless the Commission determines thatdirect access from the major road is preferable for safety or environmental reasons. TheCommission may require that driveway entrances be combined or otherwise controlled asnecessary to assure safe traffic movement and to afford proper separation of local andthrough traffic.Within 40 feet of the center line of the travel way of an intersecting road the maximumgradient of the driveway shall be 3%. Where necessary to avoid excessive regrading, wherethe driveway serves only one dwelling, the Commission may approve a driveway design aspart of a lot development plan in which the driveway gradient is between 12% and 15% for

D.A.(1)(2)(3)(4)(5)(6)B.A.B.C.not more than 50 feet in length. No curve shall be allowed where the gradient exceeds 12%.The Commission may require fences and guide rails for safety along embankments and steepslopes.Where a driveway must cross a floodplain, wetland, watercourse or drainageway, the lotdevelopment plan shall show a culvert or other structure approved by the Town Engineer assafe for accommodation of emergency vehicles, with sufficient hydraulic capacity for a fifty-year storm. No such crossing will be authorized without all approvals required by the InlandWetland Regulations, the Town Driveway Ordinance and the Floodplain ManagementRegulations.§230-18. Rear lots.Rear lots are only desirable where their use minimizes necessary road construction andenvironmental impact.Each rear lot shall:Conform to all requirements of the Zoning Regulations.Have a travel way designed to safely accommodate emergency and service vehicles.Have a right-of-way 25 feet in width to accommodate a travel way 12 feet in width whereserving one dwelling.Have a right-of-way 30 feet in width to accommodate a travel way 16 feet in width whereserving two dwellings.Have in both Subsection B(3) and (4) above space for necessary utility and drainageeasements and undeveloped space for planting and grade adjustments on each sidebetween the travel way easement areas and the property line.Have an equitable allocation among benefiting property owners of the liability andmaintenance responsibility for any common accessory.§230-19. Pedestrian and bike paths; fire ponds.The Commission may require the installation of graded pedestrianways, or safe walkingpaths, along the right-of-way of any road which, because of width, curves, grades or trafficvolume, presents severe hazards to pedestrians.Bicycle paths and trails may also be required by the Commission in roadside or otherappropriate right-of-way locations where it determines that they are needed for safetyreasons.Where the Commission deems it necessary, or is requested by the Fire Marshal, it mayrequire a fire pond as appropriate for safety. Such pond may be required before any buildingconstruction shall commence in the subdivision.[Amended 3-16-1987]§230-20. School bus stops.Where a subdivision road intersects a major (or collector) road, and at other locations deemednecessary by the Commission for reasons of safety, the subdivider shall reserve, grade andappropriately surface an area suitable for the safe accommodation of children awaiting schoolbuses. Its design and location shall require Commission approval. The paved area shall belocated on the road right-of-way near the curbline, comprising 100 to 200 square feet in area.§230-21. Roads.

A.B.(1)(2)(3)C.(1)(2)(3)D.(a)(b)(c)(1)(a)(b)(c)(d)(e)(2)E.Safe access. Roads shall be designed for safe and convenient access and for minimumdisturbance of natural resources.Existing roads. Where a subdivision fronts on any road section which has a right-of-waywidth, curve or intersection less than the standards specified in these regulations, or requiringimprovement as indicated in the Town Plan or Weston Road Analysis, the Commission mayrequire the subdivider to annex to the right-of-way, by deed, an amount of land sufficient tocorrect the deficiency in accordance with standards of safe design.Layout of roads.Existing topography and significant natural features shall be preserved to the maximumdegree consistent with public safety in the layout of new roads. Combinations of steepgrades and curves shall be avoided. Roads shall be planned to provide a convenientsystem for prospective traffic needs and to safely accommodate fire-fighting, school bus,snow removal and other service vehicles.Proposed roads shall be in harmony with existing and proposed thoroughfares shown inthe adopted Town Plan of Development, including proposed realignments, and in theWeston Roads Analysis. Road layout and design shall be approved in each case by theCommission.The Commission may require proposed roads to connect with adjacent roads orundeveloped property where it deems such connection desirable for safety, provision ofutilities, or adequate future access. Reserve strips which would prevent the extension ofroads are prohibited.Permanent dead-end roads.A permanent dead-end road may be approved where road continuity is not feasible.Such permanent dead-end road shall be limited to the shortest practicable lengthrequired to provide safe access to all lots, but in no case shall serve more than 12potential lots.A dead-end or loop road shall only be laid out from another dead-end road when the totallots served by the total dead-end road system are limited to 12.Where it deems such action to be necessary in the public interest, the Commission mayrequire that easements for utilities, pedestrian access, or drainage be provided betweenany dead-end road and adjacent property.Temporary dead-end roads.A temporary dead-end road may be approved where the Commission determines that:Future extension of the road would be feasible and desirable, consideringtopography, site conditions, and potential availability of adjacent land fordevelopment. The applicant shall grant to the owner of such adjacent property aperpetual right-of-way for ingress and egress over such temporary dead-end road inthe event of and subject to development of such adjacent property as an approvedsubdivision.The eventual extension will complete a safe connection to the road system at areasonable distance from the original entrance locations; andAll property owners on or adjacent to the proposed extension have been notified ofthe proposal.Temporary dead-end roads shall:Be limited to a constructed total length of 1,500 feet within the subdivision.Serve no more than 12 lots.Terminate in a temporary turnaround located and improved as directed by theCommission.Provide a monumented right-of-way and reservation.Require building setbacks from future extensions equivalent to those required fromexisting roads.

(1)(a)(b)(c)(2)F.(1)(2)(3)(4)(5)(6)(7)(8)G.(1)(2)(3)(4)H.Turnarounds.All dead-end roads, both permanent and temporary, shall terminate in a turnaround ofcircular or other design approved by the Commission, having a minimum diameter ortransverse width of right-of-way of 100 feet. Within said turnaround there shall be aroadway suitable for vehicle turning purposes, with a maximum gradient of 5%. Everypermanent turnaround shall be constructed in accordance with the StandardSpecifications for Subdivision Road Construction.Plans incorporating temporary turnarounds shall provide, by appropriate notes, that:Liability and maintenance responsibility for the temporary turnaround shall be clearlyidentified.The reserved right-of-way for future road extension shall be conveyed to the Town ofWeston. The Town shall be under no obligation to construct or maintain anyimprovements thereon and may assign its rights for roadway development to others.Whenever the road is extended, the temporary turnaround shall be removed, and thearea unused by the road area topsoiled and seeded by the future developer at hisexpense, and title to the released area shall revert to each abutting lot owner alongthe frontage of the released area.Intersections. Special attention shall be given to the safe design of all road intersections.Intersections shall require design and construction to:Be at least 800 feet from any other intersection with a major road, where feasible.Be at least 500 feet from any other intersection with a minor road, where feasible.Provide a one-hundred-fifty-foot offset from an opposing driveway, where feasible.Provide a sight line along each intersecting roadway as specified in Subsection M.Required sight lines shall be shown on the construction plan, and corresponding sightline easements shall be established, with proper monuments as necessary, on thesubdivision plan.Provide a center-line angle of horizontal intersection as close to 90° as possible for atleast 50 feet from the intersected travel way. A perpendicular maximum deviation of notmore than 20° (70° to 110° interior angle) may be permitted when an increasedpavement radius is provided inside the acute angle to prevent vehicle turning conflicts.Prohibit an intersection with an existing road at any point where the existing road'sgradient exceeds 5%.Provide a travel way gradient at center line, for all new intersecting roads, not to exceed2% for the first 50 feet.Provide a right-of-way at each corner of the intersection rounded to a minimum radius of25 feet and sight line easements provided as necessary to meet the requirements ofSubsection G(4) above.Drainage.Roads and driveways shall be designed so that there will be no discharge of stormdrainage to the travel surface of an existing or proposed road nor into the immediateupslope drainage area of a water supply well or sewage disposal system.Surface drainage shall not be permitted to discharge directly to adjacent land without adrainage easement. All drainage easements shall be at least 20 feet in width andaccurately shown on the subdivision plan.Where a proposed road slopes down to an intersection, a low point shall be provided atleast 10 feet back from the intersected road and catch basins provided to collect gutterflows.Curbing shall be provided to control gutter flows on all roadways where a gradient of 5%or greater occurs, and suitable erosion control measures shall be provided to stabilizeshoulders on lesser gradients if so directed by the Commission.

(5)(1)(2)(3)(4)I.J.K.L.(a)(b)(c)(d)(1)(2)M.Wherever possible, storm drainage from roads and driveways shall be accommodated inretention or detention basins for controlled and gradual release. All systems designed forthe accommodation of stormwater runoff shall be required to meet the criteria for zeroincremental runoff and other standards prescribed in § 230-22. No alteration of naturalwetlands or watercourses shall be permitted without prior approval of the ConservationCommission where its jurisdiction applies as the Inland Wetlands Agency.Right-of-way protection.No land clearing, excavation, filling or regrading shall take place on any proposed roadright-of-way in an unapproved subdivision (with the exception of clearing for test pits andsurveying) without prior Commission approval.Every road right-of-way, including bank slopes and driveway cuts and fills, shall bepreserved in a stable, thoroughly planted condition. The Commission may require thatconstruction avoid major trees and other significant natural features and that suchfeatures be protected from the effects of construction by such devices as walls, barriers,retaining walls, and special erosion control measures.Standard steel guide rail fencing or the equivalent, where required for safety, shall beshown on the plan and installed by the developer as directed by the Commission.Where sight line easements are shown on the subdivision plan, a note shall be addedconferring on the Town or other holder of the right-of-way the right to clear, regrade andmaintain said easements as necessary for safe visibility or in conformity withspecifications stated on the plan.Road names and address numbers. Road names shall be proposed by the developer andshall be approved by the Fire Marshal and Police Chief prior to submission to theCommission. Road names shall require approval by the Commission and shall not closelyresemble any existing road name in Weston or its vicinity. A Town standard sign bearing thename of the approved road shall be placed at each intersection. Such names shall be shownon the final subdivision plan.[Amended 3-16-1987]Utilities. All distribution and service lines for electric, telephone, gas, water, sanitary sewerand other facilities shall be installed underground in accordance with plans approved by theCommission and shall be completed to the property line of each lot before final road paving.Significant installations serving more than one lot, such as pad-mounted transformers, pumpstations, water standpipes, stormwater filtration basins, and the like, shall be placedunderground wherever possible. Any facility requiring aboveground installation shall belocated and effectively screened as directed by the Commission. Where utility lines mustcross private land, a perpetual easement at least 20 feet in width shall be provided andshown on the subdivision plan.Construction requirements for roads. Roads shall be required to meet the standards ofSubsection M. Road classification may be determined in each case by the Commission.Roads shall be constructed in conformity with § 230-9F and the standard specifications forsubdivision road construction.Road classification and design standards.The classification of existing and proposed roads may be indicated in the adopted TownPlan of Development and shall be specifically determined by the Commission in eachapplication.Arterial, or connector, roads are those inter-town state-maintained roads which serveprimarily regional needs and carry significant volumes of non-local traffic.Major, or collector, roads are those through roads which serve larger neighborhoods,provide town traffic circulation, or are projected to carry significant traffic volumes.Minor, or local, roads are those through or dead-end roads which serve primarily asaccess to local neighborhoods and abutting lots.Neighborhood lanes are those public or private dead-end roads serving no morethan eight residential lots.The following standards govern the design and construction of all subdivision roads:

A.(1)(2)B.(1)(2)(3)C.NeighborhoodLane Minor Road Major RoadNeighborhoodLane Minor Road Major RoadRight-of-way, minimum width(feet)40 50 50Travel way, minimum width,excluding shoulder and curbs(feet)20 22 24Horizontal curve at center line,minimum radius (feet)120 150 250Horizontal tangent betweenreverse curves, minimum (feet)100 150 200Vertical curve, minimum radius(feet)75* 100* 150*GradientMaximum 12% 10%** 8%Minimum 1% 1% 1%Clear sight distance, minimum(feet)200 250 300Easement for drainage utilities,minimum width (feet)20 20 20Off-road pedestrian easement,minimum width (feet)25 25 25NOTES:* Except that minimum radius shall be not less than the following values for eachone-percent algebraic difference in grade: neighborhood lane, 15 feet; minor road,20 feet; major road, 25 feet.** Except 12% on straight alignment where approved by the Commission.§230-22. Storm runoff and erosion control.Soil and water conservation. A plan for control of stormwater runoff to prevent flash floods,conserve natural water tables, minimize erosion and siltation, and protect wetlands and othernatural resources must accompany every subdivision application.Design storm and drainage area.In each subdivision, planning and design of stormwater facilities shall be based onpotential storm runoff from the served area at full development, in accordance with fifty-year frequency storm criteria.Culverts, catch basins, pipes, swales, and retention ponds shall be designed toaccommodate storm runoff from upland watershed areas where no adequate stormwaterretention facilities exist.Zero increase in rates of runoff and erosion.Development and other modification of land shall be planned so that there will be noincrease in the volume of runoff, nor increase in the speed of stormwater discharge, norincrease in natural or preexisting rate of soil erosion, on the subdivision site underconditions of the fifty-year design storm.Storm runoff calculations shall be based on full development of the entire site and mustconform to standard criteria contained in the Connecticut Department of TransportationDrainage Manual for hydrologic and hydraulic analyses and available at the office of theTown Engineer. Full development means development in accordance with current zoningregulations, with allowance made for planned roads, driveways, septic fields, and pavedand semi-pervious areas.[Amended 11-13-2008]Zero incremental runoff shall be accomplished by appropriate water retention orinfiltration systems designed to achieve a gradual, controlled and dispersed stormwaterrelease, by such means as retention/detention basins, dry wells, diversion reservoirs, or

(4)(1)(2)(3)(4)D.(1)(2)E.(1)(2)(3)(4)F.(1)(2)G.permeable driveways or other systems designed in accordance with good engineeringpractices and sound environmental and conservation objectives.Any alteration of existing wetlands or watercourses is subject to the regulatory jurisdictionof the Weston Conservation Commission and will require approval from that body.Soil stabilization measures.Development tending to increase runoff or soil saturation in unstable areas (such assignificant slopes, stream banks, or shallow soil ledges) shall be avoided whereverpossible. No construction shall take place in these areas prior to installation of protectivemeasures approved by the Commission. During construction, all bank slopes shall bestabilized as rapidly as possible.Previously existing unstable conditions on the site. such as steep banks, drainageditches or eroding slopes, must be stabilized and corrected.Localized increases in runoff velocity within the site shall be controlled as close to thesource points as possible, to prevent an increase of erosion and siltation on the site.Erosion and stormwater controls shall be consistent with good engineering practice.Recommended practices detailed in the Erosion Control Handbook for Connecticut,published by the United States Soil Conservation Service, and in the ConnecticutDepartment of Energy and Environmental Protection Stormwater Quality Manual shallguide the Commission in its review of each drainage and erosion control plan.[Amended 11-13-2008]Stormwater discharge to roads.Storm drainage from driveways, cellar drains, roof drains and other impervious areas onlots shall not be discharged to the travel way of a road. Sites shall be designed to retainas much storm runoff as possible on the site for gradual release to natural water tables,but stormwater discharge to on-site road drainage systems may be approved by theCommission where effective detention facilities are provided at convenient downslopecontrol points.Roadside shoulder areas of all roads lacking curbs shall be designed to minimizescouring and erosion, as detailed in the plan approved by the Commission. "Softdrainage" on roads shall be prohibited where slopes exceed 5%.Hundred-year floodplains. Except as specifically approved by the Commission under theFloodplain Management Regulations, no dwelling or other construction shall be located withinany portion of the one-hundred-year floodplain. If a proposed subdivision is located in afloodplain the following requirements shall apply:[Added 6-18-2010]All subdivision proposals shall be consistent with the need to minimize flood damage;All subdivision proposals shall have public utilities and facilities such as sewer, gas,electrical and water systems located and constructed to minimize flood damage;All subdivision proposals shall have adequate drainage to reduce exposure to floodhazards; andThe Commission shall require the applicant to provide base flood elevation data for allsubdivision proposals. Where base flood elevation data is not available, the applicantshall provide a hydrologic and hydraulic engineering analysis performed by a Connecticutregistered professional engineer that generates the base flood elevations for allsubdivision proposals and other proposed development.Drainage and erosion control plan.Facilities designed to carry out the requirements of Subsections A through F shall beshown in detail on the construction plan or on a separate plan accompanying thesubdivision plan at the same or larger scale. The drainage and erosion control plan,including all drainage computations and facility designs, shall be prepared by aprofessional engineer registered in the State of Connecticut.All storm drainage and retention facilities shall be designed with reserve capacity toaccommodate sudden overloads caused by malfunction of existing undersized upland

(3)(1)(2)H.(1)(a)(b)(c)(2)(a)(b)(c)(3)(4)I.(1)(2)A.drainage facilities and for minimal maintenance, as determined appropriate by theCommission. Where the development of a subdivision will result in additional stormwaterdischarges to any wetland, watercourse or one-hundred-year floodplain, the plan shallinclude a runoff analysis (pre-development and post-development) in accordance withthe Connecticut Department of Transportation Drainage Manual for the complete uplanddrainage basin and shall provide such retention/detention and other measures as areneeded to fully protect the downstream area. All drainage computations and otheranalyses shall be described in an accompanying report.[Amended 11-13-2008]The Commission may require the submission of additional information or changes indesign where necessary to implement the requirements of Subsections A through Ginclusive.Drainage easements.Where storm drainage or retention facilities must serve more than one lot or be locatedoff the site, the developer shall provide at his expense all necessary drainageeasements. Such easements shall be perpetual, unobstructed, monumented courses atleast 20 feet in width sufficient to provide convenient access to all facilities.Drainage easements shall be conveyed to the Town of Weston where they serve Townroads and shall require maintenance covenants satisfactory to the Commission wherethey serve private roads or private lands.Soil erosion and sediment control plan.[Added 6-26-1985]A soil erosion and sedimentation control plan (ESCP) shall be submitted with eachsubdivision application. This shall consist of a plan (map) and written narrative. Ifappropriate, the applicant may incorporate requirements of the following sections withinthe ESCP: §230-22A, B, D and G.The ESCP site map shall include the following:Existing and proposed topography.Proposed alterations during developmental activity.Location and design detail of soil erosion and sedimentation control measures.The accompanying narrative shall include the following:Sequence of developmental activities such as grading, installation of drainagedevices and erosion/sedimentation controls.Sequence for final stabilization of the area.Signed statement by the project engineer that an as-built certification will besubmitted under his seal and signature at the completion of developmental activities.Site development shall not begin until the Commission has approved the ESCP and sitemap. Said approval shall constitute certification when both plan and narrative are signedby the Chairman subsequent to vote of the Commission.§230-23. Open space reservations.General standards.[Amended 12-30-2009]The Commission shall require that 10% of the aggregate area of any proposedsubdivision, which proposed subdivision consists of 10 acres or more, shall be reservedfor open space, parks, or playgrounds as set forth in Connecticut General Statutes §8-25.The Commission shall determine the location and boundaries of the reserved area.

(3)[1](4)B.(1)(2)(3)C.(1)(2)D.E.A.(1)(2)B.Each reserved area shall be of a suitable size, topography, and general character andshall have adequate access to serve the particular purpose for which the area isdedicated.The area reserved pursuant to this section shall be delineated on the final subdivisionplan approved by the Commission.[1]Editor's Note: Original §3.12.2, Area requirements, which immediately followed thissubsection, was repealed 12-30-2009.Negative easements. Where significant natural resources would be endangered bydevelopment but a specific reservation for open space would unreasonably reduce thenumber of lots, the Commission may specify the granting of negative easements restrictingdevelopment to protect the significant area. Such easements shall be shown on thesubdivision plan and recorded in the Town land records for each affected lot at the time offiling the subdivision plan.Trails and access to open space. The subdivider may propose the recipients of title to openspace land and easements and shall be responsible for presenting such proposedagreements for conveyance before subdivision approval.Ordinarily, land adjacent to Town-owned open space or trails, where indicated in theTown Plan as recommended for public acquisition, shall first be offered to the Town.Open space may be offered to a public or private conservancy.Where land is to be conveyed to a neighborhood association for recreation purposes, alegal covenant establishing undivided ownership and liability and maintenanceobligations to run with the title of the lots shall be approved by Town Counsel andsubmitted with subdivision approval.Ownership and maintenance. The subdivider shall propose and the Commission shalldetermine the form and adequacy of all arrangements for ownership, use privileges, andmaintenance responsibility for all dedicated open space tracts and positive and negativeeasements. All conveyance of right, title, interest and easements shall be in form approved bythe Town's legal counsel and shall be executed and recorded in the Town land records:Coincident with the recording of the approved subdivision plan; orNo later than a specified date accepted by the Commission and noted on the subdivisionplan.Payment in lieu of open spaces. In lieu of reserving open space as required pursuant toSubsection A above, an applicant may, by written notice delivered to the Commission at anytime prior to closing of the public hearing, elect to make a payment of a fee equal to themaximum sum permitted pursuant to Connecticut General Statutes §8-25 (the "fee in lieu").To be effective, such notice shall include an appraisal by a licensed appraiser jointly selectedby the applicant and the Commission certifying to the Commission the amount of the fee inlieu; the cost of said licensed appraiser is to be paid solely by the applicant. The fee in lieushall be become due and payable in the manner set forth in Connecticut General Statutes§ 8-25. The fee in lieu shall be administered and utilized pursuant to Connecticut GeneralStatutes §8-25b. An applicant may revoke its election under this section at any time prior toclosing of the public hearing, after which its election shall become irrevocable, subject only towithdrawal of the subdivision application.[Added 12-20-2009]§230-24. Roads, easements and reserved parcels.All roads, easements and other reserved parcels shall be shown on the subdivision plan andtheir boundaries fixed with permanent monuments.Subdivision applications shall include:For all roads, easements and reserved parcels to be offered to the Town, a conveyanceagreement prescribed by or acceptable to the Town.For all roads, easements and reserved parcels for other ownership, a conveyanceagreement which includes a perpetual ownership and maintenance covenant accepted

(3)C.D.(1)(2)(3)E.F.(1)(2)(3)A.B.by the designated recipient.For temporary reservations, such as temporary turnarounds and dedications for futureroad extensions, a covenant which provides for interim ownership and maintenanceresponsibility and future conveyance to designated recipients.Each of the above instruments shall become, as approved, a binding condition of thesubdivision approval.During the period of bonded obligation to the Town, the subdivider shall be responsible forproper maintenance and repair of all constructed facilities.Roads, easements and reserved parcels required to be offered to the Town for acceptance onsatisfactory completion of prescribed improvements include:All roads classified as major (or collector) and those minor (or local) roads which connectat two or more points with other Town roads or serve 12 or more lots.All drainage easements serving existing or proposed Town roads.Pedestrian and other easements serving existing or proposed Town lands.The following easements, where they lie within a lot, may be included in determining theminimum area of such lot: drainage, open space - negative, sight line, and slope. Easementswhich may not be included in determining minimum lot area are: access (right-of-way), openspace - positive, pedestrian, and utility (where such easements restrict the use of the land).§230-25. Waivers.The Commission may waive any specific requirement of §230-9, 230-14, 230-15, 230-16C,230-17, 230-18, 230-21, 230-22, 230-23 or 230-31 of these regulations. The waiver must beapproved by a three-fourths vote of all members of the Commission providing that theconditions for the granting of waivers specified in the particular section of these regulationsare met and where it finds each of the following criteria applies:Natural or physical conditions of the site are such that compliance with the particularrequirement for submission or approval would create an exceptional difficulty for theapplicant, and these conditions do not apply generally to other land in the vicinity.The waiver would allow a feasible development alternative, under which reasonable useof the land will occur and natural resources will be soundly protected.Granting the waiver is consistent with the purposes of these regulations and will promotethe public health, safety, and welfare.The Commission shall state on its records the reason for which a waiver is granted in eachcase.Article IV. Implementation§230-26. Expenses.All expenses incurred by a subdivider for the preparation, submission and filing or recording of allapplications, plans, maps and certificates required by these regulations shall be the soleresponsibility of the subdivider.§230-27. Withdrawal of application.At any time prior to filing in the land records, a subdivision application may be withdrawn by theapplicant by submitting a written notice to this effect to the Commission. Such withdrawal shallrescind any Commission approval as of the date of such notification, and all fees and applicationmaterials previously submitted shall be forfeited to the Commission.

A.B.C.D.A.(1)(2)(a)(3)B.§230-28. Filing in land records.Approved subdivision plans shall be filed in the Town land records within 90 days of theCommission's approval. Within the same period, conveyances and covenants required by theapproved plan shall also be filed in the land records unless an alternative date has beenapproved by the Commission and noted on the subdivision plan.The Commission may, at the request of the applicant, where it deems that the circumstancesjustify such action, extend the period for filing an approved plan in the land records by notmore than two consecutive periods of 90 days each.Any filing in the land records of a subdivision plan lacking the Commission's inscribedapproval over signature of its Chairman or Secretary, or modification of an approved planwithout express authorization from the Commission, shall be invalid and render the plan nulland void.One copy of the approved subdivision plan on a scale of one inch equals 200 feet shall beprovided for the Tax Assessor's office.§230-29. Copies of filed maps to be submitted.Within 15 days of the date on which an approved subdivision plan is filed in the land records, thesubdivider shall submit to the Commission a Mylar film copy of the approved and recordedsubdivision plan, showing the file date and Town map file number, together with one copy of allfiled documents.§230-30. Right of entry; completion of improvements.Every subdivision plan which requires the construction of specific improvements shall beaccompanied by a written instrument, in a form satisfactory to the Town's legal counsel, grantingto the Town of Weston and its authorized representatives the right to enter the property of theapplicant at any time during the effective period of a performance bond for the purpose ofdetermining compliance with required conditions of subdivision approval. Such instrument shallalso provide that in the event of a default in the construction obligation, the Town or its agents maycomplete such improvements under the terms of such bond.§230-31. Public improvements.[Added 9-23-2011]Street and public utilities. Each subdivision approval shall prescribe the extent to which andthe manner in which streets shall be graded and improved and public utilities and servicesprovided (the "public improvements") pursuant to Connecticut General Statutes §8-25(a).Condition of approval; bonds and sureties; assessments. With respect to any approval, theCommission may:Require that the applicant complete all public improvements prior to the endorsementand filing of the approval;Require that the applicant file a restriction on the land records of each lot within thesubdivision, in a form acceptable to the Commission or its agent, prohibiting the sale ofany lot until such time as all public improvements are complete; orRequire:[1]Submission of a bond or surety in an amount and with surety and conditionssatisfactory to the Commission securing to the Town the actual construction,maintenance and installation of such public improvements; or

(b)[1](a)(b)(c)(1)(2)C.D.E.(a)(b)(c)(1)(2)F.G.Imposition of an assessment or other method whereby the Town is put in an assuredposition to complete the public improvements at the expense of the owners of theproperty within the subdivision.Annotation: Option (3) is favored as it permits the Commission to secure adequate fundsto install erosion control measures and complete other work if the public improvementsare abandoned after they are started. This annotation is informational and is not bindingon the Commission.Bonds and sureties; standards.Approval of form of bonds and sureties. The Commission or its agent shall approve theform of any bond or surety to be submitted pursuant to this section. Without limiting thegenerality of the foregoing, the text of each bond or surety, in the Commission'sdiscretion, may be required to include a provision pursuant to which:A five-percent monthly charge is assessed on any funds not delivered to the Townwithin five business days following a draw;The issuer agrees that the bond or surety shall be governed by, and construed andenforced in accordance with, the internal laws of the State of Connecticut, withoutregard to principles of conflicts of law, and submits to the exclusive jurisdiction of anystate or federal court sitting in Fairfield County, Connecticut, in any action orproceeding arising out of or relating to the bond or surety; andThe issuer indemnifies, defends and holds the Town harmless from all costs ofenforcement and collection of the bond or surety (including, without limitation,attorney fees).Approval of issuers. The Commission or its agent shall approve the issuer of any bond orsurety to be submitted pursuant to this section and may require that each issuer maintainan office in the State of Connecticut.Completion date. With respect to each approval, the Commission shall determine a date bywhich the public improvements shall be completed (the "completion deadline"). In the eventthat the Commission fails to determine such date, the completion deadline shall be the datesuch approval shall lapse.Phased development. The Commission, in its discretion, may approve a subdivision fordevelopment in phases. In the event that the Commission approves phased development, theCommission shall determine the amount of any bond or surety required in each phasepursuant to Subsection G below and identify the lots affected by each phase pursuant toSubsection H below.Required bond or surety.In the event that the Commission elects to accept a bond or surety pursuant toSubsection B(3)(a) above, such bond or surety may be required to include:Erosion control bond. A sum not to exceed 110% of the estimated cost of all erosioncontrol reasonably necessary to complete all public improvements in all phases ofdevelopment (each an "erosion control bond");Construction bond. A sum not to exceed 110% of the estimated cost of constructingall public improvements for each phase of development; andInterim maintenance bond. A sum not to exceed 110% of the estimated cost ofmaintaining all public improvements until such improvements have been accepted bythe Town.The Commission's estimate of the above-referenced costs shall be dispositive. Suchestimate shall include, without limitation, the cost of materials, labor, surveying andengineering, advertising for bid, bid evaluation, contract negotiation costs, workers'compensation and other insurance premiums, and third-party construction managementservices, all upon prevailing wage rates pursuant to Connecticut General Statutes §31-53 et seq., and include any applicable tax. The Town shall have no obligation to utilizeTown employees to perform any portion of said work.When posting of bond or surety is due. Except as set forth herein, any bond or surety requiredhereunder may, in the discretion of the person posting such bond or surety, be posted at any

(1)(2)H.(1)(2)(3)I.J.K.L.M.N.O.time before all public improvements are constructed and installed. Notwithstanding theforegoing:No construction or installation of any kind may be commenced until any required erosioncontrol bond is posted; andFor any subdivision that is approved for development in phases, no construction orinstallation approved for any phase may be commenced until any bond or surety requiredin connection with the previous phase is posted.No transfer prior to posting of bonds and sureties. No lot shall be transferred to a buyer beforeany required bond or surety is posted. No lot situated within a portion of any subdivision thatis the subject of a phased approval pursuant to Subsection E above shall be transferred to abuyer before any required bond or surety is posted for each phase affecting the lot.Draw down of bonds and sureties. Bonds and sureties may be drawn down upon the earlierof:The completion deadline, in the event that the public improvements have not beencompleted and maintained in a satisfactory manner.The failure of the applicant to diligently complete any public improvements in asatisfactory manner following the transfer of any lot to a buyer.The failure of the applicant to diligently complete any public improvements required forerosion control or to make the property safe in a satisfactory manner.Assessments. In the event that the Commission elects to accept an assessment pursuant toSubsection B(3)(b) above, each owner of property within the subdivision (excluding propertyowned by the Town or any conservation organization) will be assessed an amount equal tothe total estimated cost of constructing the public improvements and maintaining such publicimprovements until such time as they are accepted by the Town multiplied by a fraction, thenumerator of which is the assessed value of such owner's property within the subdivision andthe denominator of which is aggregate assessed value of all owners' property within thesubdivision (excluding property owned by the Town or any conservation organization).Assessments shall be levied and become immediately payable following the completiondeadline in the event that the public improvements have not been completed and maintainedin a satisfactory manner. Any unpaid assessment shall be a lien on the defaulting owner'sproperty within the subdivision. Assessments shall include, without limitation, the cost ofmaterials, labor, surveying and engineering, advertising for bid, bid evaluation, contractnegotiation costs, workers' compensation and other insurance premiums, and third-partyconstruction management services, all upon prevailing wage rates pursuant to ConnecticutGeneral Statutes § 31-53 et seq.. and include any applicable tax. The Town shall have noobligation to utilize Town employees to perform any portion of said work.Release of bonds and sureties. Bond and sureties shall be released pursuant to therequirements of Connecticut General Statutes §8-25(d)(2).Extension and modifications. Upon receipt of any application to modify or extend an approvalgranted pursuant to this section, if granted, the Commission shall reestimate the amount ofeach bond and surety and require issuance of a replacement bond or surety in the event thatsuch bond or surety is deemed insufficient.Maintenance of public improvements. All owners of property within the subdivision (excludingproperty owned by the Town or any conservation organization) shall be jointly and severallyliable for the repair and maintenance of all public improvements (including keeping allroadways and drainage facilities free of ice, snow and debris) until such time as such publicimprovements are accepted by the Town.Recorded site plan disclaimer; bonds and sureties. Any recorded site plan or other documentevidencing approval of a subdivision where posting of a bond or surety is required shall bearthe following disclaimer prominently:WARNING: PURSUANT TO C.G.S. §8-25(d)(1), NO LOT SHALL BE TRANSFERRED TO ABUYER BEFORE ANY BOND OR SURETY REQUIRED PURSUANT TO THIS APPROVALIS POSTED.Recorded site plan disclaimer; assessments. Until all public improvements have beencompleted, any recorded site plan or other document evidencing approval of a subdivision

A.B.C.D.E.A.B.and any deed or other instrument evidencing the conveyance of any interest within asubdivision where an assessment is required shall bear the following disclaimer prominently:WARNING: AN ASSESSMENT SECURING THE CONSTRUCTION OF PUBLICIMPROVEMENTS AT THE EXPENSE OF THE OWNERS OF THE PROPERTY WITHINTHIS SUBDIVISION MAY BE IMPOSED PURSUANT TO C.G.S. § 8-25(a)(1) ANDSUBDIVISION REGULATION §230-31.§230-32. Construction scheduling and inspection.The Town Engineer shall act as agent of the Commission in making all necessary inspectionsand in determining compliance with required construction plans and specifications.Before undertaking work on required improvements, the applicant (or developer) shall conferwith the Town Engineer to determine the particular stages of construction at which Towninspection will be required.At least two full working days in advance, the developer shall notify the Town Engineer of theschedule for each designated stage.Following initial clearing and rough grading, no work shall proceed on any stage of theconstruction until the Town Engineer has inspected and approved the preceding work forcompliance with approved construction plans and specifications.Should unforeseen natural or technical difficulties make changes necessary in theconstruction plan, the Commission may approve amendments to the technical design orspecifications of such plan consistent with recommendations of the Town Engineer and thepurposes of these regulations.§230-33. As-built plans.When the Town Engineer has certified that all construction requirements have beensatisfactorily completed and are in proper condition, the developer shall submit to theCommission an as-built plan and profile drawing. The plan and drawing shall show the actuallocations, grades, elevations and specifications of all constructed improvements, includingroads, driveways, pedestrian walks, bus stops, curbs, culverts, bridges, headwalls, manholes,catch basins, pipe sizes and invert elevations, drains, retaining walls, dams, detention ponds,cut and fill slopes, guide rails and fences, sewer and water mains, transformers and the like.The as-built plan shall be prepared and certified correct by a licensed engineer or surveyorand shall be similar in format, content, scale and technical standards to the construction plan.An attached schedule of notes shall describe deviations, if any, from the original constructionplan approved by the Commission and cite the date such modifications were approved by theCommission.§230-34. Lot line or road access changes.[Added 3-16-1987]Lot line changes or road access changes shall not be made to convert a lot without special naturalcharacteristics to a lot with special natural characteristics without approval of the Commission.Article V. Amendments§230-35. Authority.The Planning and Zoning Commission may, on its own motion, or on the recommendation of theBoard of Selectmen, or on petition of one or more property owners within the Town, amend theseregulations in accordance with Chapter 126 of the General Statutes.

A.B.§230-36. Applications.Applications for amendment shall be submitted in a form prescribed by the Commission, shall bewritten in clear and precise language, and shall be accompanied by an explanation of theconsistency of the proposed amendment with the adopted Town Plan and the public health, safetyand welfare.§230-37. Hearing and notice required.Amendments shall only be adopted after a public hearing has been held and legal notices havebeen published as prescribed by the statutes and approved by the Commission.§230-38. Effective date of amendments.Amendments shall become effective at such time as is fixed by the Commission.Article VI. Definitions§230-39. Word usage and definitions.Words and phrases used in these regulations have the ordinary meanings as defined instandard dictionaries. Where doubt arises as to the intended meaning of any section, theproper interpretation shall be determined by the Planning and Zoning Commission.Terms below shall have the following meanings:ACCESSThe portion of a driveway or travel way for vehicles between the edge of the road and theproperty line, commonly referred to as the "apron." (For application see DrivewayOrdinance.[1])ACCESSWAYAny portion of a lot 25 feet in width which serves to connect the building area of the lotwith the road on which it has frontage and access. Accessway is not counted towardminimum lot area.AQUIFERA geologic formation which is capable of yielding usable quantities of groundwater.AQUIFER, BEDROCKThe water-bearing strata of fractured crystalline rock which underlie upland till areas andare usually tapped by deep-driven wells for domestic water supply.AQUIFER, STRATIFIED DRIFTAn earth formation comprised of sedimentary deposits, primarily lowland sand andgravel, which are capable of yielding significant quantities of groundwater.BUILDABLE AREAThe portion of a lot within which buildings or enclosed structures may be erected aslimited by these regulations.COMMISSIONThe Planning and Zoning Commission of the Town of Weston, Connecticut.CONSTRUCTION PLANThe plan map which accompanies a subdivision plan and shows the location, design andgeneral specifications of specific improvements required to be constructed as a conditionof the subdivision approval.

DEAD-END STREETAny road or connected group of roads with one common egress and ingress.DEVELOPERAny person, persons, group, association, company, or corporation who or which engagesin the development of land, whether intended for resale or not.DEVELOPMENTThe construction of facilities or alteration of land which attends the creation of buildingsites, roads, driveways, drainage, buildings or structures, utilities, sewage disposalsystems, or any other intensively built use of land.DRAINAGEAny system, natural or man-made, arranged to collect and transport the surface orsubsurface runoff water discharged from land.DRIVEWAYA graded and constructed roadway situated on a lot, designed to be used as the meansof vehicular ingress from a road to the site of a building or structure.DRIVEWAY ORDINANCE, TOWNThe Driveway Ordinance of the Town of Weston, as now and hereafter adopted by theTown.[2]DUAL FRONTAGEA lot which extends along two or more public or private roads, such roads being ownedby other than the lot owner.DWELLINGA structure or portion thereof which is used exclusively for human habitation.EASEMENTA designated area of real property for which specific legal rights have been granted by itsowner to others, together with those assigned rights.EASEMENT, ACCESSAn easement which grants to authorized persons, vehicles, or conveyances the right oftravel thereon between specified points, together with rights to improve the same forsafety or convenience.EASEMENT, DRAINAGEAn easement which grants to public or private parties the right to discharge collectedstormwater thereon, or to convey the stormwater to another point of discharge, togetherwith rights to channel, pipe or otherwise control the flow of water.EASEMENT, NEGATIVEAn easement which precludes the owner of the land from doing that which the ownerwould be entitled to do if the easement did not exist.EASEMENT, POSITIVEAn easement which grants, to the Town or to others, rights for specified uses of propertyfor installation and maintenance of improvements thereon, such as utility lines, sloperights, recreational or safety use, or development rights.EASEMENT, SCENICAn easement which grants, to the Town or to others, the right to preserve and maintain inan open or undisturbed natural condition an area of special scenic or natural value, suchas a stream, a water body, a ledge, a trail, or a distant view.EASEMENT, SIGHT LINEAn easement which grants to the Town, or to the holder of fee title to a road, the right toestablish clear sight lines between approaching traffic.EASEMENT, SLOPEAn easement which grants to the Town, or to the holder of fee title to a road, the right touse an area adjacent to the road for maintenance of a stable earth slope or constructedembankment.ENVIRONMENTAL RESOURCES MANUAL

The Weston Environmental Resources Manual, a Guide to Natural Carrying Capacity inConnecticut, booklet and maps prepared for the Weston Planning and ZoningCommission, September 1976, on file at Weston Town Hall.EROSIONThe process by which water and wind cause the removal and redistribution of soil orother earth materials.FLOODPLAINAn area of lowland subject to intermittent flooding as defined in the FloodplainManagement Regulations of the Town of Weston.FLOODPLAIN MANAGEMENT REGULATIONSThe Floodplain Management Regulations of the Town of Weston, Connecticut (effectiveDecember 4, 1978), as now and hereafter adopted by said Town.[3]FLOODPLAIN, ONE-HUNDRED-YEARAny land contained within the one-hundred-year frequency flood boundaries as now orhereafter shown on the rate maps adopted for flood insurance purposes by the FederalEmergency Management Agency, Federal Insurance Administration, United StatesDepartment of Housing and Urban Development, or successor agencies.FLOODWAY (also REGULATED FLOODWAY)The channel of a river or other watercourse and the adjacent land areas that must bereserved in order to discharge the base flood without cumulatively increasing the watersurface elevation.FRONTAGEThe extent of a lot along any road, street or public way on which it abuts.GRADE (also GRADIENT)The relative inclination or slope of a road or driveway, expressed as percent deviationfrom the horizontal at any point (e.g., a seven-percent grade indicates that that surface isrising or declining at a rate of seven feet vertical distance per 100 feet horizontal distanceat the cited point).INLAND WETLAND REGULATIONSAn Ordinance Concerning the Regulation of Inland Wetlands and Watercourses of theTown of Weston (effective March 16, 1977) as now and hereafter adopted by the Town ofWeston Conservation Commission.[4]LOTA parcel of land used, intended or potentially available for building purposes. (Note: Forcertain limitations see Zoning Regulations §240-74.)MAINTENANCE COVENANTA written agreement, approved as to form and content by the Planning and ZoningCommission, designating lots and binding the respective lot owners, with theirsuccessors and assigns, to specified responsibilities to maintain shared facilities (such asdriveways, drainage, open space, recreation, etc.), as a condition of subdivision planapproval.OPEN SPACELand permanently reserved from intensive development and dedicated to a suitablepublic or private organization for safety, recreation or for the purpose of preserving saidland in a natural condition consistent with the conservation objectives of theseregulations.PLAN OF DEVELOPMENT, TOWNThe official Plan of Development for the Town of Weston, Connecticut, with allamendments thereto, as now and hereafter adopted by the Town of Weston Planning andZoning Commission.REAR LOT (FLAG LOT)A lot on or abutting a public road and where access to the public road is by a narrow,private right-of-way.RECHARGE AREA, PRIMARY

(1)(2)(3)(1)The entire land surface and subsurface storage area of a stratified drift aquifer; this areareceives groundwater recharge directly by percolation from its surface as well as laterallyfrom adjacent secondary recharge area.RECHARGE AREA, SECONDARYThe land surface and subsurface drainage area upland from and directly tributary to astratified drift aquifer; groundwater and surface water not reaching perennial streams inthis area recharge the primary aquifer.REGULATIONSThe Subdivision Regulations of the Town of Weston, as herein contained, together withall amendments and attachments incorporated by reference.RESERVE AREA, SEPTICAn area of a lot designated and reserved for potential replacement of an existing orproposed sewage disposal system, approved for such purpose by the Westport-WestonHealth District.RESERVE STRIPA tract or strip of land set aside to prevent the extension of a road, access drive, or utilityline.RESUBDIVISIONA change in a map of an approved or a recorded subdivision or resubdivision if suchchange:Affects any street layout shown on such map;Affects any area reserved thereon for public use; orDiminishes the size of any lot shown thereon and creates an additional building lot, ifany of the lots shown thereon have been conveyed after the approval or recording ofsuch map.RETENTION AREA OR BASINA land surface area designated to collect and impound the increased stormwater runoffgenerated by land development, for the purpose of controlled release to groundwater orsurface streams.RIGHT-OF-WAYThe legally defined strip of land which constitutes an easement for roadway or otherpurposes.ROAD (STREET)Any street, highway, avenue, lane or way dedicated to public use for movement ofvehicles and pedestrians and which is shown on a subdivision plan approved by theCommission (or a map filed in the office of the Town Clerk prior to March 1, 1956); saidroad may be a state, Town or private road but excludes private driveways and rights-of-way.ROAD CONSTRUCTION REGULATIONS, TOWNStandard Specifications for Subdivision Road Construction, Town of Weston,Connecticut, effective April 1, 1970, as now and hereafter adopted by the Town ofWeston, which ordinance is hereby incorporated by reference.SEDIMENTATIONThe process by which earth material, both mineral and organic, is carried in suspensionby air, ice or water.SEPTIC SYSTEM (also SEWAGE DISPOSAL SYSTEM)Any subsurface system designed for the detention and treatment of domestic sewage,including holding tanks, leaching fields and all related components.SIGHT LINE DISTANCE (also CLEAR SIGHT LINE)The distance, measured in feet along an unobstructed line of vision, between a viewerand a distant object. For analysis, required sight lines are measured as follows:At an intersection, approaching required "stop" line, taken from a point 3.5 feetabove grade and 15.0 feet back from the travel way of the intersecting road,extending to approaching objects 4.0 feet high.

(2) For all moving traffic lanes of a roadway, taken from a point 3.5 feet above grade atthe center of the travel lane, extending forward to all parts of the travel way toobjects 0.5 foot high.SILTATIONThe process by which earth material is deposited in water bodies or lowland areas.SLOPEThe average natural grade of inclination of the earth's surface, measured for any point asthe percent of deviation from the horizontal, based on topographic datum at five-footintervals (e.g., a twenty-percent slope indicates land surface is rising or declining at anaverage 20 feet vertical distance per 100 feet horizontal distance at the cited point).SOIL CONSERVATION SERVICE (SCS) HANDBOOKThe Erosion and Sediment Control Handbook for Connecticut, published by the UnitedStates Department of Agriculture, Soil Conservation Service, Storrs, Connecticut, 1976,and as it may be subsequently revised.SOIL SURVEYThe Soil Survey of Fairfield County, Connecticut, published by the United StatesDepartment of Agriculture, Soil Conservation Service, 1981, Storrs, Connecticut. Generaltypes of soil classifications.SOLAR ENERGY SYSTEMA complete design or assembly consisting of a solar energy collector, an energy storagefacility (where used), and components for the distribution of transformed energy.STRUCTUREA combination of materials to form a construction for use, occupancy, or ornamentation,whether installed on, above, or below the surface of land or water.SUBDIVISIONThe division of a tract or parcel of land into three or more parts or lots, made subsequentto the adoption of subdivision regulations by the Commission, for the purpose, whetherimmediate or future, of sale or building development (for municipal, conservation oragricultural purposes), including resubdivision.SUBDIVISION APPLICATIONThe plan map and other documents which together comprise a complete application forsubdivision approval.TOWNThe Town of Weston, Connecticut.TRACTA lot, parcel or group of contiguous parcels comprising a subdivision.TRAVEL WAYThat portion of a road or driveway which is designed and improved for the regularaccommodation of vehicular traffic, shoulders, intersections and turnarounds.TURNAROUNDThe terminal portion of a dead-end road, designed to facilitate the turning of vehicles tothe opposite (or return) traffic flow direction.TURNAROUND, TEMPORARYA turnaround serving a dead-end road which is planned for eventual extension, whereboth extension and turnaround are in accordance with plans approved by the Planningand Zoning Commission.WATERCOURSEAny natural or artificial stream, river, creek, ditch, channel, canal, conduit, culvert, drain,waterway, gully, ravine or wash in which water flows in a definite direction or course,either continuously or intermittently, and has a definite channel, bed and banks, andincludes any area adjacent thereto subject to inundation by reason of overflow orfloodwater.WATERSHEDThe area drained by a given stream or river.

[1][2][3][4][5]A.B.C.D.E.WETLANDSLand consisting of soils which are poorly drained, very poorly drained, alluvial orfloodplain as more particularly defined in the Weston Inland Wetland Regulations.ZERO INCREMENTAL RUNOFF (also ZERO EXTRA RUNOFF)The principle of detaining stormwater runoff on a site, through natural or artificial means,to achieve a rate and volume of stormwater discharge from the site which will be nogreater after site development than the maximum rate and volume of stormwaterdischarge prior to development.ZONING REGULATIONSThe Zoning Regulations of the Town of Weston, Connecticut, as now and hereafteradopted.[5]Editor's Note: See Ch. 51, Driveways.Editor's Note: See Ch. 51, Driveways.Editor's Note: See Ch. 212, Floodplain Management Regulations.Editor's Note: See Ch. 215, Inland Wetlands and Watercourses Regulations.Editor's Note: See Ch. 240, Zoning Regulations.Chapter 240. Zoning Regulations[HISTORY: Adopted by the Planning and Zoning Commission of the Town of Weston 1-11-1980(Appendix A of the 1981 Code). Amendments noted where applicable.]GENERAL REFERENCESPlanning and Zoning Commission—See Ch. 18, Art. I.Aquifer Protection Agency—See Ch. 18, Art. VII.Building construction—See Ch. 23.Citations—See Ch. 39.Driveways—See Ch. 51.Land use fees—See Ch. 70, Art. I.Historic Districts—See Ch. 93.Aquifer protection area regulations—See Ch. 207.Floodplain management regulations—See Ch. 212.Inland wetlands and watercourses regulations—See Ch. 215.Subdivision regulations—See Ch. 230.Article I. Purposes§240-1. Statement of purposes.The Planning and Zoning Commission of the Town of Weston, Connecticut, hereby adopts theseregulations in furtherance of the Town’s adopted comprehensive plan of development and inaccordance with the purposes, authority and requirements of Chapter 124 of the General Statutesof the State of Connecticut, as amended, more particularly described as follows:To guide the future growth and development of the Town in accordance with a comprehensiveplan designed to promote the most beneficial and convenient relationship among theresidential, commercial and public areas within the Town, considering the appropriateness ofthe various uses in each area, and the suitability of each area for such uses, as indicated byexisting conditions and trends in development.To provide adequate light, air and privacy; secure safety from fire and other dangers; andprevent overcrowding of the land and undue concentration of population.To protect the character and the social and economic stability of all parts of the Town, and toensure that all development shall be orderly and beneficial.To protect and conserve the value of land throughout the Town and the value of the buildingsappropriate to the various zones established by these regulations.To bring about the gradual conformity of the uses of land and buildings throughout the Townto the adopted comprehensive plan of development, and to minimize conflicts among theuses of the land and buildings.

F.G.H.I.A.B.To promote the most beneficial relation between the uses of land and buildings and thecirculation of traffic throughout the Town, having particular regard to the avoidance ofcongestion in the roads and the provision of safe and convenient traffic access appropriate tothe various uses of land and buildings throughout the Town.To aid in providing a guide for public policy and action in the efficient provision of publicfacilities and services, and for private enterprise in building development, investment, andother economic activity relating to uses of land and buildings throughout the Town.To encourage development commensurate with the availability and capacity of public facilitiesand services, thereby facilitating adequate provision for transportation, water, schools, parksand other public requirements.To prevent the pollution of ponds and streams, safeguard the water table and encourage thewise use and sound management of natural resources throughout the Town in order topreserve the integrity, stability and beauty of the community and the value of the land.Article II. Establishment of Districts§240-2. Classes of districts and purposes.Inasmuch as the character and type of development throughout the Town is predominantly ruralresidential, supplemented by a limited amount of business and service establishments for theconvenience of local residents, and based upon the rugged nature of the Town's topography, andthe policies expressed in the adopted Town Plan of Development, the Town of Weston is herebydivided into the following districts:R-2A, Two-Acre Residential and Farming District.NSC, Neighborhood Shopping Center District.§240-3. Zoning Map.The boundaries between districts are hereby established as shown on the map entitled "ZoningMap, dated November 19, 1970" which accompanies these regulations and is on file in the officeof the Town Clerk. Said map and all explanatory matter thereon are hereby adopted and made apart of these regulations.§240-4. District boundaries.District boundary lines are intended to follow roads, rights-of-way, watercourses, or lot lines, or beparallel or perpendicular thereto, unless such boundary lines are fixed by dimensions, as shownon the Zoning Map.§240-5. Parcels of land in more than one zone.Where a district boundary line divides a parcel of land under single ownership of record, theregulations specified herein for each district shall apply only to those portions of the parcel withinsuch district.Article III. General Regulations§240-6. Conformity required.Except as hereinafter provided, no land, building or structure, or part thereof, shall hereafter beused, and no building or part thereof, or other structure, shall be erected, constructed,

(1)(2)(3)(4)(a)(b)(c)(5)A.g preconstructed, extended, enlarged, altered or moved, and no building or structure, or part thereof,shall be moved onto any plot or parcel of land except in conformity with these regulations.§240-7. Existing subdivisions.These regulations shall apply to subdivision layouts now on file in the land records; provided,however, that nothing herein shall be construed to interfere with vested rights existing prior to theeffective date of these regulations. Should the property included within said subdivision layouts beresubdivided at any time in the future, said resubdivision plans shall conform to these regulations.§240-8. Conflicting standards.Where these regulations impose requirements for greater width or size of lots, or other openspaces, or a lower height of building, or fewer number of stories, or a greater percentage of lotarea to be left unoccupied, or impose other and higher standards than are required in any otherstatute, bylaw, ordinance or regulation, the provisions of these regulations shall govern. If theprovisions of any other statute, bylaw, ordinance or regulation require a greater width or size oflots, or other open spaces or a greater percentage of lot area to be left unoccupied or imposeother and higher standards than are required by these regulations, the provisions of such statute,bylaw, ordinance or regulation shall govern.§240-9. Regulations applicable to all districts.The following regulations shall apply in all zoning districts:Buildings, uses and lots.Lot for every building. Every building hereafter erected shall be located on a lot asdefined herein, and except for Neighborhood Shopping Center Districts, there shall be nomore than one principal building and its accessory structures located on any one lot.Subdivision of a lot. Where a lot is formed hereafter from part of a lot already occupied bya building or structure, such separation shall be effected in such manner as not to impairconformity with any of the requirements of these regulations.Lot width required. No part of any dwelling or other structure housing a principal use shallbe erected on any part of a lot which is less width than the minimum required.Parts of lot not counted toward minimum area requirements. No part of any lot reservedfor or used as a road, right-of-way or accessway shall be counted as part of the requiredminimum lot area. Land subject to easements for aboveground utilities which forbidbuildings or structures within the area of the easement shall not be included as part ofminimum lot area, nor shall any easement which grants exclusive surface use of theproperty to other than the owner, except drainage easements. Land under water andsoils defined as "very poorly drained" in the National Cooperative Soils Survey, as maybe amended from time to time, of the Soil Conservation Service of the United StatesDepartment of Agriculture may be used to satisfy no more than 20% of the minimum lotarea requirement.[Amended 7-1-1986]New building on existing lots. A permit shall be issued for a permitted use on a lot whichdoes not meet the minimum area or dimension requirements of these regulations:[Amended 9-15-1985]Provided that such lot existed in separate ownership as of the effective date of theseregulations, or of any pertinent amendment thereof, and was so recorded on theAssessor's records or the land records of the Town;Provided that the lot met the zoning requirements at the time the deed to the lot wasrecorded;Provided that the owner of such lot did not and does not own other land contiguousthereto or directly across a road therefrom at the time of the adoption of these

(d)(6)(7)(1)(2)(3)(4)B.regulations, or subsequent thereto. (If this is the case, such other land or so muchthereof as may be necessary, shall be combined with the first-named lot in suchmanner as to produce one or more conforming lots); andFurther provided that all setback and other requirements are complied with, in so faras possible, at the time of obtaining the zoning permit.Split lots. A parcel or tract of land that is divided by a public or private road, a majorwatercourse, a public or private easement restricting development (other than a utilityeasement or a right-of-way) does not meet the minimum lot area requirements unless itcontains at least two contiguous acres of land. For purposes of this regulation, land is notcontiguous if a public or private road, a major watercourse, a public or private easementrestricting development, or a right-of-way divides it. This contiguity requirement applieseven if the public or private road, major watercourse, public or private easementrestricting development, or right-of-way and the parcel or tracts of land are in the sameownership. Construction on a lot that is subject to this section of the minimum arearequirement regulation must take place on that section of the lot that contains the twocontiguous acres of property. This regulation does not apply to passageways that serveas a second access to a parcel or tract of land and are dedicated exclusively toemergency access. For purposes of this section, "major watercourse" shall mean theSaugatuck River, the Aspetuck River, the West Branch of the Saugatuck, and anynonseasonal branch or tributary thereof being more than two feet wide at any point withinthe subject lot. (See C.G.S. §8.26a.)[Amended 5-18-2006]Odd-shaped lots. A lot may not measure less than 75 in width or depth at any pointexcept where the measurement of the width or depth of the lot at such point multiplied bythree is equal to or greater than the distance from such point to the point where the lotboundary lines form a figure closed on three sides measured along a line runningthrough the center of such portion of the lot. An accessway otherwise in compliance withthese regulations shall not be a violation of this subsection. For example, a lot whichnarrows to 50 feet at a given point must become a closed geometric figure within 150 feetof such point. (See Illustration No. 1.) A lot which narrows to 30 feet at a given point mustbecome a closed geometric figure within 90 feet of such point. (See Illustration No. 2.)[Amended 5-4-2006]Illustration No. 1 Illustration No. 2Structures and projections within setback areas and additional restrictions.Architectural features. Notwithstanding the terms of §§240-9B(7), 240-11F and 240-12D,architectural features such as window sills, belt courses, chimneys, balconies, cornices,eaves or bay windows may project up to three feet into any setback area.[Amended 5-26-2011]Terraces. Notwithstanding the terms of §§ 240-9B(7), 240-11F and 240-12D, a terracemay extend no less than 20 feet from the front lot line or any side or rear lot line. Theforegoing shall not apply to porches which shall be subject to §§240-9B(7), 240-11F and240-12D without adjustment.[Amended 5-26-2011]Fences. The provisions of §§240-9B(7), 240-11F and 240-12D, shall not apply to fences.[Added 5-26-2011]Swimming pools and playing courts. All swimming pools, tennis, paddle and other suchplaying courts shall be deemed to be structures and shall be subject to §§ 240-9B(7),240-11F and 240-12D without adjustment.[Amended 5-26-2011]

(5)(6)(7)(8)(9)(10)[1](1)[2](2)C.Projecting features above the roof level. The height limitations of these regulations shallnot apply to antennas, flagpoles, church spires, belfries, cupolas, chimneys, or similarfeatures, provided that such are not used for human occupancy, provided that they shallnot extend more than 15 feet above roof level, and provided that the total area coveredby such features shall not exceed 10% of the area of the roof upon which they arelocated.[Amended 5-1-1989]Visibility at intersections. No structure, fence, hedge, tree or other planting shall beerected, placed or maintained on a corner lot in such a way as may obstruct trafficvisibility across the triangular area formed by the two intersecting road right-of-way linesand a straight line connecting points along said right-of-way lines, which points arelocated 50 feet distant from the theoretical point of intersection of such lines measuredalong the lines. This provision shall not apply to existing trees, provided that no branchesare closer than six feet to the ground.[Amended 5-26-2011]Setback from watercourses. No structure shall be erected, constructed or reconstructedwithin 50 feet from the edge of any watercourse. The term "watercourse" shall have themeaning ascribed to such term in §22a-38 of the Connecticut General Statutes.[Amended 12-30-2009]Exterior lighting. All exterior spot- or floodlighting, including the lighting of signs, shall beof such type and location and shall have such shading as will prevent the source of thelight from directly illuminating any adjacent property or road. Within NeighborhoodShopping Center Districts, lighting shall be extinguished within one hour of the closing ofa business use, but in no case later than 10:00 p.m. except such illumination as may bepermitted by the Commission for property protection and public security. In approving anyspecial permit application, the Zoning Board of Appeals may further limit the hours oflighting.Accommodation for the disabled. The Commission may, in its discretion and uponapplication by the owner, issue a permit for the temporary installation of an access ramp,elevator or other facility intended exclusively to provide a means of access to or within aresidence or other structure for resident with a disability which facility would otherwise beprohibited under these regulations. The permit shall expire and the facility shall beremoved upon the earlier of i) the tenth anniversary of the approval unless an applicationto renew is made, and ii) the date the disabled resident named in the application or his orher estate or administrator shall permanently relinquish residence of the property onwhich the facility is located. The Commission may, in its discretion, impose suchreasonable conditions as it deems appropriate including, without limitation, requiringsubmission of a bond to secure the obligation to remove the facility upon expiration of thepermit. The Commission may also in its discretion accept an application to renew saidpermit after the tenth anniversary referred to above. For purposes of this section, theterm "disability" shall have the meaning ascribed to such term in the Americans withDisabilities Act.[Added 12-30-2009]Travel way obstructions. In order to provide adequate room for emergency vehicles toturn into driveways and access buildings and parcels, no structure, tree, shrub, boulder,mailbox or other obstruction shall be erected, placed or installed alongside any paved orunpaved vehicular travel way (including, without limitation, public ways and driveways) soas to reduce the unobstructed access to less than 14 feet in width. Such minimumrequired access may be increased in the discretion of the Commission or its agent to theextent required to accommodate the turn radii of emergency vehicles. No vehicular travelway may be obstructed by an arch or other overhead structure.Fences.[Amended 4-16-2012, effective 4-27-2012]Fence height. No portion of any fence[1] shall exceed six feet in height.Guidance: Walls and retaining walls are included in the definition of "fence."Open mesh fence. Notwithstanding the provisions of Subsection C(1), that portion of afence consisting of open mesh having a mesh size of no less than two inches andconsisting of a wire diameter of no greater than 0.120 inch (11 gauge)[2] may measure upto 10 feet in height [measured from the adjoining grade pursuant to Subsection C(3)below].Guidance: This is standard chain link.

[ ](3)(4)(1)(2)A.(1)(2)(3)(4)(5)(6)B.C.Measurement of fence height. For purposes of this Subsection C, the height of a fence atany given point shall be determined by measuring the height of such fence from theadjoining finished grade on one side of the fence. In the event the measurement of oneside of the fence differs from the other (including, without limitation, retaining walls), thegreater measurement shall be deemed to be the height of the fence at the point ofmeasurement. In the event the fence is constructed on a berm less than 20 feet in widthat its base, the height of the berm shall be included in the height of the fence. In theevent the fence is constructed within 20 feet of a retaining wall, the height of the retainingwall shall be included in the height of the fence. All ornamentation, lighting and otherstructures affixed to a fence shall be deemed part of the fence for purposes ofmeasurement.Prohibited materials. Barbed wire, razor wire, corrugated metal, orange plastic and likematerials shall not be permitted.§240-10. Only listed uses permitted.No building, structure or premises shall be built, erected, altered, used, arranged or designed tobe used for any purpose other than those specified in this section. Only those uses specificallylisted as being permitted shall be permitted. All new construction shall require a zoning permit inaccordance with § 240-67, and new or changed uses shall require a certificate of zoningcompliance in accordance with §240-68.§240-11. Two-Acre Residential and Farming District.Permitted principal uses. The following are permitted principal uses in the Two-AcreResidential and Farming District:[Amended 5-26-2011]Single-family dwelling, not to exceed one per lot.Farming, provided that no structure used in any farming operation shall be less than 100feet from any property line.Permitted accessory uses. The following are permitted accessory uses in the Two-AcreResidential and Farming District:[Amended 5-26-2011]Limited home occupation, subject to the terms and conditions of §240-32.The keeping of roomers or boarders, subject to the terms and conditions of §240-33.Apartment, subject to the terms and conditions of §240-34.Signs, subject to the terms and conditions of Article VII.Customary accessory uses.The display and sale of farm and garden produce and nursery and greenhouse stock themajority of which is raised on the premises ("produce"), provided that the areas, facilitiesand intensity of use devoted to the sale of produce remain clearly incidental to thepermitted principal farming or residential use of the property. In no case shall the areadevoted to the display and sale of such products exceed 400 square feet of groundand/or floor space. If any permanent structure is principally utilized for the sale ofproduce, a detailed plan for said structure and the parking area or areas shall besubmitted to and approved by the Planning and Zoning Commission in accordance withprocedures set forth in §§240-58 and 240-59, and with any entrance/exit drive designedso as to ensure adequate sight lines and minimize traffic hazards.[Added 9-16-2013, effective 9-26-2013]Uses permitted by special permit. The following are permitted uses in the Two-AcreResidential and Farming District subject to: i) the issuance of a special permit pursuant toArticles IV and V; and ii) any requirements and conditions imposed in connection with suchapproval:[Added 5-26-2011]

(1)(2)(3)(4)(5)(6)(7)(8)(9)(10)(11)D.(1)(2)(3)E.(1)(2)F.G.H.Place of worship, subject to the terms and conditions of §240-21.Fire station, subject to the terms and conditions of §240-22.Private school, subject to the terms and conditions of §240-23.Club, subject to the terms and conditions of §240-24.Nursery school, subject to the terms and conditions of §240-25.Riding stable or academy, subject to the terms and conditions of §240-26.Municipal uses on lots owned by the Town of Weston, subject to the terms and conditionsof §240-27.Regulated home occupation, subject to the terms and conditions of §240-28.Museum/art gallery, subject to the terms and conditions of §240-29.Farmers' market, subject to the terms and conditions of §240-30.Parks and playgrounds, subject to the terms and conditions of §240-31.Minimum lot area: two acres.Minimum lot dimensions. The shape of each lot shall be such that a rectangle 170 feet by 200feet can be contained within its horizontal boundaries. No part of any dwelling or principalbuilding shall be erected at a point where the lot width is less than 170 feet. Each lot shallhave frontage on a road or highway, as defined herein, of at least 170 feet, except as follows:Where a lot fronts on a permanent turnaround no frontage of less than 50 feet shall bepermitted.One lot with a minimum frontage of 25 feet, or two adjacent lots each with a minimumfrontage of 25 feet, shall be permitted between any two other lots each with a minimum of170 feet of road frontage.Access to two lots which would otherwise be served by adjacent twenty-five-foot wideaccessways may be served by a common private right-of-way which is a minimum of 30feet in width and has at least 30 feet of road frontage, where access is provided in theform of a joint travel path at least 16 feet in width and centered on the common propertyline. Acreage involved in the thirty-foot common right-of-way may not be counted asacreage toward the minimum lot dimension.Minimum setback requirements. No structure shall extend less than 50 feet from the front lotline or 30 feet from any side or rear lot line. Notwithstanding the foregoing:[Amended 5-26-2011]In the case of a flag lot, no structure shall extend less than 30 feet from any lot line; andIn the case of a corner lot, no structure shall extend less than 50 feet from any front lotline or lot line adjacent to a road, or 30 feet from any other lot line.Maximum building coverage. The land area covered by all principal and accessory buildingsshall not be permitted to exceed 15% of the total lot area.Maximum building height. No building or structure shall be permitted to exceed a height of 35feet.[Amended 3-1-1992]§240-12. Neighborhood Shopping Center District.[Amended 1-18-2007]This Neighborhood Shopping Center District shall provide the people of Weston with needed anddesirable convenience goods and services in a manner which will not be detrimental to thesurrounding residential areas. The uses permitted in this district shall be limited to those which willprimarily serve the residents of Weston and are consistent with the purposes for which the districtwas designed.

(1)(2)(3)(4)A.(1)(2)(3)(4)B.(1)(2)C.(1)(2)(3)(4)(5)(6)(7)(8)D.E.F.(1)G.Permitted principal uses.Stores and shops for the conduct of retail sales and personal service uses of a localconvenience character.Banks, business, professional, and civic offices.Restaurants and other food service establishments where customers are served onlywhen seated within an enclosed building. Such uses, however, may include a foodtakeout service incidental to the primary permitted use.Automotive service stations, as defined in § 240-74, provided that any such station islocated in a place approved by the Commission as not interfering with the normaloperation of the balance of the Neighborhood Shopping Center District development, orthe movement of pedestrian and vehicular traffic thereto and therefrom.Permitted accessory uses.Parking and loading space for motor vehicles, in accordance with the requirements ofArticle VIII.Business signs, in accordance with the requirements of Article VII.Exterior lighting, in accordance with the requirements of §240-9B(8).Any other use clearly and customarily incident to a permitted principal use.Limitation on uses.The maximum square footage of any single building shall not exceed 8,000 square feet,regardless of its use. Calculation of such square footage shall include, but not be limitedto, all floors, attics, basements, cellars, exterior areas enclosed by walls, fences and forhedges, and areas devoted to utilities.[Amended 12-7-2006]There shall be no exterior storage of articles for sale, or of other materials or equipment,except for a small amount of materials and equipment placed at the gasoline pump andsolely for convenience in serving customers.Lot dimensions.Minimum lot area: five acres.Minimum width of lot: 300 feet.Minimum depth of lot: 300 feet.Minimum road frontage: 300 feet.Minimum setback, front lot: 100 feet.Minimum setback, side lot: None, except where such lot abuts a residence district or aroad, in which case the setback shall be at least 100 feet.Minimum setback, rear lot: 100 feet.Minimum setback for off-street parking and loading areas: 50 feet where adjoining a lot ina residence district; 10 feet where adjoining a street, except where a wider buffer plantingis required by Subsection G of this section; 10 feet where adjoining a building in the caseof unenclosed off-street parking areas intended for the customer use.Maximum building height: two stories; 30 feet.Maximum building coverage. Maximum coverage of buildings, structures and paved areasshall not exceed 15% of the lot area.Landscaping.Where a lot abuts or is directly across a minor road, as defined in the Town Plan ofDevelopment, from a residence district, a twenty-five-foot wide buffer strip shall beplanted and permanently maintained with evergreen landscaping of a type, height and

(2)(1)(a)(b)(c)(d)(e)(f)(g)(2)(3)[1](4)H.spacing approved by the Commission as being adequate to effectively screen the view ofsuch development from a person standing at ground level on the residentially zonedproperty.All other portions of a lot not covered by buildings, structures, off-street parking andloading spaces, sidewalks, or similar improvements shall be landscaped andpermanently maintained with trees and/or other plantings of such type, height andlocation as may be necessary to harmoniously blend the business area in with the ruralresidential character of the Town as a whole. Areas may be permitted to remain in theirnatural state when approved as appropriate with the above objective by the Commission.Approval of site plans.[Amended 5-31-2007]Before the issuance of a zoning permit, a detailed plan of development shall besubmitted by the applicant to and approved by the Commission, and no developmentshall be carried out, or certificate of zoning compliance issued, except in conformancewith such approved plan or a similarly approved revision of such plan.The plan of development shall include, with respect to all existing and proposeddevelopment:A survey meeting the minimum detail standard requirements for ALTA/ACSM landtitle surveys, and including all optional survey responsibilities and specifications aspromulgated by the American Land Title Association then in effect, including, withoutlimitation, parking data;A floor plan showing the basic subdivision of buildings, all entrances, exits andloading and service areas;Elevation drawings of all sides of the building, with finish materials and colorsindicated;Samples of all finish materials to be used on the exterior of any building;A lighting plan showing the location, direction, power and timing of all exteriorlighting and illuminated signage;A roof plan showing all mechanical equipment, vents, hatches, skylights, etc., andthe type and extent of screening to be provided; andA list of all existing and proposed tenants, the permitted uses under each lease, andthe number of square feet occupied by each such tenant.In acting upon such plan of development, the Commission shall determine that therequirements of the Zoning Regulations are met, and that the plan of development issuch that the architectural design, scale and mass of buildings and other structures,including the exterior building material, color, roofline and building elevations shallharmonize and be compatible with the residential nature of the community, to protectproperty values in the neighborhood, and to preserve the appearance and beauty of thecommunity. The Commission shall attach such conditions to its approval as may benecessary to assure initial and continued compliance with these and other above-specified requirements.The Commission shall act to approve or disapprove such plan of development within 65days of the date it is received, and failure to act within such time limit shall constituteapproval of the plan except to the extent such period may be extended pursuant to thestatute.[1]Editor's Note: Amended at time of adoption of Code (see Ch. 205, Adoption ofRegulations, Art. II).Article IV. Special Permit Approval§240-13. Uses deemed to be permitted uses.

A.B.C.D.E.F.Those uses identified in these regulations as requiring special permits shall be deemed to bepermitted uses, subject to the satisfaction of the requirements and standards set forth in thissection, in addition to all other requirements of these regulations. All such uses are declared topossess characteristics of such unique and distinct form that each specific use shall be consideredas an individual case.§240-14. Application.[Amended 2-1-1984; 10-30-1986]Application for a required special permit shall be made to the Planning and Zoning Commission.Said application shall be accompanied by four black and white prints of the proposed plan asrequired by §240-15, and stamped envelopes with no return address, addressed to each of theowners of property within 250 feet of any portion of the lot on which the proposed special permit islocated; such owners to be as shown in the latest real estate lists of the Town of Weston (or theactual owners of record if otherwise known to the applicant). Each such application shall besubmitted to the Planning and Zoning Commission which shall hold a public hearing thereon andrender a decision in accordance with §§ 8-26d and 8-26e of the Connecticut General Statutes.The Planning and Zoning Commission may approve the application and issue a special permit,provided that it finds that all of the following conditions and standards have been met:The proposed use will serve a community need or convenience.The location and size of the use, the nature and intensity of the operations involved in orconducted in connection with it, the size of the site in relation to it, and the location of the sitewith respect to streets giving access to it are such that it will be in harmony with theappropriate and orderly development of the district in which it is located.The location, nature and height of building structures, walls and fences and the nature andextent of landscaping, screen plantings and exterior illumination on the site are such that theuse will not hinder or discourage the appropriate use and development of adjacent land andbuildings, or impair the value thereof.Operations in connection with any such special permit use will not be more objectionable tonearby properties by reason of noise, fumes, vibration, or other characteristics than would bethe operation of any permitted use not requiring a special permit.Parking areas will be of adequate size for the particular use and shall be properly located andsuitably screened with evergreen planting, walls or fences, or combination thereof, asdetermined necessary by the Planning and Zoning Commission, and the entrance and exitdrives shall be designed so as to minimize traffic hazards.[Amended 2-1-1984]In those cases where it is proposed to convert a building or structure originally built anddesigned for other purposes, the Planning and Zoning Commission shall determine whetheror not such building is adaptable to the proposed use from the point of view of public healthand safety, and if it meets the other requirements of these regulations.[Amended 2-1-1984]§240-15. Required plan.[Amended 2-1-1984]A plan for the proposed development of a lot for a special permit use shall be submitted with thespecial permit application. The plan shall show the location of all buildings, uses, parking areas,traffic access and circulation drives, open spaces, landscaping, topography (including regradedcontours), signs, exterior lighting, special features, and any other pertinent information, includinginformation about neighboring properties, deemed necessary by the Planning and ZoningCommission, to determine and provide for the proper enforcement of these regulations.§240-16. Conditions.[Amended 2-1-1984]The Planning and Zoning Commission shall attach such conditions to any approved use as are, inits opinion, necessary to assure initial and continued conformance to all applicable standards and

[1]A.B.p , y pprequirements and in accordance with law.§240-17. Action following approval.[Amended 2-1-1984]Within 15 days of the approval of a special permit use, the Planning and Zoning Commission shallfile with the Building Inspector and Zoning Enforcement Officer one print of the approved plans,with the approval noted thereon, and a copy of the Commission's resolution, including a list of anyconditions pertaining to the approval. One print of said plan and the resolution shall be madeavailable to the applicant.§240-18. Expiration of special permit.[Amended 10-1-2009]A special permit shall be deemed to authorize only the particular use or uses specified in thepermit. A special permit shall expire if: i) said use or uses cease for more than one year for anyreason other than fire or other casualty or is changed to another use; or ii) all requiredimprovements are not completed as of the date which is five years following the date of issuanceof the special permit, or such shorter or longer period as determined by the Commission and setforth in the conditions of approval. The Commission may extend any expiration date uponapplication by the permittee.§240-19. Extension of certain special permits.[Added 10-1-2009]Notwithstanding the terms of §240-18 or any condition of approval to the contrary, special permitsgranted between December 1, 2007, and September 21, 2009, shall not expire for failure tocomplete required improvements, unless a required improvement remains substantiallyincomplete as of the date which is five years following the date of issuance of the special permit.[1]Editor's Note: Original Section 340, Additional standards and requirements, which immediatelyfollowed this section, was repealed 5-26-2011.Article V. Additional Special Permit Standards and Requirements§240-20. Applicability.[Amended 5-26-2011]The following additional standards and requirements shall apply to the issuance of specialpermits.§240-21. Place of worship.[Amended 2-1-1984; 7-26-2007; 5-26-2011]The Commission may issue a special permit for the operation of a place of worship on thefollowing terms and conditions:Location. All such uses shall be permitted only on a minimum lot area of three acres and onlyin locations fronting on, or having direct, safe and convenient access to, a major or collectorroad as determined by the Planning and Zoning Commission and shown on the Town Plan ofDevelopment Map.Coverage. A minimum rectangle shall be contained within the lot of 300 feet by 300 feet.Minimum road frontage shall be 200 feet, and there shall be dual access to the public road.Building coverage shall not exceed 10% of the site area nor shall the sum total land coveredwith buildings and parking (including driveways) be permitted to exceed 30% of the site area.

C.D.E.F.A.B.(1)(2)C.D.E.Setbacks and parking. Minimum setback of all principal structures shall be 100 feet from thefront line, sidelines and back lot line. Minimum parking setback for structures, land uses orfacilities shall be 100 feet from the front line and 50 feet from the sidelines and back lot line.Minimum required parking space shall be as provided in §240-54.[Amended 6-3-2013]Buffer zone. A buffer area shall be required along all lot lines of at least 50 feet in depth andcontain evergreen planting of such type, height, spacing and arrangement as will screen theactivity on the lot from adjacent properties. A wall or fence of location, height, design andmaterials approved by the Commission as providing equivalent screening may be substitutedfor all or part of the required planting.Additional requirements. Maximum intensity of use and/or membership limit shall be as limitedby the Fire Marshal. Maximum structure height shall be 35 feet, 21/2 stories. Sale of productsor materials shall be restricted to only those products or materials which are customarilyincidental to the principal use as determined by special permit. Dwelling use on the same lotis permitted, but an additional two acres shall be required for the dwelling, and allrequirements for the dwelling and lot must meet the Zoning Regulations.Established houses of worship. Notwithstanding any terms of Subsection C to the contrary, forchurches, temples and places of worship established prior to August 1, 2007, the minimumsetback of all structures shall be 50 feet to 100 feet from the front lot line and 30 feet to 100feet from the side lot lines and the back lot line, as determined in the Commission's discretion.A buffer area within the approved setback area containing plantings and/or a wall or fenceshall be established and maintained by the applicant. The location and size of the buffer issubject to prior review and approval by the Commission.§240-22. Fire station.[Amended 5-26-2011]The Commission may issue a special permit for the operation of fire stations owned by a private,not-for-profit organization or corporation on the following terms and conditions:Location. All such uses shall be permitted only on a minimum lot area of three acres and onlyin locations fronting on, or having direct, safe and convenient access to, a major or collectorroad as determined by the Planning and Zoning Commission and shown on the Town Plan ofDevelopment Map.Coverage. A minimum rectangle shall be contained within the lot of 170 feet by 200 feet.Minimum road frontage shall be 200 feet, and there shall be dual access to the public road.Building coverage shall not exceed 10% of the site area nor shall the sum total of landcovered with buildings and parking (including driveways) be permitted to exceed 30% of thesite area.Setbacks and parking.Minimum setback of all principal facilities and structures shall be 100 feet from the frontline, sidelines and back lot line. Minimum setback of land use shall be 50 feet from thefront line, sidelines and back lot line. Minimum parking setback from structures, land usesor facilities shall be 100 feet from the front line and 50 feet from the sidelines and back lotline.Minimum required parking space shall be as provided in §240-54.[Amended 6-3-2013]Buffer area. A buffer area shall be required along all lot lines of at least 50 feet in depth andcontain evergreen planting of such type, height, spacing and arrangements as will screen theactivity on the lot from neighboring areas. A wall or fence of location, height, design andmaterials approved by the Commission as providing equivalent screening may be substitutedfor all or part of the required planting.Additional requirements. Maximum intensity of use and/or membership limit shall be asspecified by special permit. Maximum structure height shall be 30 feet. Sale of products ormaterials shall be restricted to only those products or materials which are customarilyincidental to the principal use as determined by special permit. Dwelling use on the same lot itprohibited.

F.A.B.C.D.E.A.B.[1]C.D.Exception. This §240-22 shall not apply to fire stations wholly owned by the Town of Weston.§240-23. Private school.[Amended 5-26-2011]The Commission may issue a special permit for the operation of a private school on the followingterms and conditions:Location. All such uses shall be permitted only on a minimum lot area of two acres and only inlocations fronting on, or having direct and convenient access to, a major or collector road asdetermined by the Planning and Zoning Commission and shown on the Town Plan ofDevelopment Map.Coverage. A minimum rectangle shall be contained within the lot of 170 feet by 200 feet.Minimum road frontage shall be 200 feet, and there shall be dual access to the public road.Building coverage shall not exceed 10% of the site area nor shall the sum total of landcovered with buildings and parking (including driveways) be permitted to exceed 30% of thesite area.Setbacks and parking. Minimum setback of all principal structures, equipment and facilitiesshall be 100 feet from the front line, sidelines and back lot line. Minimum parking set backshall be 100 feet from the front line and 100 feet from the sidelines and back lot line. Minimumrequired parking space shall be as provided in §240-54.[Amended 6-3-2013]Buffer area. A buffer area shall be required along all lot lines of at least 50 feet in depth.Within the buffer area there shall be evergreen planting of such type, height, spacing andarrangement as will screen the activity on the lot from the neighboring areas. A wall or fenceof location, height, design and materials approved by the Commission as providing equivalentscreening may be substituted for all or part of the required planting.Additional requirements. Maximum intensity of use and/or membership limit shall be restrictedto eight students per acre. Maximum building height shall be 35 feet, 21/2 stories. Sale ofproducts or materials shall be restricted to only those products or materials which arecustomarily incidental to the principal use as determined by special permit. Dwelling use onthe same property is permitted, but an additional two acres shall be required for the dwelling,and the dwelling and lot must meet all requirements of the Zoning Regulations.§240-24. Club.[Amended 2-1-1984; 5-26-2011]The Commission may issue a special permit for the operation of a club on the following terms andconditions:Location. All such uses shall be permitted only on a minimum lot area of three acres and onlyin locations fronting on, or having direct and convenient access to, a major or collector roadas determined by the Planning and Zoning Commission and shown on the Town Plan ofDevelopment Map.Coverage. A minimum rectangle shall be contained within the lot of 170 feet by 200 feet.Minimum road frontage shall be 200 feet, and there shall be dual access to the public road.Building coverage shall not exceed 10% of the site area nor shall the sum total of landcovered with buildings and parking (including driveways) be permitted to exceed 30% of thesite area.Setbacks and parking. Minimum setback of all principal structures shall be 100 feet from thefront line, sidelines and back lot line. Minimum parking setback for structures, land uses offacilities shall be 100 feet from the front line and 50 feet from the sidelines and back lot line.Minimum required parking space shall be as provided in §240-54.[1]Editor's Note: Amended at time of adoption of Code (see Ch. 205, Adoption of Regulations,Art. II).Buffer area. A buffer area shall be required along all lot lines of at least 50 feet in depth andcontain evergreen planting of such type, height, spacing and arrangement as will screen theactivity on the lot from neighboring areas. A wall or fence of location, height, design and

E.A.B.[1]C.D.E.A.B.materials approved by the Commission as providing equivalent screening may be substitutedfor all or part of the required planting.Additional requirements. Maximum intensity of use and/or membership limit shall be asspecified by special permit. Maximum building height shall be 30 feet. Sale of products ormaterials shall be restricted to only those products or materials which are customarilyincidental to the principal use as determined by special permit. Dwelling use on the sameproperty is permitted, but an additional two acres shall be required for the dwelling, and allrequirements for the dwelling and lot shall meet the Zoning Regulations.§240-25. Nursery school.[Amended 2-1-1984; 8-18-2004; 5-26-2011]The Commission may issue a special permit for the operation of a nursery school on the followingterms and conditions:Location. All such uses shall be permitted only on a minimum lot area of two acres and only inlocations fronting on, or having direct and convenient access to, a major or collector road asdetermined by the Planning and Zoning Commission and shown on the Town Plan ofDevelopment Map. Dwelling use on the same property is permitted, but an additional twoacres shall be required for the dwelling. The dwelling and lot must meet all the requirementsof the Zoning Regulations.Coverage. A minimum rectangle shall be contained within the lot of 170 feet by 200 feet.Minimum road frontage shall be 170 feet or 50 feet on a turnaround or 25 feet on a flag lot.Building coverage shall not exceed 15% of the site area nor shall the sum total of landcovered with buildings and parking (including driveways) be permitted to exceed 30% of thesite area. A single-access driveway shall be permitted.Setbacks and parking. Minimum setback of all principal structures, equipment and facilitiesand land uses shall be 100 feet on the front line, sidelines and back lot lines. Minimumparking setback shall be 100 feet from the front line, 100 feet from the sidelines and back lotline. Minimum required parking space shall be as provided in §240-54.[1]Editor's Note: Amended at time of adoption of Code (see Ch. 205, Adoption of Regulations,Art. II).Buffer area. A buffer area shall be required along all lot lines of at least 30 feet in depth andcontain evergreen planting of such type, height, spacing and arrangement as will screen theactivity, equipment and facilities. A wall or fence of location, height, design and materialsapproved by the Commission as providing equivalent screening may be substituted for all orpart of the required planting.Additional requirements. Maximum intensity of use and/or membership limit shall be eightstudents per acre. Maximum building height shall be 35 feet, 21/2 stories. Sale of products ormaterials shall be restricted to only those products or materials which are customarilyincidental to the principal use as determined by special permit. Dwelling use on the same lotis permitted. If such use is conducted within the dwelling or in a nondwelling, requirements setforth by the State Public Health Department shall be met.§240-26. Riding stable or academy.[Amended 2-1-1984; 5-26-2011]The Commission may issue a special permit for the operation of a riding stable or academy on thefollowing terms and conditions.Location. All such uses shall be permitted only on a minimum lot area of five acres and only inlocations fronting on, or having direct and convenient access to, a major or collector road asdetermined by the Planning and Zoning Commission and shown on the Town Plan ofDevelopment Map.Coverage. A minimum rectangle shall be contained within the lot of 300 feet by 300 feet.Minimum road frontage shall be 200 feet, and there shall be dual access to the public road.Building coverage shall not exceed 10% of the site area nor shall the sum total of landcovered with buildings and parking (including driveways) be permitted to exceed 30% of thesite area.

C.D.E.(1)(2)(3)(4)A.B.C.The setbacks and parking. No structure, riding ring, corral, manure pit used for or inconjunction with the operation shall be located in a manner that any part thereof shall be lessthan 150 feet from the nearest line of any road, street or highway abutting the property or anyside and rear boundary line. Minimum parking setback shall be 150 feet from the front lineand 150 feet from the sidelines and back lot line. Minimum required parking space shall be asby special permit for the event but with a minimum of two parking spaces per horse. A parkingplan shall be required showing the location and dimensions of proposed parking area, thetype of surface to be used, provisions for storm drainage and other improvements to limitwater runoff, and the location of the access road or roads. The provisions for traffic control,parking and handling of large horse vans during the conduct of horse shows shall be made bythe applicant.Buffer area. A buffer area shall be required along all lot lines of at least 50 feet in depth andcontain evergreen planting of such type, height, spacing and arrangement as will screenactivity on the lot from neighboring areas. A wall or fence of location, height, design andmaterials approved by the Commission as providing equivalent screening may be substitutedfor all or part of the required planting.Additional requirements. Maximum intensity of use and/or membership limit shall be restrictedto four horses per acre. Maximum building height shall be 30 feet. Sale of products ormaterials shall be restricted to only those products or materials which are customarilyincidental to the principal use as determined by special permit. Dwelling use on the sameproperty is permitted, but an additional two acres shall be required for the dwelling, and allrequirements for the dwelling and lot must meet the Zoning Regulations. No horse shall behoused in any part of a building used as a residence. The use of temporary buildings ortrailers for the stabling of horses in excess of 15 days is prohibited. There shall be no storageor supplies outside of permanent buildings. Stable manure must not create a health hazardfrom an air and water pollution standpoint to the community in general or the personsinhabiting or using the surrounding acreage, and therefore the stabling of horses shallconform to all regulations of local and state health authorities. Adequate fencing must beinstalled and maintained to reasonably contain the horses within the property. The use ofpublic address systems, the conduct of the instruction of riders, training of horses and thespectator participation in competitions should be modulated and continuously controlled inorder to avoid becoming a nuisance to surrounding neighbors.§240-27. Municipal uses on Town-owned lots.[Added 1-17-2008; amended 5-26-2011]The Commission may issue a special permit for municipal uses on lots owned by the Town ofWeston on the following terms and conditions:Applicability. This §240-27 shall apply to uses engaged in by the Town other than:Uses in which the Town is engaged on a particular lot as of the effective date of thissection, provided that no intensification of such preexisting uses shall be permittedexcept in conformity with this section.Ordinary maintenance and repair of preexisting structures, provided that nointensification of any preexisting nonconformity shall be permitted except in conformitywith this section.Rental of single-family dwellings for income, limited to one dwelling per lot and otherwisein conformity with these regulations.Construction, maintenance, improvement and replacement of roads, bridges, or drainagefacilities, except insofar as such work is otherwise required in connection with anapplication submitted under this section.Location. All Town uses shall be permitted only on a minimum lot area of three acres and onlyin locations fronting on, or having direct, safe and convenient access to, a major or collectorroad as determined by the Planning and Zoning Commission and shown on the Town Plan ofDevelopment Map.Coverage. A minimum rectangle of 170 feet by 200 feet shall be contained within the lot.Minimum road frontage shall be 200 feet, and there shall be dual access to the public road.Building coverage shall not exceed 20% of the site area nor shall the sum total of land

D.E.F.G.H.I.A.B.(1)(2)(3)C.D.covered with buildings and parking (including driveways) be permitted to exceed 30% of thesite area.Setbacks. Minimum setback for all structures shall be 100 feet from the front line, sidelinesand back lot line. Minimum setback for any land use shall be 50 feet from the front line,sidelines and back lot line. Minimum setback for parking shall be 100 feet from the front lineand 50 feet from the sidelines and back lot line.Buffer area. A buffer area shall be required along all lot lines of at least 50 feet in depth andcontain evergreen planting of such type, height spacing and arrangements as will screen theactivity on the lot from neighboring areas. A wall or fence of location, height, design andmaterials approved by the Commission as providing equivalent screening may be substitutedfor all or part of the required planting.Height. Maximum building height shall be 35 feet.Waiver. The Commission may, in its discretion, waive any one or more of the requirementsdescribed in Subsections B through F above or of §240-14B, C, D and F where necessary inthe interest of public health, safety or welfare.No expiration of approved permit. With the exception of the first sentence, §240-18 shall notapply to any permit approved pursuant to this section.Mixed-use; multiple-family dwellings. The use of any structure as a dwelling on the same lotas another use shall be prohibited other than overnight accommodations for emergencyservice personnel. Except to the extent affirmatively required (and not merely permitted) bystate law, the Town shall not engage in the ownership, construction, or operation ofmultifamily dwelling units other than overnight accommodations for emergency servicepersonnel.§240-28. Regulated home occupation.[Amended 7-16-2001; 10-15-2001; 5-26-2011]The Commission may issue a special permit for the operation of a regulated home occupation onthe following terms and conditions:Such accessory use(s) shall be clearly subordinate to the residential use of the property andshall not impair the residential character of the premises or the neighborhood.Such accessory use shall not exceed 1,500 square feet or 1/2 the total floor area of theprincipal dwelling, whichever is less. No permanent dedication of the residential structure tononresidential uses shall result from such accessory use(s). No significant alteration of oraddition to a structure designed and built originally for other uses shall be allowed for a homeoccupation without a special permit.There shall be no storage of materials or other evidence of the accessory use outside theresidence, except for one sign, as permitted under §240-45.The traffic impact of such accessory use shall not alter the existing residential characterof the neighborhood. Parking area(s) shall be subject to the review and approval of thePlanning and Zoning Commission, in accordance with the procedures set forth in §240-59 as being of adequate size for the particular use, suitably screened throughout the yearwith evergreen planting, walls or fences, or combinations thereof, properly designed toavoid any sanitation or drainage problems, and with entrance and exit drives designed soas to minimize traffic hazards.No noise, odor, vibration, illumination, pollution, unsightly or unsanitary condition causedby such accessory use shall be noticeable beyond the property boundary, nor shall theuse create interference with radio or television reception in the vicinity.Only one commercial vehicle not to exceed 9,000 pounds gross vehicle weight shall beused in connection with any such accessory use. Such commercial vehicle shall begaraged or otherwise screened and hidden from view of the road(s) and adjoiningproperties when not in use.All products sold on the premises shall be made on the premises, except for the sale of itemswhich are incidental to the provision of a permitted service.

E.F.A.B.C.D.E.A.B.C.There shall be no mechanical or structural fabrication or assembly of any products or items(other than art works or cabinetry), except that which is incidental to the provision of apermitted service.When instruction is offered in the home where there are to be more than four students on thepremises at any one time, a special permit shall be required.§240-29. Museum/art gallery.[Amended 2-1-1984; 5-26-2011]The Commission may issue a special permit for the operation of a museum/art gallery on thefollowing terms and conditions:Location. All such uses shall be permitted only on a minimum lot area of three acres and onlyin locations fronting on, or having direct, safe and convenient access to, a major or collectorroad as determined by the Planning and Zoning Commission and shown on the Town Plan ofDevelopment Map.Coverage. A minimum rectangle shall be contained within the lot of 300 feet by 300 feet.Minimum road frontage shall be 200 feet, and there shall be dual access to the public road.Building coverage shall not exceed 10% of the site area nor shall the sum total land coveredwith buildings and parking (including driveways) be permitted to exceed 30% of the site area.Setbacks and parking. Minimum setback of all principal structures shall be 100 feet from thefront line, sidelines and back lot line. Minimum parking setback for structures, land uses orfacilities shall be 100 feet from the front line and 50 feet from the side lines and back lot line.Minimum required parking space shall be as provided in §240-54.[Amended 6-3-2013]Buffer zone. A buffer area shall be required along all lot lines of at least 50 feet in depth andcontain evergreen planting of such type, height, spacing and arrangement as will screen theactivity on the lot from adjacent properties. A wall or fence of location, height, design andmaterials approved by the Commission as providing equivalent screening may be substitutedfor all or part of the required planting.Additional requirements. Maximum intensity of use and/or membership limit shall be as limitedby the Fire Marshal. Maximum structure height shall be 35 feet, 21/2 stories. Sale of productsor materials shall be restricted to only those products or materials which are customarilyincidental to the principal use as determined by special permit. Dwelling use on the same lotis permitted, but an additional two acres shall be required for the dwelling, and allrequirements for the dwelling and lot must meet the Zoning Regulations.§240-30. Farmers' market.[Added 5-26-2011]The Commission may issue a special permit for the operation of a farmers' market on the followingterms and conditions:A farmers' market shall not be permitted to operate on any lot containing a single-familydwelling.A special permit issued for a farmers' market shall expire 12 months from the date ofissuance, provided that the Commission may, in its discretion, establish an alternate period ofno less than four months and no more than 48 months.All structures and equipment erected, installed or used primarily for a farmers' market shall beremoved from the lot (or stored in a structure so as to not be visible from the exterior of suchstructure) during any period the farmers' market is not operating.§240-31. Parks and playgrounds.[Added 5-26-2011]

A.B.C.D.E.F.[1]G.A.B.(1)(2)(3)C.D.E.The Commission may issue a special permit for the operation of parks and playgrounds on thefollowing terms and conditions:Parks and playgrounds shall not be permitted to operate on any lot containing a single-familydwelling.No building may be constructed within a park or playground.Structure coverage shall not exceed 20% of the site area in the aggregate. Structure, parking,driveway and impermeable surface coverage shall not exceed 30% of the site area in theaggregate.Minimum setback of all structures, equipment, parking areas and any paved or impermeablesurface other than driveways shall be 50 feet from the front, side and rear lot lines.The Commission may, in its discretion, require installation and maintenance of fencing and/orplanting and maintenance of a buffer area of up to 50 feet in depth.Any special permit issued with respect to parks and playgrounds may be terminated, in theCommission's discretion, in the event any portion of any lot within the special permit area isconveyed or dedicated to a another use.This §240-31 shall not apply to parks and playgrounds wholly owned by the Town of Weston.[1]Editor's Note: Original Section 342, Display and sale of farm produce and nursery andgreenhouse stock, which immediately followed this section, was repealed 5-26-2011.§240-32. Limited home occupation.[Amended 7-16-2001; 10-15-2001; 5-26-2011]A limited home occupation shall be permitted as an accessory use to the extent such usecomplies with the following terms and conditions:Such accessory use(s) shall be clearly subordinate to the residential use of the property andshall not impair the residential character of the premises or the neighborhood.Such accessory use shall not exceed 1,500 square feet or 1/2 the total floor area of theprincipal dwelling, whichever is less. No permanent dedication of the residential structure tononresidential uses shall result from such accessory use(s). No significant alteration of oraddition to a structure designed and built originally for other uses shall be allowed for a homeoccupation without a special permit.There shall be no storage of materials or other evidence of the accessory use outside theresidence, except for one sign, as permitted under §240-45.The traffic impact of such accessory use shall not alter the existing residential characterof the neighborhood. Parking area(s) shall be subject to the review and approval of thePlanning and Zoning Commission, in accordance with the procedures set forth in §240-59 as being of adequate size for the particular use, suitably screened throughout the yearwith evergreen planting, walls or fences, or combinations thereof, properly designed toavoid any sanitation or drainage problems, and with entrance and exit drives designed soas to minimize traffic hazards.No noise, odor, vibration, illumination, pollution, unsightly or unsanitary condition causedby such accessory use shall be noticeable beyond the property boundary, nor shall theuse create interference with radio or television reception in the vicinity.Only one commercial vehicle not to exceed 9,000 pounds gross vehicle weight shall beused in connection with any such accessory use. Such commercial vehicle shall begaraged or otherwise screened and hidden from view of the road(s) and adjoiningproperties when not in use.All products sold on the premises shall be made on the premises, except for the sale of itemswhich are incidental to the provision of a permitted service.There shall be no mechanical or structural fabrication or assembly of any products or items(other than art works or cabinetry), except that which is incidental to the provision of apermitted service.

F.A.B.C.D.A.B.C.D.E.F.[1]G.pWhen instruction is offered in the home where there are to be more than four students on thepremises at any one time, a special permit shall be required.§240-33. Keeping of roomers or boarders.The keeping of roomers or boarders shall be permitted subject to the following conditions:No more than three roomers or boarders may be accommodated on any lot.The leasing of rooms and taking of boarders may be conducted only by owner occupants.Roomers and boarders must be accommodated within the principal dwelling and shall not beprovided with separate cooking facilities.Nothing in this section shall be construed to permit tourist cabins, trailer camps, apartments,hotels, inns, taverns or roadhouses.§240-34. Apartments.[Amended 7-1-1989; 5-26-2011]One apartment is allowed within a dwelling if the following conditions are met:The apartment is located in a dwelling on a lot of two acres or more or on a preexistingnonconforming building lot.The apartment is within the main dwelling and shall be designed so that, to the maximumextent possible, the appearance of the building remains that of a one-family residence. Anoutbuilding or auxiliary structure may not be connected to the main building and made into anapartment or, if already connected, may not be used as an apartment.The apartment shall have safe and proper means of entrance and exit. In the case of abasement apartment, there shall be at least two separated exits, and proper ventilation shallbe provided.The floor space devoted to such apartment shall not exceed 25% of the entire floor area ofthe dwelling, nor shall it be greater than 800 square feet in gross floor area, including interioraccess to the apartment.The owner (someone who owns not less than 1/4 interest in the lot) of the residence in whichthe accessory apartment is created shall occupy the main section of the house or theapartment except for bona fide temporary absences. In no case shall the house and theapartment be rented simultaneously.The application shall include an accurate description of the facts of the proposed facility asrequired by the Commission or its agent. The Commission or its agent may require theapplicant to supply architectural drawings, surveyors' maps or engineering data and suchother information as the Commission or its agent finds necessary to ensure that theapplication complies with all applicable regulations.There shall be no more than one apartment in any dwelling.[1]Editor's Note: Original Section 346, Public utility substations, and Section 347, Swimming poolsand playing courts, which immediately followed this section, were repealed 5-26-2011.Article VI. Disturbance of Soil§240-35. Soil disturbance permit.The deposit, regrading, excavation and removal of soil shall be prohibited unless a permit hasbeen issued for such activity pursuant to this Article VI. Zoning permits and special permits issuedpursuant to any other section of these regulations shall not be deemed to satisfy the provisions ofthis article.

(1)(2)(3)(4)A.B.C.[1]A.B.A.B.C.§240-36. Permit prerequisites.No permit shall be issued hereunder unless the following requirements have been met:[1]Survey. Submission of a survey in conformity with §240-66. Such survey shall include:Existing vertical relief with the source of information (e.g., ground survey or aerial map),contour interval, datum, and originating benchmark identified;Proposed vertical relief;Proposed temporary and permanent sedimentation, runoff and erosion control measuresand soil storage areas; andLocation of wetland areas.Zero incremental runoff certification. Submission of a certification referencing the surveyrequired pursuant to Subsection B(1) and certifying that the activity shall not: i) increase thevolume or speed of stormwater discharge; ii) materially change the direction of runoff; or iii)increase the natural or preexisting rate of soil erosion on the site, each under conditions ofthe fifty-year design storm. The certification shall be made by an engineer licensed by theState of Connecticut on a form prepared by the Commission. Calculations shall conform tostandard criteria contained in the Connecticut Department of Transportation Drainage Manualfor hydrological and hydraulic analysis and the Connecticut Department of Energy andEnvironmental Protection Stormwater Quality Manual.Soil certifications. Submission of a certification by the owner of the affected property or thesoil vendor: i) of the origin of any introduced soil; and ii) that any introduced soil shall be freeof any hazardous or polluting substances, including, without limitation, any oil or petroleumproducts or any chemical liquids or solids. The Commission or its agent may, in its discretion,require submission of further certifications or soil testing results with respect to any soil.Guidance: Additional permits may be required pursuant to, inter alia, (i) the Ordinance Concerningthe Regulation of Inland Wetlands Watercourses in the Town of Weston, (ii) the FloodplainManagement Regulations, and (iii) the Aquifer Protection Area Regulations.§240-37. Certificate of compliance prerequisites.No certificate of compliance shall be issued with respect to activity permitted hereunder prior to:Delivery of a certification made by an engineer licensed by the State of Connecticut on a formprepared by the Commission certifying that the permitted activity has been completed inaccordance with the survey submitted pursuant to §240-36A; andPermanent stabilization of the disturbed area and removal of all temporary sedimentation,runoff and erosion control measures.§240-38. Exemptions.The provisions of this Article VI shall not apply with respect to:Regrading or removal of soil where such activity disturbs less than 2,500 square feet ofsurface area in the aggregate in any twelve-month period;The deposit of less than 25 cubic yards of soil in the aggregate deposited in any twelve-month period; orAggregate deposited exclusively for use on a driveway, path or terrace in connection with aresidential use.§240-39. Sedimentation, runoff and erosion control measures.

A.B.A.B.The Commission or its agent may require implementation of such additional sedimentation, runoffand erosion control measures as it deems necessary or desirable as a condition of issuance ofany permit including, without limitation, phased construction and maintenance of areas ofnondisturbance.§240-40. Debris and hazardous material.Stumps excavated from a property may be buried on such property only in those locations shownon the survey submitted pursuant to §240-36A. No debris (including soil) may be deposited forpurposes of storage in excess of 60 days or less than 50 feet from any property line. Nohazardous or polluting substance may be buried.§240-41. Performance bond.The Commission or its agent may, in its discretion, require the submission of a performance bondas a prerequisite for issuance of any permit hereunder to secure performance and completion ofany activity undertaken in connection with the permit. In the event a cease-and-desist order ororder or removal is issued, the bond may be utilized to stabilize the property, install sedimentation,runoff and erosion control measures, or remove any soil deposited in violation of this article. Uponissuance of a certificate of compliance, any remaining balance shall be released.§240-42. Mechanical processing of soil prohibited.Mechanical processing of excavated soil (including, but not limited to, splitting, sifting, crushing orhammering) is prohibited.Article VII. Signs§240-43. Applicability.No exterior sign or sign visible from the exterior of a structure shall be installed, erected or placedexcept as follows.§240-44. Residential signs.The installation of signs on residential parcels shall be permitted only as follows:Street address signs. The installation of up to two signs each not to exceed two square feet inarea and bearing only the street address and/or the name of the resident shall be permitted.Home occupation signs. The installation of one sign bearing only the name of the homeoccupation conducted therein and/or the nature of such occupation shall be permitted. Suchsign shall consist of a support post and crossbeam and a single primary placard measuringno more than two square feet in area.§240-45. Neighborhood Shopping Center District signs.The installation of signs within the NSC District shall be permitted only as follows:Directional signs. Signs for the direction of vehicular traffic may be installed as may bedetermined to be necessary by the Commission in its discretion.Business signs. The installation of one sign bearing only the name of such business may beinstalled on the front facade of the area occupied by each business operating within the NSCDistrict. No sign may be affixed to any surface other than a vertical wall, and no portion of

C.A.B.A.B.C.D.E.F.such sign shall extend above the wall on which it is affixed. Liquor license permitteedesignation or other signs necessary in connection with a valid liquor permit shall bepermitted, provided that such signs are no larger than is statutorily required.Shopping center sign. One sign bearing only the name of the shopping center and/or its streetaddress may be installed as determined by the Commission in its discretion.§240-46. Special permit signs.The installation of signs on parcels subject to a special permit shall be permitted only as may beapproved by the Commission in its discretion. In no event shall any sign exceed 12 square feet inarea.§240-47. For sale or lease signs.[Amended 3-21-2011, effective 3-31-2011]One sign advertising the sale or lease of real property shall be permitted, provided that such signis located on said property and is set back at least 10 feet from any side or rear property line.Such sign shall consist of a support post and crossbeam and a single primary placard measuringno more than four square feet. Notwithstanding the foregoing, up to two ancillary placards mayhang from or otherwise be affixed to the primary placard, provided that such ancillary placardsshall measure no more than two square feet in the aggregate. Each sign shall be removed no laterthan the consummation of the particular sale or lease transaction for which it was installed.§240-48. Temporary signs.Notwithstanding the provisions of §§ 240-44, 240-45 and 240-46, the installation of temporarysigns shall be permitted as follows:Temporary political signs. The installation of temporary signs erected solely for politicalpurposes shall be permitted.Tag sale signs. The installation of temporary signs solely advertising a tag sale and dulylicensed pursuant to Chapter 175, Tag Sales, shall be permitted.§240-49. Off-site signage.Except as set forth in § 240-44 above, signs advertising any business, service, transaction orevent which is not exclusively or principally conducted or operated by the owner of the land onwhich such sign is located are expressly prohibited.§240-50. General restrictions.All signs shall conform to the following provisions:No sign shall be internally illuminated.No sign shall consist of or include any digital or electronic text or display.No sign shall be illuminated by means of any colored, flashing, or intermittent light, or includeany reflective material.No sign shall be illuminated by means of any string or tube lighting or by means of neon orany other gas.No sign, or any portion thereof, shall rotate, flutter, or otherwise generate or allow movement.No sign may project into a public way or interfere with visibility at an intersection.

G.H.[1]A.No sign on a residential parcel shall be installed higher than six feet from the adjoiningfinished grade.All surfaces, frames and visible supports of signs, other than temporary signs, shall bemanufactured exclusively of wood.§240-51. Signs on public land.Signs installed, erected or placed on public land shall not be subject to this Article VII.[1]Editor's Note: Original Section 351, Lighted or moving signs, which immediately followed thissection, was repealed 9-23-2011.Article VIII. Off-Street Parking and Loading§240-52. Intent and purpose.It is the intention of these regulations that all structures and land uses shall be provided with asufficient amount of off-street vehicular parking and loading space to meet the needs of personsmaking use of such structures or land uses, but in no case less than the minimum standardsspecified in §240-54 of these regulations.§240-53. Existing structures and uses.Structures and land uses in existence, or for which building permits have been issued prior to theadoption of these regulations, shall not be subject to any additional parking or loading spacerequirements of these regulations, provided that any parking or loading facilities then existing toserve such structures or uses shall not in the future be reduced, except where they exceed suchrequirements, in which case they shall not be reduced below such requirements. Required parkingand loading facilities for the existing portion of such structures or uses shall, however, be providedat the time of any enlargement of such existing structures or uses in the future.§240-54. Schedule of off-street parking space requirements.[Amended 2-1-1984; 5-26-2011[1]]Off-street parking space shall be provided as follows, except that the Commission, inapproving the issuance of a special permit, may require additional off-street parking wheresaid Commission determines that such is necessary in accordance with the purposes set forthin §240-52 above:Use Minimum Required Off-Street Parking SpacesPlace of worship 1 per each 5 seats or pew spacesClub 1 per member or, in case of family memberships, 1per family, except that where the maximum capacityof the use served is not adequate to accommodateall members at the same time, the Commission maypermit an appropriate reduction of the parkingrequirementPrivate school, nursery school, daycamp1 per each teacher and staff member, plus 1 pereach 6 pupils or campersMuseum/art gallery 1 per employee, plus 1 per each 400 square feet offloor area.Retail and personal serviceestablishments, businesses andprofessional offices1 per each 125 square feet of ground floor area and1 per each 250 square feet of other floor area, notincluding basement area devoted to utilities andstorage and not open to the public

B.[1][1]A.B.C.Use Minimum Required Off-Street Parking SpacesRestaurants 1 per each 75 square feet of floor areaAutomotive service stations At least 10 spaces per stationOther uses Off-street parking requirements for uses that do notfall within the categories listed above shall bedetermined by the Planning and ZoningCommission.Where two or more different uses occur on a single lot, the total amount of parking facilitiesrequired shall be the sum of the requirements for each individual use on the lot, except thatthe Commission, in approving a special permit application, may approve a plan with a lesseramount of total parking, provided that said Commission finds that the capacity to be providedwill substantially meet the intent of the requirements of these regulations by reason ofvariation in the probable time of maximum capacity of each such use, or for other similarreason.Editor's Note: Amended at time of adoption of Code (see Ch. 205, Adoption of Regulations, Art. II).§240-55. Off-street loading space requirements.[Amended 2-1-1984]Within Neighborhood Shopping Center Districts, off-street loading space shall be required for each5,000 square feet, or major fraction thereof, of ground floor area. In the case of special permituses, off-street loading requirements shall be as determined necessary by the Commission inaccordance with the purposes set forth in §240-52 above.§240-56. Location of off-street parking and loading facilities.[Amended 2-1-1984[1]]The off-street parking and loading facilities as required by these regulations shall be provided onthe same lot or premises with the structure or land use served, except that off-street parkingspaces required for structures or land uses on two adjoining lots may be provided in a singlecommon facility on one or both of said lots if approved by the Commission. Where saidCommission approves the location of required off-street parking spaces on a different lot than thatoccupied by the use served, the Commission shall require, as a condition of its approval, a legalinstrument satisfactory to assure the continued use of said parking spaces in connection with theland uses and structures served.Editor's Note: Amended at time of adoption of Code (see Ch. 205, Adoption of Regulations, Art. II).§240-57. Parking and loading specifications.All off-street parking and loading spaces shall comply with the following standards andrequirements:The area required for the parking of one motor vehicle shall have a width of at least nine feetand a depth of 20 feet if unenclosed, and a width of at least 10 feet and a depth of at least 20feet if bordered by walls or columns on two or more sides, exclusive of passageways anddriveways appurtenant thereto and giving access thereto, and having direct usable access toa road, but not requiring the backing of a vehicle into the road right-of-way. Aisles betweenrows of parking spaces shall be at least 25 feet wide, except where the Commission approvesa lesser distance as adequate for areas with angled parking spaces.[Amended 2-1-1984]Each off-street loading space shall have a width of at least 12 feet and a length of at least 30feet, with a height clearance of not less than 14 feet.Access drives serving any off-street parking or loading area shall be designed so as toprovide for safe and efficient vehicular and pedestrian circulation both on the subjectpremises and in relation to the adjoining road system.

D.A.B.A.B.C.A.B.In all off-street parking areas containing 20 or more parking spaces, at least one tree shall beprovided within such parking area for each 10 parking spaces. Such trees shall be distributedthroughout the entire parking area and shall be so arranged and located as to define theareas of major traffic flow and not in any way impede or interfere with such flow.§240-58. Improvement and maintenance.Required off-street parking facilities may be enclosed in a structure or may be open, providedthat all such facilities serving nonresidential uses shall be graded, surfaced, drained andsuitably maintained to the satisfaction of the Commission, to the extent necessary to avoidnuisances of dust, erosion, or excessive water flow across public ways or adjacent lands.Nonresidential parking facilities containing 10 or more spaces shall be provided with suitablemarkings to indicate each such individual space and, where required by the Commission,markings to indicate direction of traffic flow, entrances, exits, etc. Except for one-familydwellings, suitable landscaping and screening shall be provided between parking areas andadjoining residential properties.Required off-street parking and loading facilities shall be maintained as long as the use orstructure exists which the facilities are designed to serve.§240-59. Parking plan.Where a parking plan is required by these regulations, it shall be submitted to the Planning andZoning Commission for its approval and shall consist of a plot plan drawn to scale and showing allof the following information:The location and dimensions of the proposed parking area, the location of any buildings orother facilities served by this area, the location of a property lines within 50 feet of the area,and the location of the road or roads from which access is to be obtained.Contour data and/or spot elevations in sufficient detail to enable the Commission to readilydetermine the existing and proposed grading of the parking area.Indication on the plan of the type of surfacing proposed, the method of providing for stormdrainage, and any other improvements, including landscaping, which may be required orappropriate. The Commission shall act to approve or disapprove such a plan within 60 days ofthe date it is received, and failure to act within such time limit shall constitute approval of theplan.Article IX. Nonconforming Uses and Structures§240-60. Continuing existing nonconforming uses.Any lawful use of a building or of land existing on the effective date of these regulations may becontinued, even though such use does not conform with the use provisions of these regulations.Such uses shall be deemed nonconforming uses.§240-61. Nonconforming use of land.Where no building is involved, the nonconforming use of land may be continued; provided,however, that:Such nonconforming use shall not be enlarged or increased, nor shall it be extended tooccupy a greater area of land than that occupied by such use at the time of the adoption ofthese regulations.Such nonconforming use shall not be moved in whole or in part to any other portion of the lotor parcel of land occupied by such nonconforming use at the time of the adoption of theseregulations.

C.A.B.C.D.E.A.(1)(2)(3)B.If such nonconforming use of land, or any portion thereof, is intentionally abandoned or ischanged to a conforming use, any future use of such land shall be in conformity with allrequirements of these regulations.[Amended 4-10-2008]§240-62. Nonconforming use of buildings.A building or structure, the use of which does not conform to the use regulations for thedistrict in which it is situated, shall not be enlarged or extended unless the use therein ischanged to a conforming use.Such nonconforming building or structure shall not be structurally altered or reconstructedunless such alterations are required by law; provided, however, that such maintenance andrepair work as is required to keep a nonconforming building or structure in safe condition shallbe permitted.A nonconforming use may be extended throughout any parts of the building or structurewhich were manifestly arranged or designed for such use at the time of the adoption of theseregulations, notwithstanding the restriction of Subsection A above, provided that suchextension is made within one year of the effective date of these regulations.A nonconforming use of a building or structure may be changed only to a conforming use.If any nonconforming use of the building or structure is intentionally abandoned or is changedto a conforming use, or if a structure in which such use is conducted or maintained is movedfor any distance whatsoever, for any reason, then any future use of such building or structureand the land on which it was located shall be in conformity with all standards specified bythese regulations for the district in which it is located.[Amended 4-10-2008]§240-63. Nonconformity other than use.[Amended 4-10-2008]A building or structure which is conforming in use but does not conform to the height, setback, andland coverage, parking or similar dimensional requirement of these regulations shall not beconsidered to be nonconforming within the meaning of §§240-62 and 240-64 of these regulations.However, no permit shall be issued nor shall any changes be made on such building or structurethat will result in the increase of any such nonconforming features nor shall any nonconformingpart of the structure be increased in height.§240-64. Restoration of damaged buildings.Any building or structure which is nonconforming in use and is damaged or destroyed by anymeans to an extent greater than 50% of its fair market value shall be permitted to bereconstructed only if the future use of the building or structure is in conformity with theseregulations.Such a nonconforming building or structure damaged to an extent less than 50% of said fairmarket value may be rebuilt, provided that:The cost of such reconstruction or structural alteration is less than 50% of the fair marketvalue of the reconstructed property;The reconstruction or structural alteration is commenced within six months of the date ofsuch damage or destruction and completed within 18 months; andWhere such rebuilding can be feasibly accomplished so as to result in greater conformitywith these regulations, then such rebuilding shall be so done.Article X. Administration and Enforcement

(1)(2)A.(1)(2)B.C.(1)(2)A.§240-65. Issuance of authorization for construction; nullificationproceedings required.[Amended 2-1-1984]No commission, board, agency, officer or employee of the Town shall issue, grant, or approve anypermit, license, certificate, or other authorization for construction, reconstruction, alteration,enlargement, or moving of any building or structure, or for any use of land or building that wouldnot be in full compliance with the provisions of these regulations. Any such permit, license,certificate, or other authorization issued, granted, or approved in violation of the provisions ofthese regulations shall be null and void and of no effect without the necessity of any proceedingsor revocation or nullification thereof.§240-66. Survey requirements.[Added 12-30-2009]Except as otherwise set forth in §§240-12H and 240-67G and H and this section, no zoningpermit, special permit, administrative permit, or certificate of zoning compliance may beissued except upon submission of:An A-2 Property Survey; orA map prepared by a licensed engineer or surveyor based on an A-2 Property Surveycertifying said reliance and making specific reference to such A-2 Property Survey.No survey shall be accepted where:Any new structure has been constructed or any existing foundation expanded on theproperty or any lot line has been altered following the date of such survey; orSuch survey was last certified more than 10 years prior to the application date.The Commission may impose additional survey requirements from time to time by resolution.To the extent this section shall conflict with any other section of these regulations, theprovisions of this section shall govern.§240-67. Zoning permits.No building or structure shall be erected, constructed, reconstructed, enlarged, altered ormoved, or excavation made therefor, or work begun thereon, or use made of any land, until azoning permit therefor has been issued by the Planning and Zoning Commission. No suchpermit shall be issued for any building or structure where said construction, addition,alteration, moving or use thereof would be in violation of any of the provisions of theseregulations. Before any permit shall be issued, written application therefor shall be made induplicate on a form to be furnished by the Planning and Zoning Commission. Suchapplication shall contain or be accompanied by the following, as appropriate.[Amended 2-1-1984]A certificate of approval of proposed water supply and sewage disposal facilities, signedby the Health Officer of the Town of Weston. Such certificate shall not be required if thezoning permit applied for does not involve changes in existing buildings or structures, inwater supply, waste or sewage disposal facilities or requirements.Two copies of a plot plan, drawn to a scale and certified substantially correct by aregistered land surveyor, showing the actual shape, dimensions and area of the lot; theactual size and location on the lot and of all buildings proposed to be built on the lot andof any existing buildings or structures that shall remain, the existing and intended futureuse to be made of the proposed improvement and the premises; the number of families,if any, that each building is designed or intended to accommodate; proposed drainagefacilities; existing and proposed contours of the land, if any change in grading isproposed. One copy of such plan shall be returned to the applicant subsequent to itsapproval.

B.C.D.E.F.G.H.I.A.B.C.D.Expiration of zoning permits. A zoning permit issued in connection with the construction of astructure shall expire on the second anniversary of its issuance date unless: i) all foundationsincluded in the permit application have been substantially completed; and ii) an A-2 ZoningLocation Survey showing the location of such foundation in relation to all required setbackshas been submitted to and approved by the Commission. This Subsection B shall not apply tospecial permits.[Added 12-30-2009]Construction on a foundation. No structure shall be constructed upon a new foundationunless and until an A-2 Zoning Location Survey has been submitted to and approved by theCommission. This Subsection C shall apply to all construction in the R-2A and NSC Districtsincluding, without limitation, construction pursuant to a special permit.[Added 12-30-2009]Any permit issued on the basis of false or inaccurate information supplied by the applicant, orcontained in the application, shall be null and void.No zoning permit shall be issued unless the lot has the required road frontage, in accordancewith §§ 240-11D and 240-12D, whichever is applicable, and unless such road has beencompleted or has had its subbase completed and specified gravel applied.No zoning permit shall be issued for a use listed in §§240-11 or 240-12, as subject to thespecial permit approval procedure of Article IV, until and unless such special permit isapproved by the Commission.The requirements of Subsections A(2), B and C shall be waived for alteration of an existingstructure which alteration does not include installation of any additional foundation, footing,slab, or pier and does not increase coverage of the lot.[Added 3-16-2009]The requirements of Subsections A(2), B and C may be waived, in the discretion of theCommission (exercised by the Zoning Enforcement Officer when applicable), for installation ofa terrace, uncovered deck, children's play set, generator, or HVAC compressor, where suchimprovement is clearly and demonstrably outside of any applicable setback and where lotcoverage following the installation will be clearly and demonstrably below the maximumallowable lot coverage. A detailed memorandum setting forth the basis for any waiver shall beincluded in the file.[Added 3-16-2009]In the event an alteration or installation is completed without a survey as permitted pursuantto Subsections G and H above, a limited certificate of zoning compliance (confirmingcompliance of the alteration or installation only, rather than compliance of the entire lot) shallbe issued in lieu of a certificate of zoning compliance.[Added 3-16-2009]§240-68. Certificate of zoning compliance.No building structure or premises or any part thereof shall hereafter be devoted to any new orchanged use, until a certificate of zoning compliance shall have been issued by the Planningand Zoning Commission. Such certificate shall state that such building or premises, or partthereof and the proposed use thereof, are in complete conformity with all requirements ofthese regulations.Application for a certificate of zoning compliance shall be made on forms provided by theTown. Each such application shall be accompanied by a fee in an amount to be determinedby the Planning and Zoning Commission.[Amended 3-16-2009]A certificate of zoning compliance involving a building, structure or use for which a specialpermit or a variance was issued by the Zoning Board of Appeals shall include any conditionsor other requirements established by said Commission or Board in accordance with thegranting of any such special permit or variance.No certificate of zoning compliance shall be issued for a building or use until the road uponwhich the lot has frontage has been constructed and approved in accordance with theinspection requirements of the Planning and Zoning Commission.

[1]A.B.C.A.B.C.D.[1]E.§240-69. Penalties for offenses.Any person, firm, corporation, or other entity who shall violate any provision of theseregulations shall be subject to the remedies and penalties prescribed by Chapter 124 of theGeneral Statutes of the State of Connecticut, as amended.[1]Editor's Note: See C.G.S. §8-1 et seq.The Planning and Zoning Commission or its agent, the Zoning Inspector, is herebydesignated as the official authority which shall be authorized to cause any building, structure,place or premises to be inspected and examined and to order, in writing, the remedying ofany condition found to exist therein or thereon in violation of any provision of theseregulations, and to take such other action as shall be necessary and proper to enforce saidregulations, as provided by law. Any such remedial action shall be accomplished by theviolator within 10 days of such order unless otherwise provided by statute.The Commission shall appoint a Zoning Inspector who shall be responsible to theCommission and act as its representative in the performance of such inspection duties and inconnection with the enforcement of these regulations including the issuance of cease-and-desist orders and any other duties which may be assigned to him by the Commission.Article XI. Amendments and Miscellaneous§240-70. Amendments.The Planning and Zoning Commission may, on its own motion, on the recommendation of theBoard of Selectmen, or on petition of one or more owners of property within the Town, amendthese regulations in accordance with Chapter 124 of the General Statutes of the State ofConnecticut, as amended. Referrals of such amendments to the South Western RegionalPlanning Agency shall be made by the Commission in accordance with Chapter 124 of theGeneral Statutes of the State of Connecticut, as amended. Any petition for amendmentssubmitted by a property owner or owners shall include all of the following information (includethree copies of items in Subsections A, B and C):The names and addresses of such petitioners and the section, lot and block numbers of theproperties under their ownership.A map drawn to a convenient scale showing lot lines, building locations, and the section, lotand block numbers of all properties which are the subject of the petition.A complete description of the nature of the amendment requested and of the reasons formaking such request. Include page and section numbers where amendment of the zoningtext is requested.Stamped envelopes addressed to each of the owners as of the date of application of allproperties which are subject of the petition and of all properties within 500 feet of any portionof such properties. Such names may be as indicated in the latest real estate list of the Townof Weston but should include the actual owners of record where known to be otherwise by thepetitioners.An application fee in the amount of $250 to defray the cost of publication of the noticerequired for a hearing.[1]Editor's Note: Amended at time of adoption of Code (see Ch. 205, Adoption of Regulations,Art. II).§240-71. Separability clause.Should any section or provision of these regulations as contained herein or as hereafter amendedbe declared by a court of competent jurisdiction to be invalid or unconstitutional, such decisionshall not affect the validity of these regulations as a whole or any part thereof, other than the partdeclared to be invalid or unconstitutional.

[1]A.B.C.D.E.F.G.H.[2]I.[3]J.[1]§240-72. Short title.These regulations may also be known and referred to as "Zoning Regulations."[1]Editor's Note: Original Section 530, Effective date, which immediately followed this section, wasrepealed at time of adoption of Code (see Ch. 205, Adoption of Regulations, Art. II).Article XII. Definitions§240-73. General construction of language.Except where specifically defined herein, all words shall carry their customary meaning.All words used in the present tense include the future tense; words in the singular numberinclude the plural number and vice versa; the word "person" includes corporations and allother legal entities; the word "premises" shall include land and buildings thereon; and thewords "occupied" or "used" shall be considered as though followed by the words "or intended,arranged or designed to be used or occupied," unless the natural construction of the wordingindicates otherwise.The word "shall" is always mandatory.Unless otherwise specified, all distances shall be measured horizontally.The word "Town" means the Town of Weston.The term "Commission" means the Planning and Zoning Commission of the Town of Weston.The term "Town Clerk" means the Town Clerk of the Town of Weston.The term "Zoning Inspector" means the Zoning Inspector of the Town of Weston.The term "Zoning Board of Appeals" means the Zoning Board of Appeals of the Town ofWeston.The term "Town Plan of Development " means the plan adopted by the Town Planning andZoning Commission pursuant to Chapter 126 of the General Statutes of the State ofConnecticut.[2]Editor's Note: See C.G.S. §8-18 et seq.The term "Subdivision Regulations" means the land subdivision regulations adopted by theTown Planning and Zoning Commission pursuant to Chapter 126 of the General Statutes ofthe State of Connecticut.[3]Editor's Note: See Ch. 230, Subdivision Regulations.Editor's Note: Amended at time of adoption of Code (see Ch. 205, Adoption of Regulations, Art. II).§240-74. Definitions.As used in this article, the following terms shall have the meanings indicated:ACCESSWAYAny area of a lot between 25 feet and 50 feet in width which serves to connect the buildingarea of the lot with the road upon which it has frontage and access.ANTENNAThe conductor by which electromagnetic waves are sent or received, a structure commonlyconsisting of a wire, a metal rod or a circular metal dish.[Amended 5-1-1989]APARTMENT

A room or set of rooms, among the other rooms or sets in one building designed for use as adwelling and which includes cooking, three-fixture bath and sleeping facilities.[Amended 10-30-1986]AUTOMOTIVE SERVICE STATIONA retail place of business engaged primarily in the sale of motor fuels, but also in thesupplying of goods and services required in the operation and routine maintenanceautomotive vehicles and the filling of motorist's immediate needs, including the sale ofpetroleum products, the sale and servicing of tires, batteries, automotive accessories andreplacement items, washing and lubrication servicing, the performance of minor repairs, andthe supply of other incidental customer services and products, but excluding any body andfender work, or painting by mechanical means.BASEMENT APARTMENTAn apartment any part of which is below the elevation of the finished grade of the groundadjacent to any part of the dwelling at the highest point of elevation.[Amended 10-30-1986]BUILDINGAny structure having a roof supported by columns or by walls, and intended for the shelter,housing, or enclosure of persons, animals or chattel.BUILDING, ACCESSORYA building subordinate to the principal building on a lot and used for purposes customarilyincidental to that of said principal building.BUILDING COVERAGEThe total area of a lot covered by all buildings thereon, both principal and accessory,measured by the exterior dimensions of such buildings, but not including uncovered porches,steps and terraces.BUILDING HEIGHTThe average vertical distance measured from the finished grade adjacent to the exterior wallsof a building to the level of the highest roof point or the highest ridge of the structure. Roofpoints or ridges which are lower than the highest roof point or ridgeline shall not be used inthe calculation of building height.[Amended 5-17-2001]BUILDING, PRINCIPALA building in which is conducted the primary or principal use of the lot on which said buildingis situated.CLUBA voluntary organization, not conducted primarily for gain, with facilities catering exclusively tomembers and their guests for recreational, athletic, cultural or social purposes.CUSTOMARY ACCESSORY USEA use of land, buildings or structures which is incidental and subordinate to and customarilyused in connection with, and located on the same lot with, the principal building, structure, oruse. Customary accessory uses with respect to single-family dwellings shall include, but notbe limited to, private detached garages, tool and potting sheds, barns, children's play systems(such as swings, slides, and playhouses), swimming pools, and playing courts.[1][Added 5-26-2011]DAY CAMPA place, building or structure which is designed or used on a regular or seasonal basis toprovide supervised recreational activities for two or more children, but not including theovernight lodging of any such children.DEBRISNatural material which degrades rapidly when buried, not including building materials.[Amended 1-1-1992]DOMICILEA person's fixed, permanent and principal residence for legal purposes such as voting.[Amended 5-1-1989]DWELLING

A building designed or used exclusively as nontransient living quarters for one or morefamilies. The term shall not be deemed to include automobile court, motel, hotel, roominghouse, boardinghouse, house trailer, tourist home or tent.DWELLING UNITA building or portion thereof providing complete housekeeping facilities for one family.FAMILYOne or more persons occupying one dwelling unit and living together as a singlehousekeeping unit. Any number of such persons over four shall be related to each other byblood, marriage or adoption.[Amended 5-1-1989]FARMERS' MARKETA market for the display and sale at retail of farming products, and customary accessory uses.[Added 5-26-2011]FARMINGIncludes the use of a lot, either as a principal or accessory use, for the purpose of producingagricultural, horticultural, floricultural, vegetable and fruit products of the soil, and shall includethe raising of horses, and other domestic farm animals. Riding academies, livery stables,animal kennels, the breeding, raising or habitation of fur-bearing animals, pigs and goats,commercial poultry farms, stands for the sale of produce (except as otherwise expresslypermitted by these regulations) or the commercial processing of the products of the farm,shall not be included.[Amended 9-16-2013, effective 9-26-2013]FENCEA structure for enclosing, dividing or screening. This includes traditional fencing, masonry orstone walls, pillars and gates related thereto.[Amended 6-16-2003]FIRE STATIONA facility primarily used by a fire/rescue organization for house fire suppression, rescue,and/or emergency medical response apparatus and equipment. The term "fire station" shallinclude customary accessory uses, including but not limited to training and fitness,administration, and social functions.[Added 5-26-2011]FLOOR AREAThe sum of the gross internal horizontal area of the several floors of the building, but notincluding attached or built-on garages, porches or terraces, unfinished rooms, or unfinishedfloor area having a clear head room of less than seven feet.[Amended 10-30-1986]FRONTAGEThe extent of a lot along a road as defined therein.HOME OCCUPATIONArtistic and professional pursuits operated from a dwelling.[Added 5-26-2011]LIMITED HOME OCCUPATIONA home occupation engaged in by no more than one individual who is not an occupant ofsuch dwelling.[Added 5-26-2011]LOTA parcel of land devoted or to be devoted to a particular use, or occupied or to be occupiedby a building or buildings, together with any required open spaces, and having frontage on aroad as defined herein.LOT AREAThe total horizontal area included within lot boundaries.LOT, CORNERA lot on two or more intersecting roads or lanes.[Amended 3-1-1992]

LOT DEPTHThe horizontal distance between the front and rear lot lines measured perpendicular to themean direction of the front lot line.LOT, FRONT[2]That lot area extending across the full width of a lot and lying between the front lot line andthe nearest line of the building.LOT LINEA property line bounding a lot as defined herein.LOT, FLAGA lot which has no frontage on any road, except for a single accessway not to exceed 25 feetin width, or a shared right-of-way not to exceed 30 feet in width.[Amended 3-1-1992]LOT LINE, FRONTIn the case of a lot abutting upon only one road, the line separating the lot from the road; inthe case of any other lot, the owner may elect any lot line abutting a road as the front lot line.LOT LINE, REARThe lot line which is generally opposite the front lot line if the rear lot line is less than 10 feetin length, or if the lot comes to a point at the rear, the rear lot line shall be deemed to be a lineparallel to the front lot line not less than 10 feet long, lying wholly within the lot and farthestfrom the front lot line.LOT LINE, SIDEAny property line extending from the front lot line to the rear lot line.LOT, REAR[3]That lot area extending across the full width of a lot and lying between the rear lot line and thenearest line of the building.LOT, SIDE[4]That lot area between the side lot line(s) and the nearest line of the building, and extendingfrom the front lot line to the rear lot line.LOT WIDTHThe horizontal distance between the side lot lines, measured parallel to the mean direction ofthe front lot line.MUSEUM/ART GALLERYA not-for-profit institution that houses and cares for a collection of artifacts and other objectsof scientific, artistic, cultural, or historical importance and makes them available for publicviewing and study through exhibits that may be permanent or temporary and offers programsof study with respect thereto. The term "museum/art gallery" shall include customaryaccessory uses.[Added 5-26-2011]NONCONFORMING USEA use of a building or of land which does not conform with the use regulations of the district inwhich it is situated, but which use existed at the time of the adoption, or amendmentsubstantively affecting such use, of these regulations and complied with the ZoningRegulations at the time it was established.[Amended 6-3-2013]NURSERY SCHOOLA place, building or structure, designed to provide care or instruction for two or more childrenunder six years of age, operated on a regular or seasonal basis.OCCUPANTAn individual who uses the subject dwelling as his or her primary residence.[Added 5-26-2011]OPEN CONSTRUCTION

As applied to fences, open to the passage of air and visually open as viewed looking directlyat the fence.PARKOpen space land dedicated and held in perpetuity for educational, scientific, aesthetic, orother equivalent passive uses for the benefit of the public in general which may be improvedby natural walking trails, parking facilities, picnicking facilities, map and informational kiosksand similar unenclosed improvements, and shall include, but is not limited to, communitygardens. The term "park" shall include customary accessory uses.[Added 5-26-2011]PARKING AREAAn off-street area containing one or more parking spaces, with passageways and drivewaysappurtenant thereto.PARKING SPACEAn off-street space available for the parking of one motor vehicle on a transient basis.PLACE OF WORSHIPAn establishment where a group of people performs acts of religious study, honor, ordevotion. The term "place of worship" shall include customary accessory uses.[Added 5-26-2011]PLAYGROUNDLand dedicated and held in perpetuity for recreational uses, for the benefit of the public ingeneral improved with outdoor equipment and facilities for play, recreation, and sports andshall include, but is not limited to, children's play areas and basketball courts. The term"playground" shall include customary accessory uses.[Added 5-26-2011]PRIVATE SCHOOLA kindergarten, primary or secondary school furnishing a comprehensive curriculum ofacademic instruction similar to that of a public school.PUBLIC LANDAny piece or parcel of land wholly owned by the Town of Weston.[Added 9-23-2011]PUBLIC WAYAny public or private road, street or lane.[Amended 6-16-2003]REGULATED HOME OCCUPATIONA home occupation engaged in by more than one individual who is not an occupant of suchdwelling.[Added 5-26-2011]RIDING STABLE OR ACADEMYAn establishment where horses are kept for riding, driving or stabling for compensation, or arekept incidental to the operation of a club, association, ranch or similar establishment.ROADAny road, street, highway, avenue, lane or way dedicated to movement of vehicles andpedestrians, and which is shown on a subdivision plan approved by the Commission or is ona map filed in the office of the Town Clerk prior to March 1, 1956, or is a state or Town road,but not including private driveways or rights-of-way.ROAD LINEA property line dividing a road and a lot. See also definition of "lot line, front."SIGNAny structure or part thereof, or any device attached thereto or painted thereon, or anymaterial or things, illuminated or otherwise, which displays or includes any numeral, letter,emblem, device, trademark, or other representation used as an announcement, designation,direction or display, to advertise or promote any person, firm, group, organization, commodity,service, profession or enterprise, when said display is placed out of doors or within three feetof a window in view of the general public, but not including the following: the flag or insignia ofany government or government agency; the flag of any civic, political, charitable, religious,patriotic, fraternal or similar organization, which is hung on a flagpole, or a mast; or any

[1][2]Christmas or other seasonal holiday decorations which do not contain commercial lettering,wording, designs, symbols or other devices.SIGN AREAWhere a sign consists of a single board of face, with information on one or both sides, thearea which results by multiplying the outside dimensions of such sign, not including thevertical, horizontal or diagonal supports which may affix the sign to the ground or to astructure or building, unless such supports are evidently designed to be a part of the sign asdefined herein. Where a sign consists of several individual faces, the area shall be the total ofthe area of all such faces computed as above. Where the sign consists of individual letters orsymbols attached to or painted on a building, the area shall be considered to be that of thesmallest rectangle which encompasses all of the letters or symbols.SINGLE-FAMILY DWELLINGA dwelling containing one dwelling unit only.SOILAny earth, loam, topsoil, clay, stone, sand, gravel, or aggregate of any kind for loose depositon the ground and not intended for integration into any structure.STORYThat portion of a building included between the surface of any floor and the surface of a floornext above it, or if there be no floor above it, then the space between the floor and the top ofthe ceiling beams next above it. In measuring the height of a building, a basement should becounted as a story if the ceiling is more than four feet above the average level of the adjoiningfinished grade. Each basement in excess of one shall be counted as a story.STORY, HALFA story with at least two opposite exterior sides meeting a sloping roof not more than two feetabove the floor of such story.STREETSee definition of "road."STRUCTUREAnything constructed or erected, the use of which requires location on the ground orattachment to something having location on the ground. This term shall also include but notbe limited to pools, tennis, paddle and other such playing courts and antennas.[Amended 5-1-1989]SWIMMING POOLAn artificial body of water, or receptacle for water, having a depth at any point greater thantwo feet, and used or intended to be used for swimming or bathing and permanentlyconstructed, installed or maintained in or above the ground out of doors.TEMPORARY SIGNAny sign which consists of a single placard measuring no more than three square feet, doesnot exceed 36 inches in height measured from the adjoining grade, and is placed on theground without foundation or supports or is erected on wire supports.[Added 9-23-2011]TERRACEA paved uncovered platform with or without retaining walls. A terrace with a roof or an awningshall be considered a porch.USEThe specific purpose for which land or a building or structure is designed, arranged, intendedor occupied.USE, ACCESSORYA use which is customarily incidental and subordinate to the principal use on a lot, andlocated on the same lot therewith.USE, PRINCIPALThe main or primary use of a premises.Guidance: Playing courts and swimming pools are regulated by §240-9B(4).Note: In measuring aforesaid lot area, the line of a building shall be deemed to mean a line parallelto the lot line, drawn from a point of a building or the point of a group of buildings nearest to such lot

[3][4]line, and the measure shall be taken at right angles from the line of the building, as defined herein,to the lot line.Note: In measuring aforesaid lot area, the line of a building shall be deemed to mean a line parallelto the lot line, drawn from a point of a building or the point of a group of buildings nearest to such lotline, and the measure shall be taken at right angles from the line of the building, as defined herein,to the lot line.Note: In measuring aforesaid lot area, the line of a building shall be deemed to mean a line parallelto the lot line, drawn from a point of a building or the point of a group of buildings nearest to such lotline, and the measure shall be taken at right angles from the line of the building, as defined herein,to the lot line.Derivation TableChapter DT. Derivation TableIn order to assist Code users in the transition to the new Code's organization, the Derivation Tableindicates where chapters and articles of the 1981 Code have been included in the 2013 Code, orthe reason for exclusion.§DT-1. Derivation Table of 1981 Code to 2013 CodeChapter/Section From 1981 Code Location in 2013 CodeCh. 1, General Provisions§§1-1, 1-7 and 1-9 New legislation pending; see Ch. 1,Art. II§§1-2 to 1-6 and 1-8 Ch. 1, Art. ICh. 2, AdministrationArticle I, In General§2-1 (official signposts) Ch. 123§2-2 (fiscal year) Ch. 75§2-3 (Town property exempt from zoning) Ch. 182Article II, School and General Building Committee Ch. 18, Art. VArticle III, Board of Police Commissioners Ch. 18, Art. IVArticle IV, Commission on the Elderly Ch. 18, Art. IIIArticle V, Planning and Zoning Commission; RegionalPlanning Agency Representation§2-50 Ch. 18, Art. I§§2-51, 2-52 and 2-53 (regional planningagency)Ch. 167Article VI, Parks and Recreation Commission Ch. 18, Art. VIArticle VII, Historic District Commission Ch. 18, Art. IICh. 3, Buildings, Construction and Related Activities Ch. 23, Art. ICh. 4, Elections Ch. 59Ch. 5, Fire Protection and Prevention Ch. 32Ch. 6, Health and SanitationArticle I, In General Ch. 185, Art. IArticle II, Litter; Junk§§6-20 and 6-21 Ch. 169, Art. I§§6-22 to 6-24 Ch. 145Ch. 7, Historic Districts Ch. 93Ch. 7.5, Licenses and Business RegulationsArticle I, In General (Reserved) OmittedArticle II, Use of Groundwater Heat Pumps Ch. 87Ch. 7.8, Offenses and Miscellaneous Provisions

Chapter/Section From 1981 Code Location in 2013 CodeArticle I, In General Ch. 10, Art. IArticle II, Alarms Ch. 7Article III, Firearms Ch. 79Ch. 8, Parks and Recreation Ch. 135Ch. 9, PersonnelArticle I, In General (Reserved) OmittedArticle II, Police Department Ch. 46, Art. ICh. 10, Property TaxesArticle I, In General Ch. 179, Arts. I and IIArticle II, Tax Relief for the Elderly Ch. 179, Art. VIArticle III, Solar, Wind and Water Energy EquipmentExemptionCh. 179, Art. IIICh. 11, Sales and SolicitationsArticle I, In General Ch. 140Article II, Tag Sales Ch. 175Ch. 11A, Bulky Printed Material on Private Property Ch. 29Ch. 12, Streets, Sidewalks and Public GroundsArticle I, In General Ch. 169, Art. IIArticle II, Driveway Construction Ch. 51Ch. 13, Traffic and VehiclesArticle I, In General§§13-1 to 13-3 Ch. 200§13-4 Ch. 195, Art. IIIArticle II, Parking; Impounding Ch. 195, Arts. I and IICh. 14, Utilities and ServicesArticle I, In General (Reserved) OmittedArticle II, Collection and Disposal of Garbage andOther Refuse and WastesCh. 164Ch. 15, Wetlands and Watercourses See Ch. 215Appendix A, Zoning See Ch. 240Appendix B, Subdivisions See Ch. 230Disposition ListChapter DL. Disposition ListThe following is a chronological listing of legislation of the Town of Weston adopted since 1988,indicating its inclusion in the Code or the reason for its exclusion. [Enabling legislation which is notgeneral and permanent in nature is considered to be non-Code material (NCM).]§DL-1. Disposition of legislation.Adoption Date Subject Disposition4-5-1988 Tax relief for the elderlyamendmentSuperseded 4-4-19915-4-1989 Numbering of buildings Ch. 276-1-1989 Property maintenanceamendmentCh. 1453-7-1990 Tax relief for the elderlyamendmentSuperseded 4-4-19919-6-1990 Outdoor burning Ch. 328-1-1990 (effective) Firearms amendment Superseded 6-10-2013

Adoption Date Subject Disposition12-6-1990 Recycling Ch. 164, Art. VI12-6-1990 Solid waste and recyclingregulationsCh. 2254-4-1991 Tax relief for the elderly Superseded 4-15-199310-17-1991 Tax relief for the elderlyamendmentSuperseded 4-15-199311-5-1992 Justices of the Peace Repealed 6-6-19964-15-1993 Tax relief for the elderly Superseded 3-10-19943-10-1994 Tax relief for the elderly Superseded 3-19-19986-6-1996 Justices of the Peace Ch. 129, Art. I11-7-1996 Peddling and soliciting Ch. 14012-3-1996 Code of Ethics Ch. 643-19-1998 Tax relief for the elderly Superseded 1-4-20017-28-1999 (effective) Citations Ch. 397-28-1999 (effective) Land use fees Superseded 7-1-200612-15-1999 (effective) Inland wetlands andwatercourses regulationsSuperseded 3-16-2011; see Ch.2153-2-2000 Appointment of two additionalmembers to Board ofAssessment AppealsExpired (emergency ordinance)11-2-2000 Tax abatement for volunteeremergency serviceorganization membersCh. 179, Art. IV1-4-2001 Tax relief for the elderly Superseded 7-1-20041-17-2001 Building permits withheld fordelinquent taxesCh. 23, Art. II1-15-2004 Driveways amendment Ch. 517-1-2004 (effective) Tax relief for the elderly Superseded 6-2-201112-1-2005 Aquifer Protection Agency Ch. 18, Art. VII4-5-2006 Land use fees Ch. 70, Art. I9-21-2006 Commission on Aging Ch. 18, Art. III6-7-2007 Land use fees amendment Ch. 70, Art. I6-3-2008 Land use fees amendment Ch. 70, Art. I8-7-2008 Veterans' tax relief Ch. 179, Art. V8-15-2008 (effective) Aquifer protection arearegulationsCh. 2077-9-2009 Carbon monoxide detectors Ch. 23, Art. III7-9-2009 Emergency and disasterplanningCh. 612-4-2010 (effective) Fuel efficient vehicles Expired 7-1-20106-7-2010 Floodplain managementregulationsCh. 2122-7-2011 Floodplain managementregulations amendmentCh. 2123-16-2011 (effective) Inland wetlands andwatercourses regulationsCh. 2153-21-2011 Zoning regulations amendment Ch. 2406-2-2011 (effective) Bulky printed material Ch. 296-2-2011 (effective) Tax relief for the elderly Ch. 179, Art. VI4-16-2012 Zoning regulations amendment Ch. 24011-6-2012 Charter Charter12-20-2012 Notices amendment Ch. 12312-20-2012 Sales and solicitationsamendmentAmends section superseded in1996; see Ch. 14012-20-2012 Tag sales amendment Ch. 175

Adoption Date Subject Disposition5-16-2013 (ConservationCommission)Inland wetlands andwatercourses regulationsadoptedCh. 205, Art. III6-3-2013 (Planning and ZoningCommission)Aquifer protection area,floodplain management,subdivision and zoningregulations adoptedCh. 205, Art. II6-10-2013 Adoption of Code Ch. 1, Art. II6-10-2013 Solid waste and recyclingregulations adoptedCh. 205, Art. I6-10-2013 Firearms Ch. 796-10-2013 Land use fees amendment Ch. 70, Art. I (footnote only)9-16-2013 (Planning andZoning Commission)Zoning regulations amendment Ch. 2402-24-2014 Regional Council ofGovernmentsCh. 16711-4-2014 Charter Charter5-7-2015 Firearms amendment Ch. 795-21-2015 Animals: dogs Ch. 12, Art. I12-6-2018 Citations Amendment Ch. 3912-6-2018 Property MaintenanceAmendmentCh. 14512-6-2018 Single-Use Plastic Bags Ch. 22412-6-2018 Storm Sewers Ch. 2271-17-2019 Natural Gas and Oil Extraction:Waste ProhibitionCh. 220, Art. I