The use of land, buildings and other structures,
wherever located, shall be established and conducted so as to conform
to the performance standards hereinafter specified. The performance
standards establish certain nuisance factors which if committed or
exceeded in the use of land, buildings and other structures will be
detrimental to the use, enjoyment and value of other land, buildings
and structures; will be detrimental to the public health, safety and
welfare; and will be contrary to the comprehensive plan of zoning.
The Zoning Enforcement Officer is authorized to make surveys and take
measurements to determine compliance. No application for a certificate
of zoning compliance shall be approved by the Zoning Enforcement Officer
and no certificate of zoning compliance shall be issued by him until
he has made a determination that the proposed use of land, buildings
and other structures will be established and conducted in accordance
with the performance standards and with the standards stated in other
relevant town, state and federal codes, ordinances or regulations.
The performance standards hereinafter specified shall be of continuing
application.
No dust, dirt, fly ash, smoke, gas, fumes or
odors shall be emitted into the air from any lot so as to endanger
the public health and safety, to impair safety on or the value and
reasonable use of any other lot, or to constitute a critical source
of air pollution or to create a nuisance.
With the exception of time signals and noise
necessarily involved in the construction or demolition of buildings
and other structures, no noise shall be transmitted outside the lot
where it originates when noise has a sound level, intermittence and/or
beat frequency which would endanger the public health and safety or
impairs safety on or the value and reasonable use of any other lot.
With the exception of vibration necessarily
involved in the construction or demolition of buildings, no vibrations
shall be transmitted outside the lot where it originates.
[Amended 2-18-2003]
All exterior lights shall be designed, located,
installed and directed in such a manner as to minimize objectionable
light at the property lines and disability glare at any location on
or off the property. All lighting used for recreational purposes in
the Residential RES District shall be turned on only to service the
uses for which it is intended. Ornamental lighting shall be installed
and located so as to minimize light trespass onto adjacent property.
No refuse or other waste materials shall be
dumped on any lot except with the approval of the Director of Health
of the Town of Orange. No refuse or other waste materials and no liquids
shall be dumped on any lot or dumped or discharged into any river,
stream, water course, storm drain, pond, lake or swamp so as to constitute
a source of water pollution.
No material which is dangerous due to explosion,
extreme fire hazard or radioactivity shall be used, stored, manufactured,
processed or assembled except in accordance with applicable codes,
ordinances and regulations of the Town of Orange, State of Connecticut
and federal government.
No use on any lot shall cause interference with
radio and television reception on any other lot, and any use shall
conform to the regulations of the Federal Communications Commission
with regard to electromagnetic radiation and interference.
[Added 6-15-2010]
A.
Purpose and policy.
(1)
For the purpose of preventing erosion and sedimentation, including
loss of topsoil, preventing habitat disturbance, water quality degradation,
slope failure and flooding; minimizing stormwater runoff and flooding;
providing stable and safe building sites; preventing landslides and
soil instability; protecting the quantity and quality of the Town's
surface and ground water resources; protecting important scenic views
and vistas; preserving prominent land forms of scenic and ecological
value; preserving rock outcrops and trees, areas of vegetation and
wildlife habitat; encouraging flexible design and minimizing the area
of land disturbance related to site development and, when disturbance
is necessary, ensuring environmentally sound disturbance; and ensuring
and protecting the Town's character and property values, it is the
intent of this section to minimize disturbance on steep slopes and
very steep slopes and to avoid disturbance and construction activities
on excessive slopes.
(2)
It shall be unlawful to disturb any steep slope, as defined
below, unless a permit is obtained from the Commission pursuant to
the requirements of this section.
B.
Steep slopes shall be defined as any area, whether or not located
on a single lot, having a topographical gradient of 15% (the ratio
of vertical distance to horizontal distance) or more and with a minimum
area of 500 square feet.
C.
Limitations on development of property affected by steep slopes.
(1)
Lot area calculation. Areas consisting of slopes in excess of
25% grade, greater than 1,000 square feet in area, at predevelopment
conditions:
(2)
Land that is comprised of slopes in excess of 35% within a minimum
contiguous area of 5,000 square feet, also within a minimum square
area of 50 feet by 50 feet, at predevelopment conditions, shall not
be disturbed from its natural state. Lots which have been legally
subdivided for use as a single-family residence shall not be subject
to this requirement.
(3)
All areas which have been disturbed by regrading or other means
shall have a maximum finished slope of 2:1 (two feet horizontal to
one foot vertical), except areas in which exposed solid rock is left
exposed to the surface, in which case, the maximum permitted slope
shall be 1:4 (one foot horizontal to four feet vertical.)
(4)
The maximum height of retaining walls shall be six feet in residential
zones and areas permitted for residential development; and eight feet
in all other areas. Retaining walls in all zones shall be separated
by a minimum horizontal measurement of six feet.
D.
In evaluating all applications, the Commission shall use the following
guidelines:
(1)
The planning, design, and development of buildings minimizes
flooding and provides the maximum in structural safety, slope stability,
and human enjoyment while adapting the affected site to, and takes
advantage of the best use of, the natural terrain and aesthetic character.
(2)
Roads and driveways follow the natural topography to the greatest
extent practicable in order to minimize the potential for erosion;
(3)
Any re-grading blends in with the natural contours and undulations
of the land;
(4)
Tops and bottoms of cut and fill slopes are set back from structure
an adequate distance to ensure the safety of the structures in the
event of the collapse of the cut or fill slopes. Generally, such distance
is six feet plus 1/2 the height of the cut or fill;
(6)
Structures are designed to fit into the hillside rather than
altering the hillside to fit the structure, employing methods such
as reduced footprint design, step-down structures, walkout basements,
and minimization of grading outside the building footprint
(7)
Development is sited on that portion of the site least likely
to impact the natural landforms, geological features, and vegetation.
