SECTION 45 - COASTAL MANAGEMENT DISTRICT

45.1 General: The use of land, buildings and other structures within the Coastal Management District shall be established and conducted in conformity with the underlying zoning classification, subject to the additional requirements of this Section. Accordingly, such residential and nonresidential uses shall be permitted as are permitted and in the same manner as permitted in the underlying zone, provided the coastal site plan review determines that the potential adverse impacts of the proposed use on both the coastal resources and future water dependent activities are acceptable within the meaning of the Connecticut Coastal Management Act, as amended. 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 and certifies in writing that such use or structure has been reviewed and approved in accordance with the Connecticut Coastal Management Act, as amended, or is a use exempt from such review as provided for below.

45.2 Exemptions: Pursuant to Section 22a-109(b) of the Connecticut General Statutes, the following activities, whether authorized as a matter of right, subject to approval of a site plan, subject to approval of a special use, or granting of a variance from these Zoning Regulations by the Zoning Board of Appeals, are exempt from coastal site plan review requirements except when the subject activity requires zoning approval and takes place within 100 feet of a critical coastal resource:

45.2.1 Gardening, grazing and the harvesting of crops;

45.2.2 Minor additions to or modification of existing buildings or detached accessory buildings, such as garages and utility sheds;

45.2.3 Construction of new or modification of existing structures incidental to the enjoyment and maintenance of residential property including but not limited to walks, terraces, driveways, swimming pools, tennis courts, docks, and detached accessory buildings;

45.2.4 Construction of new or modifications of existing on-premise structures including fences, walls, pedestrian walks and terraces, underground utility and sewer service lines, signs, and such other minor structures as will not substantially alter the natural character of coastal resources as defined by Section 22a-93(7) of the General Statutes or restrict access along the public beach;

45.2.5 Construction of an individual single family residential structure except when such structure is located on an island not connected to the mainland by an existing road, bridge, or causeway;

45.2.6 Activities conducted for the specific purpose of conserving or preserving soil, vegetation, water, fish, shellfish, wildlife and other coastal land and water resources;

45.2.7 Interior modifications to buildings;

45.2.8 Minor changes in use of a building, structure, or property except those changes occurring on property adjacent to or abutting coastal waters.

Notwithstanding the provisions of this subsection, shoreline flood and erosion structures as defined in the Connecticut General Statutes Section 22a-109(c) shall not be exempt from Coastal Site Plan Review. Such structures must also be referred for review to the Connecticut Department of Environmental Protection, Office of Long Island Sound Programs.

45.3 Application Requirements: Except as exempted above, an application for approval of a coastal site plan shall be submitted to the Commission on a form prescribed by the Commission. Pursuant to Sections 22a-105 and 22a-106 of the General Statutes, a coastal site plan shall include the following information: a plan showing the location and spatial relationship of coastal resources on and contiguous to the site; a description of the entire project with appropriate plans, indicating project location, design, timing, and methods of construction; an assessment of the suitability of the project for the proposed site; an evaluation of the potential beneficial and adverse impacts of the project, and a description of proposed methods to mitigate adverse effects on coastal resources. In addition, the applicant shall demonstrate that the adverse impacts of the proposed activity are acceptable and that such activity is consistent with the coastal policies, of Section 22a-92 of the General Statutes.

45.4 Statutory Criteria: In addition to determining compliance with any other applicable standards, requirements or criteria set forth by these Regulations the Commission shall review coastal site plans for compliance with the following criteria established in Section 22a-106 of the General Statutes:

45.4.1 consistency of the proposed activity with the applicable coastal policies in Section 22a-92 of the Connecticut General Statutes;

45.4.2 The acceptability of potential adverse impacts of the proposed activity on coastal resources, as defined in section 22a-93(15) of the Connecticut General Statutes;

45.4.3 The acceptability of potential adverse impacts of the proposed activity on future water dependent development opportunities, as defined in Section 22a-93(17) of the Connecticut General Statutes; and

45.4.4 The adequacy of any measures taken to mitigate the adverse impacts of the proposed activity on coastal resources and future water dependent development opportunities.

45.5 Vegetated Buffers: In coastal site plans where there are environmentally sensitive and/or ecologically fragile natural resources, the Commission may require the provision of a vegetated buffer in order to protect and preserve such resources. A vegetated buffer, which is an undisturbed area or strip of land covered with permanent stable vegetation adjacent to the resource area, is an effective method for protecting a sensitive resources from disturbance. It is therefore the policy of the Planning and Zoning Commission to require, as part of any site plan review for any property which includes or is adjacent to a critical coastal resource, that any existing vegetated buffer be retained and/or a new vegetated buffer be established. The width of the buffer should be appropriate to the quality of the coastal resource and the extent and type of development proposed. Plantings should be salt tolerant native species suited to the coastal resource buffer environment. Mowed lawns are not considered to be vegetated buffers. Vegetated buffer plans should be prepared by an appropriate environmental professional.

45.6 Commission Action: The Commission shall approve, modify, condition or deny the coastal site plan for the proposed activity on the basis of the criteria listed in Section 22a-106 of the General Statutes to ensure that the proposed activity is consistent with the coastal policies in General Statutes and that the potential adverse impacts of the proposed activity on both coastal resources and future water dependent development opportunities are acceptable. Pursuant to Section 22a-106 of the General Statutes the Commission shall state in writing the findings and reasons for its action with respect to any coastal site plan approved, conditioned, modified or denied. Further, in approving any coastal site plan, the Commission shall make a written finding that (1) the proposed activity as approved is consistent with the coastal policies in Section 22a-92 of the General Statutes, (2) the proposed activity incorporates as conditions or modifications all reasonable measures which would mitigate potential adverse impacts of the proposed activity on coastal resources and future water dependent development activities, and (3) the potential adverse impacts of the proposed activity on coastal resources and future water-dependent development opportunities, with any conditions or modifications imposed by the Commission, are acceptable. In accordance with Section 22a-105 through 22a-109 of the General Statutes, hearing notification requirements, time limits for making a decision and decision publication and notification requirements for coastal site plans shall be the same as that set forth in the General Statutes for the type of permit or approval being requested.

45.7 Fees: Each application for coastal site plan review shall be accompanied by a fee, payable to the Town of Branford, Connecticut, in accordance with the schedule of fees as established by the Commission.

45.8 Violations: In accordance with Section 22a-108 of the General Statutes. any activity undertaken within the Coastal Boundary without the required coastal site plan review and approval, shall be considered a public nuisance and shall be subject to enforcement remedies authorized in that Section.