5.1-2.B Agriculture, Commercial and Nurseries and Greenhouses, Commercial

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1 Town of Ledyard Agenda Planning & Zoning Commission Meeting Thursday, August 13, 7:00 PM Remote Meeting. REMOTE MEETING INFORMATION Please join the meeting from your computer, tablet or smartphone. Click on the Green Box below to Join: Join meeting Join by Phone: Meeting Access Code: Meeting password: qeyjhyqj663 ( from phones and video systems) I. CALL TO ORDER II. III. IV. PLEDGE OF ALLEGIANCE ROLL CALL & APPOINTMENT OF ALTERNATES APPROVAL OF ADDITIONS TO AND/OR CHANGES TO THE ORDER OF THE AGENDA V. CITIZENS PETITIONS (LIMITED TO NON-AGENDA ITEMS) VI. VII. VIII. PUBLIC HEARINGS/APPLICATIONS: OLD BUSINESS A. Agritourism/Agribusiness Zoning Regulations Agenda Action Item - AIR Pdf Agriculture Discussion Accessory Use of Farms CAZEOAgritourismInfo2019 (1) Agricultural Regs Draft Livestock_Guidance_Book_WEB-FINAL AgRegs_ AgriculturalRegs ProposedDraft B. Continued Discussion of POCD Update for Sidewalk inventory. Sidewalk Requirements Ledyard Sidewalks Rev B NEW BUSINESS A. Acknowledge Receipt of New Applications: B. MOTION to adopt a Municipal Certification of Resolution for a Small Town Economic Assistance Program ~STEAP 2020 ~ Ledyard Community Green Improvement Project (project name to tbd) located at 728 Colonel Ledyard Highway, Ledyard, Connecticut Page Page 1 of 301

2 And that the Parks & Recreation Commission shall review and approve the Conceptual Plan to be submitted as part of the Application; IX. And, if funding is approved, Town Council approval will be requested for funding the Town match when that amount is known before any contract is signed & the project is commenced. Agenda Action Item - - Pdf RESOLUTION-STEAP TOWN GREEN docx STEAP 2020 Grant Memo STEAP2020 GrantRequestForm DRAFT-Town Community Green Project Concept Plan C. Discussion of Stonegate Village, 10 Flintlock Road, Ledyard, CT Review proposed revised Stipulation for Judgment (Third Garden Park, LP v. Ledyard Zoning Commission) of Exhibit A - Original Stipulated Judgement Exhibit B - Tree planting line StonegateVillage ModificationSettlement APPROVAL OF MINUTES A. PZC Regular Meeting Minutes X. CORRESPONDENCE XI. REPORTS 1 TOWN PLANNER REPORT XII. XIII. 2 ZONING OFFICAL REPORT ZEO PZC Report ADJOURNMENT DISCLAIMER Although we try to be timely and accurate these are not official records of the Town. The PZC official Agendas & Minutes will be available in the Town Clerk's Office Page 2 of 301

3 AGENDA ACTION ITEM Meeting Date: Staff Contact: Deborah Dobson, Land Use Dept. Office Assistant II Department: Land Use Subject: Agritourism/Agribusiness Zoning Regulations Attachments: Agriculture Discussion Accessory Use of Farms CAZEOAgritourismInfo2019 (1) Agricultural Regs Draft Livestock_Guidance_Book_WEB-FINAL AgRegs_ AgriculturalRegs ProposedDraft Page 3 of 301

4 GROTON B Agriculture, Commercial and Nurseries and Greenhouses, Commercial Agriculture, Commercial: Conditions apply in the following zoning districts: RS, R, RU, RM, CN, CR, MVC, IM, IG Nurseries and Greenhouses, Commercial: Conditions apply in the following zoning districts: RU, CN, CR, MVC, IM, IG Commercial agriculture, nurseries or greenhouses, including truck gardens, are permitted subject to the following conditions: 1. Lot Size: There must be a minimum lot area of five (5) acres. 2. Setbacks: a. No livestock, horses, or poultry are allowed to be housed or permitted to graze within 100 feet of any property line. b. No building or structure other than a dwelling or display and sales area is permitted within 75 feet of any property line. 3. Waste: All animal wastes should be properly stored and disposed of in a manner to maintain sanitary and nuisance free conditions satisfactory to the Director of Health. Manure should be removed from the site or composted. Any compost piles must be located a minimum of 200 feet from a lot line and any areas where manure is stored or composted must be visually screened from dwellings on adjacent lots. 4. CT Public Health Code: Nothing in this section diminishes the property owner s separate responsibility for addressing compliance with the keeping of livestock and storage and disposal of waste under the State of Connecticut Public Health Code. 5. Sales for Commercial Agriculture: The sale of farm produce raised on the lot is permitted as an accessory use to any commercial agriculture use provided: a. The indoor display and sales area is limited to one building or structure not to exceed 200 SF in area. Additional display and sales areas are allowed outdoors. b. Provision is made for at least four (4) off-street parking spaces. 6. Sales for Commercial Nurseries and Greenhouses: The sale of garden produce and nursery stock raised on the lot is permitted as an accessory use to any commercial nursery and greenhouse use, provided: a. Provision is made for at least one (1) parking space for every 1,000 SF of indoor sales area. 7. Stormwater: Compliance with the Town s Stormwater Regulations must be demonstrated (see Section 7.3). -1- Page 4 of 301

5 5.1-2.C Agriculture, Home 1. Conditions Applicable to All Home Agriculture Conditions apply in the following zoning districts: RS, R, RU, RM, CN, CR, MDD, WW, MVC, IM a. Sales: The sale of produce and other home agriculture products raised and prepared on the lot is permitted as an accessory use with an Administrative Site Plan and subject to the standards below: Size: A farm stand and display area must not exceed a total of 50 SF. Residential Use: The sales and display area must be clearly incidental to the residential use of the dwelling. Parking: One (1) parking space is required for the farm stand in addition to any parking required for the main use on the site. Employees: Only residents of the dwelling unit are allowed as employees. Signage: Any signage on the site must meet the requirements of Section 8.4 of these Regulations. Storage: Materials, products, or equipment related to sales must not be stored outside of the space allocated in subsection 1.a. above. b. Home-Based Business: Any sale of Home Agriculture products that does not meet the above standards (1.a) must comply with and receive approval under the Home-Based Business Section D of these regulations. c. Keeping of Animals: The keeping of hens and other livestock animals have additional conditions as described below. 2. Conditions Applicable to Keeping of Hens Conditions apply in the following zoning districts: RS, R, RU, RM, CN, CR, MDD, WW, MVC, IM Purpose: This regulation provides for the limited keeping of female chickens, referred to as hens, on residentially used properties, for the health, convenience, personal enjoyment and benefits afforded by such use, and in a manner which preserves the quality of life of the surrounding neighborhood. The keeping of hens on properties used for residential purposes shall be subject to the following standards: a. Number of Hens: No more than four (4) hens may be kept on any lot of twenty thousand (20,000) square feet or less. On lots greater than twenty thousand (20,000) square feet and up to five (5) acres, no more than ten (10) hens may be kept. In any -2- Page 5 of 301

6 case, the keeping of hens shall be considered a non-commercial accessory use to a residential use. Keeping of hens on lots greater than five (5) acres shall be considered a commercial farm use subject to Section b. Location on Lot: Hens shall be confined to a fenced enclosure located in a rear or side yard only. In lieu of the buffer requirements of Section 7.4-4, the enclosure, coop, and any storage area for food or compost waste shall be at least ten (10) feet from any property line and at least twenty (20) feet from any residential structure on adjacent properties. c. Enclosure, Food, and Waste: A coop shall be required and shall be located entirely within the fenced enclosure or the coop shall have direct access to the fenced enclosure for the hens. The coop shall be no greater than eight (8) feet in height and no more than twenty-five (25) square feet for up to four (4) hens and no more than fifty (50) square feet for up to ten (10) hens. The coop and the enclosure shall be designed and constructed so hens do not have access outside of the enclosed area. All food products and waste shall be kept so as to limit offensive odors and the presence of pests and predators, including, without limitation, by keeping all food products in waterproof and sealed containers off the ground at all times. Waste may be composted. d. Residential Buildings: No hens shall be kept inside any building or structure used for residential purposes. e. Roosters: No rooster shall be kept on any property under five (5) acres. f. CT Public Health Code: The keeping of hens shall be conducted in a manner consistent with and in compliance with the State of Connecticut Public Health Code, including, without limitation, Section B32(e) with regard to properties within a public water supply watershed. g. Certificate of Zoning Compliance: A Certificate of Zoning Compliance is required for the keeping of hens which must be accompanied by a plot plan showing the location and dimensions of the fenced area, coop, and any storage area for food and/or compost waste. 3. Conditions Applicable to Keeping of Other Livestock Animals (not hens) Conditions apply in the following zoning districts: RS, RU, MVC Within the RS-20, RU-20, RU-40, RU-80, and MVC zoning districts, Home Agriculture and the non-farm keeping of livestock is permitted on properties between 2 and 4.99 acres, subject to the criteria below. With the exception of hens (see Sec C.2 above), and a total of one miniature pig, goat or sheep kept as a household pet, the non-farm keeping of livestock is not permitted in other zoning districts. a. Lot Size and # of Animals: The minimum lot area is two acres. The keeping of a combination of animal types (Group 1, 2 and 3) must be limited as described -3- Page 6 of 301

7 below. In no case shall a lot contain more than 12 total livestock animals, including hens. This limitation does not apply to household pets. The following list specifies maximums for animals by the size of animals kept: Group 1. Animals whose average adult weight is less than 10 pounds (ducks, rabbits, etc.) are permitted with a maximum number of 12 animals. Any hens kept per this Sec C.2 (above) will count toward this maximum. Group 2. Animals whose average adult weight is between 10 and 65 pounds (goats, miniature pigs, turkeys, geese, etc.) are permitted with a maximum number of four (4) animals. Group 3. Animals whose average adult weight is greater than 65 pounds (e.g. horses, cows, alpacas, llamas, sheep, etc.) are permitted with a maximum number of two (2) animals. b. Setbacks: The following lists minimum setbacks (from all property lines) for any pasture or recreation area and any structure used to house non-farm livestock. Should one structure be used to house a combination of animal types, the most restrictive setback will apply: Group 1 Animals. A minimum twenty-foot setback (ten-foot setback for hens only see this Sec C.2 above). Group 2 Animals. A minimum fifty-foot setback. Group 3 Animals. A minimum seventy-five-foot setback. c. Buildings and Structures: All buildings and structures used to house non-farm livestock must meet the following: Be prohibited from placement in the front yard. Be predator resistant and well-ventilated. Be kept clean, dry, and sanitary at all times. d. Pasture/Recreation Areas: All outdoor pasture/recreation areas must be enclosed with fencing to prevent the escape of the animals. e. Maintenance: All animals, their housing and their outdoor pasture/recreation areas must be properly maintained so as not to become a nuisance to adjoining properties. f. Animal Waste: All animal wastes must be properly stored and disposed of. Manure must be removed from the site or must be composted in enclosed bins, which must not be stored within 50 feet of a lot line. Areas where manure is stored or composted must be visually screened from dwellings on adjacent lots. g. Feed Storage: All feed must be stored, secured and covered in a tamper resistant container or area. -4- Page 7 of 301

8 h. CT Public Health Code: Nothing in this section diminishes the property owner s separate responsibility for addressing compliance with the keeping of livestock and storage and disposal of waste under the State of Connecticut Public Health Code. i. Certificate of Zoning Compliance: A Certificate of Zoning Compliance is required for the nonfarm keeping of livestock which must be accompanied by a plot plan showing the location and dimensions of the fenced area, animal housing structures, and any storage area for food and/or compost waste. j. Stormwater: Compliance with the Town s Stormwater Regulations must be demonstrated (see Section 7.3). k. Commercial Agriculture: Any parcel of land with five (5) acres or more, and which meets the definition of Agriculture, Commercial under Section 2.1, and which is used in the raising of agricultural products, livestock, poultry or dairy products, including necessary farm structures and the storage of equipment customarily incidental to the primary use, is considered a farm and must follow the appropriate regulations relating to Commercial Agriculture D Community Garden Conditions apply in the following zoning districts: RS, R, RU, RM, CN, CR, MVC, IM, IG, GR Community gardens are permitted uses subject to the following conditions: 1. Administrative Site Plan: Administrative Site Plan is required in allowed zones. 2. Rules of Operation: The name and telephone number of the garden coordinator and a copy of the operating rules must be provided with the Administrative Site Plan. 3. Use and Storage of Pesticides, Herbicides, and Fertilizers: The site will be designed and maintained so that water and fertilizer will not drain onto adjacent property. Storage of anything defined as a hazardous material must follow the requirements of Section 6.4-8, Hazardous Materials. 4. Stormwater: Compliance with the Town s Stormwater Regulations must be demonstrated (see Section 7.3). 5. Buffer from adjacent residential uses/zone: Any storage area for compost waste must be at least 20 feet from any property line and any structure must be at least ten (10) feet from any property line. 6. Parking: If daytime on-street parking is allowed on one or more streets adjacent to the community garden, no off-site parking is required. Otherwise, at least two (2) parking spaces are required. Such spaces may or may not be paved. -5- Page 8 of 301

9 7. Sales: There will be no retail sales on site, except for produce grown on the site. A farm stand of no more than 100 SF is allowed. Two (2) parking spaces are required for the farm stand in addition to any parking required under sub-section 6 above. -6- Page 9 of 301

10 PRESTON Farm. A farm shall equal at least five (5) contiguous acres of land or more under one (1) ownership under cultivation or used for livestock and poultry and may contain buildings which are mainly used for and incidental to farming. An IRS Schedule F 1040 form shall be filed annually and approved by the Assessor in order to be considered a farm. Farm, Commercial Livestock. The keeping of livestock for breeding, boarding, and/or instruction for commercial purposes, and in accordance with Section of these Regulations. Farm, Commercial Poultry. A farm for the keeping of poultry over two hundred fifty (250) birds in accordance with Sections and of these Regulations. Farm, Commercial Poultry. A farm for the keeping of poultry over two hundred fifty (250) birds in accordance with Sections and of these Regulations. Farm-to-table Cuisine. The serving of local food at restaurants and school cafeterias, preferably through direct acquisition from the producer which might be a winery, cider mill, brewery, fishery, or other type of food producer which is not strictly a "farm. Farm Winery, Cider Mill and other similar farm fruit facility. Any place or premises, located on a farm with land area that equals five (5) acres or more provided a minimum of two (2) acres of the parcel shall be used for the growing of grapes, or other fruit, for which wine or other fruit drink is manufactured and sold in accordance with Section of these Regulations. Such wineries are permitted in R-120, R-80, R-60, R-40, C-1, PI, RC, TRD, the Preston City Village District, and Poquetanuck Village District. Farm Vineyard, Winery, Cider Mill and other similar farm fruit facility - Large Acreage. Any place or premise located on a farm with land area that equals at least twenty-five (25) acres or more provided there is a minimum of five (5) acres of planted vineyard or orchard or more for which wine or other fruit drinks are manufactured and sold in accordance with Section of these Regulations. Such winery with vineyard and cider mills with orchards are permitted in R120, R-80, R-60, R-S, R-40, C-1, PI, RC, TRD, the Preston City Village District, and Poquetanuck Village District by special exception pursuant to Section of these Regulations. Farming. The act of cultivation of land for the growing of vegetables, grains, grasses, trees, herbs, fruit, or other horticultural products; the raising of livestock, farm animals, poultry and birds, the producing of milk, and other similar pursuits except gardens, livestock or fowl grown mainly for home use and in accordance with Section and of these Regulations shall not be classified as farming. -7- Page 10 of 301

11 NORTH STONINGTON 1001 AGRICULTURE Preserving the Town s existing farms and encouraging new farming activities are strong goals of the Town. North Stonington s farms are central to the community s rural image and overall value by providing many obvious benefits such as providing tax revenue with little demand on Town services; providing wildlife habitats and tracts of open space, essential to maintaining the high quality of life enjoyed by Town residents; and by providing local produce, meat and dairy products year round. The purpose of these regulations is to clearly define agriculture and to promote the economic and operational viability of existing agricultural operations while facilitating and promoting new operations. Agriculture is permitted in the R40, R60, R80 and I Zoning Districts as a principal use or in addition to any existing permitted principal use Definitions See Chapter 16 under Agriculture for various definitions relating to agriculture and farming. All such terms are considered agricultural uses and may require permits Application Requirements The following activities/uses require a Zoning Permit and/or Commission review: A. the establishment of a new agricultural principal use as defined in 1600; B. the expansion or modification of an existing farm/agricultural operation; C. Special Agricultural Buildings (see ); D. the excavation of farm ponds (see 1006); E. the construction of any new structures on a property; F. accessory uses and activities specifically identified in (A E); and G. any other use/activity specifically identified as requiring a permit Accessory uses (Ag-tivities, tourism, retail). The following activities are considered to be accessory to an established agriculture operation. For accessory uses and activities that may currently or in the future involve outdoor events, retail sales, and/ or potential traffic generating activities, a Zoning Permit and/or Commission review is required. A. Agricultural Tourism. The opening to the public of a working farm or any agricultural, horticultural or agribusiness operation for the purpose of enjoyment, -8- Page 11 of 301

12 education, or active involvement in the activities of the farm or operation. A Site Plan review (SPL) shall be required when agricultural tourism is to be conducted on any parcel six or more times in any calendar year, or when any agricultural tourism event may reasonably be expected to require parking on any single day for ten or more motor vehicles used by agricultural tourists. Otherwise, agricultural tourism requires only a Zoning Permit (ZP). B. Ag-tivities. Events of limited duration on a farm that are incidental to agricultural uses, including (but not limited to) hayrides, corn mazes, festivals and other similar activities; on-farm sales such as farm stands and pick-yourown operations, retailing farm and farm-related products (farm store); recreational and/or competitive equine enterprises, and on-farm processing operations provided they comply with all applicable state and municipal health codes. A Site Plan review (SPL) shall be required when Ag-tivities are to be conducted on any parcel six or more times in any calendar year, or when any Ag-tivities may reasonably be expected to require parking on any single day for ten or more motor vehicles used by visitors to the farm. Otherwise, Ag-tivities require only a Zoning Permit (ZP). Note: A temporary event permit may also be required from the Board of Selectmen. C. Non-agriculturally Related Uses. Activities that are part of an agricultural operation s overall offerings, but are not incidental to agriculture, or tied to agricultural buildings, structures, equipment, and/or fields. Such uses may include, but are not limited to, fee-based outdoor recreation such as bird watching, snowshoeing, and other passive recreational activities. A Site Plan review (SPL) shall be required when such uses may reasonably be expected to require parking for ten or more motor vehicles used by visitors to the farm. Otherwise, such uses require only a Zoning Permit (ZP). Small Event Barns for (but not limited to) retreats, weddings, workshops, classes (i.e. yoga, canning, wool dying etc.) are permitted by SPL, but no outdoor events or amplified music are permitted and adequate parking must be available on site to accommodate all expected motor vehicles. Event Barns to be used for large-scale events, or any events in which the use of amplified music is planned or anticipated, require a Special Permit. In order to satisfy the conditions of a Special Permit with respect to noise, the Commission may limit the number of events per year and/or prohibit the use of amplified music outdoors. The Commission may impose additional restrictions on the use if it determines, after a hearing for -9- Page 12 of 301

13 which the owner of the farm is given written notice that the noise levels are causing a nuisance to nearby properties. D. Farm-Brewery (SPL) A Farm Brewery shall be considered to be accessory to an established agricultural operation if the farmer makes and sells beer (including hard cider) from ingredients primarily grown on the farm. A Farm Brewery is permitted wherever agriculture is permitted [Note: A Brew Pub would fall under Hospitality Uses, permitted in nonresidential Zones per 602]. In addition to the requirements of Site Plan approval, the following additional regulations shall apply. 1. The brewery shall be considered a Pilot or Nano brewery if it has production capabilities of no more than 15,000 barrels a year. However, in the I Zoning District, the manufacturing of greater quantities of beer and full-scale distribution operations may also be permitted as part of Site Plan approval. 2. The brewery must be clearly subordinate to a primary residence that is owner occupied (or that houses a full-time caretaker/manager) 3. Accessory uses to the Farm Brewery may include a test kitchen, tasting room, retail farm store selling local produce, valueadded products, and sealed bottles or other sealed containers of beer produced on site for consumption off the premises. Accessory structures such as sheds and barns incidental to the brewery are also permitted. 4. Hours of operation for the tasting room and retail store shall be 12:00 p.m. to 8:00 p.m. (year-round, 7 days a week). E. Seasonal Roadside Stand and Farm Stores (ZP) 1. Roadside stands are permitted in all districts and require a Zoning Permit if greater than 50 square feet. No roadside stand shall have a gross floor area greater than 200 square feet. 2. Farm Stores of any size require Site Plan approval. F. General Requirements 1. Parking. Parking for all permitted agricultural accessory uses shall, to the maximum extent possible, be located in areas on the site where they will be the least visible from access roads and adjoining properties, but must allow for adequate sightlines for drivers traveling on the adjacent road and entering and exiting such spaces for such road. Setback requirements apply to all parking -10- Page 13 of 301

14 Animals and Fowl areas. Due consideration shall be given to the posted speed limit and other pertinent factors. The ZEO and/or Commission may require additional buffering to meet the intent of the parking and landscaping regulations. 2. Location and Noise. The location of outdoor events and activities associated with Agritourism and/or Ag-tivities on the farm shall take into consideration the current use of surrounding properties. The Commission and/or ZEO may require a specific separating distance and/or an appropriate buffer strip that screens any such activity from adjacent properties. If the proposed activity or agricultural use regularly employs the use of an amplified sound system, there shall be a sound-absorption plan in place that confirms compliance with the State of Connecticut DEEP noise standards ( 22a69-1 through 22a ) as amended. The Commission may impose additional restrictions on the use if it determines, after a hearing for which the owner of the farm is given written notice that the noise levels are causing a nuisance to nearby properties. This is intended to promote, protect, and encourage keeping livestock in an appropriate and responsible manner within the Town. The keeping of animals, subject to the following limitations, is permitted in all Residential and Industrial Zoning Districts regardless of farm status. A. Definitions: Large Animals include but are not limited to a horses, ponies, donkeys, cows, bison, and/or other similar animals whose mature weight exceed 400 pounds. Pigs shall be considered large animals regardless of their mature weight. Medium Animals include but are not limited to sheep, goats, miniature horses, and/or animals whose mature weight is between 30 and 400 pounds. Small Animals include but are not limited to fowl and/or animals whose mature weight is less than 30 pounds B. The keeping of any one (1) large animal or three (3) of any medium animals (other than domestic cats or dogs) as defined in Subsection A above or the keeping of a flock of more than ten (10) in the aggregate of any fowl, or ten (10) in the aggregate of any other small animal (other than domestic cats or dogs) as defined in Subsection A above, whose mature weight is less than Page 14 of 301

15 pounds, shall require a parcel of land containing no less than 40,000 square feet of contiguous area. Except as provided in Subsection C, for each one (1) additional large animal OR three (3) additional medium animals, OR for each additional flock of fowl or group of ten (10) small animals, the parcel must contain an additional 20,000 square feet of contiguous area. Limits do not apply to un-weaned animals less than six months in age. C. A flock of six (6) or fewer fowl or a group of any six (6) or fewer small animals, as defined in Subsection A above, may be kept on lots having less than 40,000 square feet of contiguous area (except that no roosters shall be permitted). D. There is no limit on the number of animals that may be kept on farms having ten (10) acres or more, provided all other applicable provisions of these Regulations are met. For properties containing less than ten (10) acres, animal densities beyond those set forth in Subsection A above may be permitted if the additional animals will be housed solely indoors. E. Animal Waste- Storage and Disposal Best Management Practices 1. The keeping of animals and fowl and all plans for the storage and disposal of their associated wastes, shall conform to all applicable local, state and federal health, air and water pollution regulations (Note: these may be available through the U.S. Department of Agriculture, Natural Resources Conservation Service, or the UCONN Cooperative Extension Service). 2. The living quarters of livestock, poultry, and similar animals, and the handling and disposal of solid and liquid wastes must not create a public health hazard or nuisance, or have an adverse effect on the environmental quality of the surrounding area and the community in general. 3. All animals shall be suitably and adequately confined or controlled at all times. 4. Animal-keeping areas shall not be permitted directly over land containing an onsite sewage disposal system. 5. Proper drainage shall be provided to avoid collection of water. Water shall be diverted from animal keeping areas; however, such water shall not be allowed to pollute surface or subsurface water supplies. 6. Enforcement D applies to the keeping of all animals permitted in The ZEO shall have the power to determine Best Management Practices after consulting with appropriate State and/or Local -12- Page 15 of 301

16 Agencies Signage In addition to the signs allowed pursuant to 312 of these Regulations, a farm may have: A. Agricultural Sign. One permanent free-standing or attached sign with an area no larger than 16 square feet per side, limited to two sides (no size limit applies to signs painted on a barn). Agricultural signs must comply with all other applicable standards specified in 312. B. Seasonal Agricultural Sign. One temporary free-standing or attached sign associated with a farm stand, seasonal farm stand, or agriculturally related use. Such signs shall not have an area larger than 16 square feet per side, with a maximum of two sides. One seasonal agricultural sign per farm stand, seasonal farm stand, and/or agriculturally related use is allowed. One additional seasonal agricultural sign per every 300 feet of frontage on a public right-of-way on a farm parcel is also allowed. At no time, however, shall any farm have more than six seasonal agricultural signs. Seasonal agricultural signs shall meet all other applicable standards specified in Specialized Agricultural Building A. In deciding on any application for a Special Permit for a specialized agricultural building, the Commission shall seek to minimize the impact of any such use on nearby established residential, commercial, and institutional uses by requiring appropriate separation distances, buffers, and access route locations. B. No such building or any associated waste storage or treatment area shall be located closer than 225 feet from a street centerline or closer than 300 feet from any other property line or from a watercourse, except that the distance to a property line may be reduced to 100 feet when the adjoining property is permanently preserved open space Page 16 of 301

17 SALEM SECTION 30 SPECIAL AGRICULTURE ZONE (1/01/05) 30.1 INTENT The Town of Salem recognizes that agricultural uses are an asset to the town s rural character. It is the intent of these regulations to establish a floating zone to ensure that those uses continue and expand, and to promote adaptive re-use of existing agricultural buildings. (4/01/07) 30.2 GENERAL The minimum lot size in this zone shall be five (5) acres, in addition to the minimum acreage requirement of the underlying zone. The lot must not be located in whole or in part within five hundred (500) feet of the municipal boundary. (4/01/07) The intensity of all uses proposed within the Special Agriculture Zone shall be as deemed appropriate by the Commission DEFINITIONS a) Acre 43,560 square feet b) Animal Unit a measure for comparing livestock as follows: i. Class A Livestock = One (1) animal per Animal Unit ii. Class B Livestock = Three (3) animals per animal Unit iii. Class C Livestock = Fifteen (15) animals per Animal Unit iv. Class D Livestock = One half (0.5) animal per Animal Unit c) Class A Livestock large animals whose mature weight is five hundred (500) pounds or more such as equine, bovine and other large animals. (See also definition of Livestock.) d) Class B Livestock medium-sized animals whose mature weight falls within the range of thirty (30) to five hundred (500) pounds, such as sheep and goats, but excluding pigs. (See also definition of Livestock.) e) Class C Livestock small animals with a mature weight of less than thirty (30) pounds such as poultry, fowl and rabbits. (See also definition of Livestock.) f) Class D Livestock pigs subject to Section B23 (a) of the Connecticut Public Health Code, as amended. (See also definition of Livestock.) g) Floating Zone Zone established over an existing zone and may provide additional requirements or provide additional uses Page 17 of 301

18 h) Hoop House a permanent structure with the following characteristics: i. Supporting structure constructed of tubular metal, fiberglass or other similar structural tent-like supports affixed to the ground. ii. Covered by a flexible poly or fabric-like material stretched over and secured to the supporting structure. i) Livestock all domestic animals except those usually kept as a companion and housed with human occupants in a residential building PERMITTED USES a) Uses permitted in the underlying zone; b) Feed & grain store; tack shop; c) Storage and repair of farm vehicles and other similar equipment, not to include operation of a repair garage for the general public; d) Riding, carriage/wagon/sleigh rides, boarding and instructional activities involved with the keeping of horses; e) Farm store, products produced from farming not including manufacture of farm equipment; f) Greenhouse/nursery; g) Veterinary clinic; h) Keeping of livestock, which may include raising, breeding, instructing, training, sales, boarding, riding, driving and similar uses normally associated with the keeping of livestock; i) Construction and sale or rental of agricultural and livestock related products, including, but not limited to troughs, jumps and the like; (4/01/07) j) Wineries; k) Farm stands; l) Farm markets; m) Storage, packaging and bottling of local farm products. n) Special Event Facility. An establishment which hosts for-profit events such as weddings, business meetings, special or seasonal celebrations, and other non-profit community events under conditions stipulated by the Commission as appropriate for the proposed site and surrounding area. (10/18/16) -15- Page 18 of 301

19 30.5 PERMITTED ANIMAL UNITS PER ACRE A maximum of two (2) animal units (as defined in Section 30.3) per acre for the additional acreage of five (5) acres in addition to the underlying zone requirement shall be permitted for the first five (5) acres of a Special Agriculture Zone parcel ADDITIONAL ANIMALS ALLOWED PER LOT After the first five (5) acres, additional animals may be kept as follows: One (1) Class A animal per One (1) Class B animal per One (1) Class C animal per One (1) Class D animal per 21,780 square feet of land area; 7,260 square feet of land area; 1,452 square feet of land area; and 43,560 square feet of land area Where applicable, offspring shall apply only to the number of animals per lot beyond the juvenile stage All manure piles shall be set back a minimum of fifty (50) feet from all property lines, shall be visually screened from dwellings on adjacent properties and shall not be placed within the minimum required side, rear and front yard setbacks of the underlying zone. Fully composted manure may be applied within said restricted area for soil restoration The raising of animals exclusively for their pelts is prohibited Shelter shall be provided for all livestock. Any new shelter, or any new agricultural building, shall be set back from all property lines a minimum distance of one hundred (100) feet Any existing non-conforming structure, originally constructed for agricultural purposes, may continue to be used, maintained or expanded subject to the requirements of Section 12 of these Regulations, or replaced for agricultural purposes Impervious coverage shall not exceed five percent (5%). This requirement may be waived by the Commission if a written request is presented by the applicant and just cause shown. Said waiver shall be subject to Inland Wetlands and Conservation Commission recommendation, if applicable, regarding any impacts within their jurisdiction Detached greenhouses, including hoop houses, shall be permitted provided they are located on the premises in accordance with Sections and of these Regulations APPLICATION REQUIREMENTS Application for designation of a Special Agriculture Zone shall be filed in accordance with SECTION 18 AMENDMENTS of these Regulations Page 19 of 301

20 If the property which is the subject of said application contains wetlands and/or watercourses as defined in the Town of Salem Inland Wetlands and Watercourses Regulations, as amended, an application shall be submitted to the Inland Wetlands and Conservation Commission no later than the same day as application to the Planning and Zoning Commission. The following documentation shall be included with said application for designation of a Special Agriculture Zone: a) Site plan prepared in accordance with Section 11A of these Regulations. Section 11A.2.1 of these Regulations shall not apply. b) Narrative describing the proposal. c) Traffic Impact Study prepared by a professional Traffic Engineer. d) Lighting illumination plan and lighting product spec sheets. e) Any other information the Commission may deem necessary, which may include traffic control, lighting, noise, hours of operation, parking, and access. The Commission may waive any and/or all of the above documentation requirements provided a written request is submitted by the applicant FINDINGS A zone change to create a Special Agriculture Zone shall not be approved by the Commission until the Commission finds that the proposed zone change: a) Meets the intent of the Town of Salem Zoning Regulations by allowing development that encourages maintaining/preserving the rural character of the town; b) Is in keeping with the Town of Salem Plan of Conservation and Development; c) Is consistent with the comprehensive plan of zoning for the town; and d) Will not adversely affect public health, welfare, safety, and property values Page 20 of 301

21 WATERFORD 3.41 AGRI-TOURISM (Effective Date 1/29/18) Purpose: The purpose of this regulation is to allow Agri-tourism uses in Waterford, while maintaining rural character, preserving farmland, and protecting the health, safety and welfare of the citizens. Agri-tourism presents a unique opportunity to combine aspects of tourism and agriculture to provide a number of financial, educational and social benefits to the community while allowing farmers to supplement their farming activities with activities and events directly related to the farm and farming. Activities are multiday seasonal uses which include, but are not limited to u-pick operations, hay rides, corn mazes, petting zoo, cut you own Christmas trees, farmer s markets, wine tasting, horseback riding, carriage rides, sleigh rides, ice cream facilities, and garden tours. Events are single day uses with a defined start and end time. Agritourism activities and events may be permitted only in the RU-120 Zone District At a minimum, agri-tourism activities shall be permitted in accordance with the provisions contained herein, subject to the issuance of a Special Permit in conformance with Section 23 of these Regulations General Provisions Applicable to Agri-tourism. a. The parcel(s) on which agri-tourism is proposed shall be contiguous and shall consist of no less than 20 acres, of which at least 51% of the gross area of the parcel(s) meets the definition of Farm in Section 1 of these regulations and is designated as farmland by the Waterford Town Assessor pursuant to CGS Chapter (c), as amended. b. Agri-tourism activities and events shall be limited to the areas as shown on an approved Site Plan, including outdoor and indoor areas of the farm property. c. All parking and areas associated with activities and events shall be no closer than 150 feet from all property lines. d. All activities and events shall occur between 8:00 a.m. and 10:00 p.m. e. Outdoor lighting shall not shed light beyond the boundaries of the subject property. f. No more than one (1) Agri-Tourism event shall take place simultaneously, no more than two events shall take place in any week running from Monday to Sunday, and no more than one event shall take place on any weekend running from Friday through Sunday. No more than 20 total Agri-tourism events may be permitted in a calendar year. The Commission may impose conditions to further limit the number and time of activities and events to mitigate adverse impacts to neighboring properties. g. The property owner shall reside on the property and be on the property during any Agritourism activity or event Page 21 of 301

22 h. All Agri-tourism activities and events shall comply with all local, state and federal regulations and statutes. Approval of plans by other State, Federal and Local regulatory agencies shall be obtained when applicable. i. Complete visual screening, as defined in Section 1 of these regulations, shall be provided during all times of operation. j. All amplified music or sound shall occur within structures and shall comply with all Town of Waterford noise ordinances. k. Exterior speakers or amplification of music or sound is prohibited. l. Overnight lodging is prohibited. m. Off-street parking shall comply with the following provisions of Section 20 of the Waterford Zoning Regulations: i. Section 20.2 ii. Section iii. Section 20.3(h) iv. Section 20.5 v, Section 20.6 n. A Zoning Compliance Permit shall be required for any activity or event to ensure compliance with the Special Permit. Applications for Zoning Compliance shall be made at least 30 days prior to the event Submission requirements: In addition to the requirements of Section 22 & 23, the Special Permit Application shall also include, at a minimum, the following information: a. A statement describing the availability of adequate public utilities or on-site water and septic capabilities. b. A sworn, notarized statement by the property owner acknowledging requirements to comply with all applicable public health, fire, and building codes. c. A copy of the deed for the subject parcel Page 22 of 301

23 STONINGTON 7.24 AGRICULTURAL HERITAGE DISTRICT [ADOPTED DECEMBER 26, 2016] General The Planning and Zoning Commission may establish site specific Agricultural Heritage Districts ( AHD ) for those properties encompassing and abutting farms which have been used continually for agricultural purposes for at least 25 years, by approving a Master Plan in conformance with Section The AHD is a floating zone governed by a Master Plan, prepared in accordance with Section of these Regulations. The Master Plan will be subject to review and approval by the Commission as a Zoning Map Amendment subject to a public hearing and all other applicable terms and conditions of these Regulations. It is recognized that the Master Plan may require certain fluidity in order to accommodate market changes during the complete development of any project. Notwithstanding the foregoing, any substantial and material change will be subject to the same procedural requirements for a Zoning Map Amendment as required by the original zone change application adopting the AHD. Once enacted, the AHD will supersede all pre-existing zoning, and any development on the zoned property will be subject to the specific AHD requirements set forth herein In that the approval of an AHD constitutes a Zoning Map Amendment, it calls for the Commission to act in its legislative capacity, and to exercise legislative discretion. By filing an application for an AHD, the applicant acknowledges and accepts the nature of such application, and the level of discretion which the Commission possesses in such applications Statement of Purpose. Agricultural Heritage Districts are intended to preserve Stonington s cultural landscape, ensure the continuation of agricultural industry by creating opportunities for locally produced food, protect historic agricultural character and scenic resources, maintain long-term viability and sustainability of farmland by permitting flexible economic use, and provide an alternative to the undesirable conversion of agricultural lands to residential subdivisions. Factors to be considered by the Commission in approving an AHD include: That the location, uses and layout of the proposed AHD are in conformance with the intent of, and the goals and objectives contained in, the Plan of Conservation and Development Preservation, to the maximum feasible extent, of cultural landscapes, including buildings and building elements possessing historic or architectural significance Integration of existing, enhanced and new agricultural uses with other compatible land uses designed to promote the economic viability and sustainability of -20- Page 23 of 301

24 the subject property. Since each farm is unique in terms of its location and characteristics, there shall be no mandatory area ratio of agricultural use versus other use; rather, the type and placement of each proposed use shall be indicated in the Master Plan Harmony between the various uses that are proposed for the property, compatibility with neighboring land uses and buffering between such uses, enhancement and protection of both agricultural lands and the built and human environment, enhancement and protection of natural resources including inland and tidal wetlands and watercourses, coastal resources, groundwater resources, floodplains, steep slopes and wildlife habitats, promotion of pedestrian safety, provision for adequate parking, and minimized impact of motor vehicles Furtherance of the policies of the Coastal Management Act, as applicable Establishment of District. The Commission shall establish an AHD by approving a Master Plan prepared in accordance with Sections and of these regulations which while not intended to be a substitute for detailed documentation associated with a Site Plan, does provide sufficient information to determine if the proposal is in conformance with Section and the Plan of Conservation and Development. Such adoption shall constitute a Zoning Map Amendment in accordance with Section 9.4 of these Regulations Numbering of Agricultural Heritage Districts. Each AHD shall be numbered and depicted sequentially on the official zoning map in accordance with the date of adoption as AHD-1, AHD-2 and so forth District Eligibility. The area proposed for an AHD shall be located in any existing residential zoning district and shall encompass a minimum of 35 acres of contiguous land in one or more parcels under common ownership or other arrangement satisfactory to the Commission. Included within this minimum acreage shall be a farm or a portion of a farm in continual operation for at least 25 years prior to application. Evidence of continual operation may be provided by historical documents, photographs, testimony or other means. In recognition of the historic relationship between agricultural lands and inland wetland areas, watercourses and water bodies, the proration provisions of Section 7.5 shall not apply to the calculation of the minimum acreage requirement Additions and Alterations. Any additions or alterations to the Master Plan must comply with the criteria established in Sections and 8.4.3, and any such change shall be made in a manner which will accomplish the purposes stated in Section hereof District Expiration. Approval of the zone change shall become null and void unless a site plan for the AHD is approved within 24 months of the date of Zoning Map -21- Page 24 of 301

25 Amendment approval. The Commission may grant one or more extensions of this period upon written request of the applicant, but in no event will the extensions exceed 24 additional months Master Plan. The purpose of the Master Plan submission is to determine whether the proposed uses and layout conform to Section and to the Plan of Conservation and Development. The Master Plan, once adopted, shall establish the bulk and dimensional characteristics of the AHD and its uses. All graphic elements of the Master Plan shall be professionally prepared in accordance with Section and of these regulations. In considering a Master Plan application, the Commission may grant a waiver for any of the specific Master Plan elements listed in Section 8.4.3, the Zoning Map Amendment Impact Statements listed in Section and the requirement for a Class A-2 Survey listed in Section Any waiver requests shall include substantiation that such requests are warranted Site Plan. After Master Plan approval and establishment of an AHD by the Commission, an application for a Site Plan must be submitted for approval, following provisions contained in Article VIII of these Regulations. The implementation of a Master Plan approval may be phased by the filing of multiple Site Plan applications. A public hearing shall be held for any site plan application filed under this section Specific Design Standards. The following design standards shall apply to all AHD Districts: Area and Bulk Requirements. All bulk and dimensional requirements shall be established by the Master Plan. The preservation of historic buildings and the integration of agricultural uses with other land uses requires substantial flexibility, and existing structures located within the AHD shall be deemed to be conforming in terms of any encroachments on front, side and rear yard setbacks, maximum height and floor area ratio. Existing buildings may be enlarged provided that such expansion is consistent with the structure s exterior architecture. Any new construction shall be at a size and scale that does not detract from the agricultural heritage and scenic character of the site and/or neighborhood and conforms to the factors in Section Architectural Design. All new construction and replacement buildings, where existing buildings are deemed inappropriate for re-use, shall be architecturally compatible with any remaining historic structures located on the property and the surrounding neighborhood, when and where feasible. Nothing in this section shall be construed to prohibit the construction of functional buildings for agriculture operations, such as sheds and prefabricated structures, or the inclusion of other architectural styles for other ancillary uses, including modern designs Signage. A sign plan evidencing a unified signage program for the AHD, including the general position, size, content and appearance of signs visible from any public right of way shall be included in the Master Plan application and shall be approved by the Commission. Signage shall be designed to be architecturally compatible -22- Page 25 of 301

26 with the development and surrounding neighborhood and result in minimal visual intrusion to adjacent residential areas Parking. On-site parking areas shall be adequate for the uses proposed. Specific parking standards shall be established as part of the Master Plan. Parking standards shall be based on a study of estimated parking demand to be prepared by a professional engineer concentrating in traffic and parking design. Such standards will be considered by the Commission and may be utilized in place of the minimum parking standards in Section Parking should be located onsite to the extent feasible, but not lead to excessive impervious coverage. Design of parking areas should maximize landscaping, and prevent large expanses of impervious area and excessive lighting and accommodate safe and efficient pedestrian and/or bicycle transportation. Alternative parking surfaces are encouraged where beneficial. Applicants proposing events per Section that are expected to generate significant amounts of traffic shall provide for a Parking Management Plan as part of the Master Plan submission. Such plan shall include an overview of arrangements for overflow parking, off-site parking, and/or personnel for events. The Parking Management Plan shall be referred to the Stonington Board of Police Commissioners for comment Noise analysis. The Commission may require that applicants proposing events featuring amplified music per Section submit a Noise Analysis prepared by a professional sound engineer as part of the Master Plan review. Such analysis shall specify areas affected and sound proofing or other mitigation that will be employed to eliminate excessive noise levels on adjacent properties which shall not exceed those established in Section Stormwater management. Stormwater management shall be designed to handle anticipated run-off without creating negative impacts on adjacent properties or natural resources. The use of low impact development stormwater management solutions is strongly encouraged. Other methods may be allowed provided the applicant can document that no other option is available Permitted Uses. Permitted uses shall be established by the Master Plan and implemented by site plan approval. The following list of uses is permitted in the AHD, but it is not exclusive. The Commission may approve other uses, provided said uses are not prohibited by Section and it is determined said uses are consistent the purposes of the AHD. In reviewing a Master Plan proposal, the Commission shall have the ability to limit the size and scope of proposed uses in accordance with the District s Statement of Purpose and Specific Design Standards..1 Cultivation of land, greenhouses, raising of livestock, animal boarding facilities, and grazing..2 Agricultural equipment storage, fueling, and repair facilities..3 Boutique inns and/or bed and breakfast facilities not to exceed twelve rooms Page 26 of 301

27 .4 Craft and artisan manufacturing, production and processing of food products, including flour, notwithstanding the prohibition of Section Wineries, micro-breweries, and craft distillery operations..6 Event facilities hosting weddings, farm dinners, corporate gatherings, performances and other public and/or private special events and celebrations as appropriate for the site and surrounding area. The Commission may require the submission of an Event Management Plan to review the frequency, size, nature and management of proposed events..7 Farm markets and roadside stands involving the retail sale of agricultural products produced on or off the premises..8 Museums, passive recreation, trails, and small-scale educational activities..9 Residential uses, not to exceed five (5) total dwelling units within any AHD..10 Restaurants and retail-restaurants only as an accessory to a principal use..11 Retail sales only as an accessory to a principal use..12 Off-street parking only as accessory to a principal use..13 Site access and circulation drives, and stormwater management structures Prohibited Uses. In addition to the prohibited uses listed in Section 2.12, the Commission has determined that the following uses are prohibited in the AHD..1 Gasoline filling stations not associated with agricultural operations..2 Motor vehicle, trailer coach and boat sales, leasing and renting..3 Auto repair maintenance and paint shops..4 Car washes..5 Water parks, theme parks and amusement parks..6 Retail sales not accessory to a principal use Buffers. The purpose of buffer areas is to provide privacy from noise, headlight glare and visual intrusion to residential dwellings in all locations where uses in the AHD abut a residential district exterior to the AHD. A buffer area shall be required between any area in the AHD which is used for other than agricultural or single family residential purposes which is abutting or directly across a street (other than a limited access highway) from any lot used for residential purposes in a residential district exterior to the AHD. Buffer requirements do not apply to internal property lines which are part of the AHD and do not border adjacent property. The Commission may allow the buffering to be located on adjacent property with the consent of the affected property owner; provided that the right to maintain such buffering and/or -24- Page 27 of 301

28 screening is memorialized by a permanent easement filed for record in the Stonington Land Records. Such buffer areas shall comply with the following minimum standards:.1 Buffers from adjacent residential uses including those directly across a street. The minimum width of the buffer area shall be 25 feet from the property line. In the event that the buffer area is not currently vegetated or in agricultural production, the Commission shall have the discretion to require the Applicant to install screening within the buffer area..2 Screening, if required, shall consist, at minimum, of plantings not less than six (6) feet in height planted at intervals of ten (10) feet on center and other evergreen and deciduous shade trees and shrubs as may be appropriate. As an alternative, an earthen berm, stabilized with appropriate groundcover and plantings, may be permitted by the Commission in order to adequately buffer adjoining residentially used property. Any existing historic stone walls shall be preserved to maximum extent possible and stone walls removed for site access shall be relocated elsewhere on the site..3 The following accessory uses shall be allowed within buffer areas provided that they are adequately screened from abutting residential properties: access roads to the minimum extent to access the site, walking paths, utilities, mailboxes and approved signs Preservation of Agricultural Lands. The Commission recognizes that ensuring the economic viability and sustainability of agricultural land requires substantial flexibility in the use and restrictions placed upon such properties. While the Commission encourages the preservation of agricultural lands in perpetuity via fee simple conveyance, deed restriction, conservation easement or other similar means, the Commission shall not require the dedication of any agricultural land as a requirement of or exaction related to any Master Plan approval Page 28 of 301

29 1. In 2.2 (Definitions) add the following: AGRICULTURAL BREWERY: An accessory use of a farm where less than 15,000 barrels of beer or hard cider is produced annually and sold from ingredients primarily grown on the farm. AGRICULTURAL SPECIAL EVENTS: Indoor and/or outdoor uses, with or without alcohol and with or without amplified or live music, of a farm that is conducive to wine tastings, weddings, catered events, meetings, conferences, parties, workshops, 4-H activities, FFA (or equivalent) activities, training classes, canning, and wool dying. AGRICULTURAL TOURISM: An accessory use consisting of opening a working farm to the public for the purpose of enjoyment, education, and/or active involvement in the activities of the farm. Such uses include but are not limited to bird watching, hiking, snowshoeing, cross country skiing, fishing, and other passive recreational activities. Allowed accessory uses also include hayrides, corn mazes, festivals, pick-your-own activities, recreational equine activities, competitive equine activities, and on-farm processing and sale of farm grown produce. Such uses do not include shooting, hunting, archery, camping, competitive sports, zip lines, or the use of all terrain vehicles (ATV's). AGRICULTURAL WINERY: An accessory use of a farm where wine is produced and sold from grapes grown on the farm. There is no annual limit on the amount of wine that can be produced and sold. BREWERY (COMMERCIAL): A facility in an Industrial District (I) that is a principal use of a parcel and annually produces more than 15,000 barrels of beer. 2. In 3.5 (The Use Table) - Insert a line entry for the following new accessory use: Accessory Uses of Farms (Breweries, Wineries, Special Events, Tourism) (S) in all districts 3. Renumber to be (Supplemental Regulations) 4. Insert the following as a new 8.3 into Section 8.0 Supplemental Regulations 8.3 Accessory Uses of Farms (Breweries, Wineries, Special Events, Tourism) A. Purpose: To preserve and promote the economic viability of farms, farming, and agriculture in Ledyard. B. Approach: To encourage and regulate, by special permit, (a) agricultural breweries, (b) agricultural special events, (c) agricultural tourism, and (d) Page 29 of 301

30 agricultural wineries as accessory uses of a farm in a manner that will not constitute a risk to public health, safety, convenience, or property values. C. Site plan requirements for accessory uses of a farm (breweries, wineries, special events, tourism) shall show: (1) Expected maximum parking needs and corresponding parking spaces. Parking areas may be permeable or paved, and striped or not striped. (2) Compliance with statutory requirements for handicap parking and handicap signage. (3) How buses, motorhomes, vehicles towing a travel trailer, and other large vehicles will safely enter, park, and exit the property, or alternatively, the proposed sign(s) (size, height, type, location, content, illumination) and/or other methods intended to prohibit the entry of such vehicles. (4) On-street parking is not required and not allowed. (5) Sanitary facilities and the maximum number of expected daily visitors they will serve. Sanitary facilities may include porta-poties. (6) Proposed on-site signage (if any). (7) Proposed off-site directional signage (if any). (8) Waste management provisions and how they are adequate for the expected number of visitors and guests. A dumpster, if provided, shall be shown on the site plan. (9) Facilities for public observation of quinine activities, as appropriate. (10) Months, days, and hours of operation. (11) Exterior lighting for walkways and parking areas, if any. The application shall show how the lighting will avoid unnecessary sky glow. (12) Drainage, if any, of parking areas. (13) Permanent outdoor stages, pavilions, and seating (if applicable). Page 30 of 301

31 D. Additional Requirements for accessory uses of a farm: (1) There must be an owner or full-time caretaker/manager occupying a dwelling as a primary residence on or adjacent to the farm. (2) A brewery or winery may include sheds, barns, a test kitchen, tasting room, and/or a retail farm store selling local produce, value-added products, and sealed bottles or other sealed containers of beer or wine produced on site for consumption on or off the premises. (3) Wine tastings, weddings, catered events, meetings, conferences, parties, and workshops, shall end not later than 11:00 PM. (4) Music and amplified sounds for events shall not exceed 40 DBA at the property lines, shall be limited to three (3) days per week, and shall not be allowed after 11 PM. (5) The application will address the subject of odors produced by the brewery, winery, or equine activities that may drift off site. (6) Recreational marijuana shall not be allowed. (7) Alcohol is allowed for wine tastings, weddings, catered events, meetings, conferences, and parties. Page 31 of 301

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46 PROPOSED ZONING REGULATIONS REGARDING AGRICULTURE AND AGRIBUSINESSES/AGRITOURISM BOLD: NEW STRIKETHROUGH = DELETE 1. A. DELETE THE FOLLOWING DEFINITIONS IN SECTION 2.2 (Definitions): FARM: A parcel of three (3) or more acres that may include principal and accessory buildings, used for agriculture and as an accessory use to the agricultural operations, the seasonal sale of agricultural or horticultural products produced on the parcel and on other local farms. A tract may consist of one or more lots under common ownership. FARMING or AGRICULTURE: The words agriculture and farming shall include cultivation of the soil, dairying, forestry, raising or harvesting any agricultural or horticultural commodity, including the raising, shearing, feeding, caring for, training and management of livestock, including horses, bees, poultry, fur-bearing animals and wildlife, and the raising or harvesting of oysters, clams, mussels, other molluscan shellfish or fish; the operation, management, conservation, improvement or maintenance of a farm and its buildings, tools and equipment, or salvaging timber or cleared land of brush or other debris left by a storm, as an incident to such farming operations; the production or harvesting of maple syrup or maple sugar, or any agricultural commodity, including lumber, as an incident to ordinary farming operations or the harvesting of mushrooms, the hatching of poultry, or the construction, operation or maintenance of ditches, canals, reservoirs or waterways used exclusively for farming purposes; handling, planting, drying, packing, packaging, processing, freezing, grading, storing or delivering to storage or to market, or to a carrier for transportation to market, or for direct sale any agricultural or horticultural commodity as an incident to ordinary farming operations, or, in the case of fruits and vegetables, as an incident to the preparation of such fruits or vegetables for market or for direct sale. The term farm includes farm buildings, and accessory buildings thereto, nurseries, orchards, ranges, greenhouses, hoop houses and other temporary structures or other structures used primarily for the raising and, as an incident to ordinary farming operations, the sale of agricultural or horticultural commodities. The term aquaculture means the farming of the waters of the state and tidal wetlands and the production of protein food, including fish, oysters, clams, mussels and other molluscan shellfish, on leased, franchised and public underwater farmlands.(cgs1-1q) M:\PLANNING DEPARTMENT\AGRICULTURE\Agricultural Regs Draft docx Page 46 of 301

47 B. DELETE THE FOLLOWING DEFINITIONS IN SECTION 8.15 (NOTE: PROPOSED TO BE ADDED TO NEW SECTION 8.27): 8.15 Home Husbandry A. Purpose. To permit the keeping of certain types of livestock and/or poultry for personal and/or educational non-commercial private home use where site-specific characteristics of a proposed area are compatible with such a use. B. Applicants for a Home Husbandry special permit shall provide a copy of the application, sent by Certificate of Mailing mail, to abutting property owners, including a notice of the day, time, and location of the public hearing, at least 35 days prior to the scheduled hearing. The applicant, prior to or at the public hearing, shall provide a copy of the Certificates of Mailing (Proof of Mailing) to the Zoning Official. C. Home Husbandry shall be permitted as an Accessory Use in Residential Districts that are not farms provided following regulations are met: (1) A special permit is not required for the keeping of the following, which only require a zoning permit issued by the zoning official. (a) (b) 6 or fewer rabbits/10000 sq. ft. of lot size 8 or fewer poultry with no roosters (2) Additional special permit requirements: (a) (b) (c) No person shall keep or maintain livestock and/or poultry in Residential Districts that are not Farms without first obtaining a special permit from the Commission after a public hearing. Farms and farming are exempt from these Home Husbandry regulations. Application for the special permit shall be made in writing by the owner of the land on which the livestock and/or poultry are to be kept and upon forms furnished by the Zoning Official. The Commission shall inspect (or have inspected) the premises before issuing a special permit to ensure that the land is capable of livestock and/or poultry keeping in accordance with the requirements of this Section. The Commission may consult with any agency as it deems appropriate for assistance in application review and property inspection. (3) Livestock and/or poultry kept for personal use shall be owned by residents or owners of the premises on which they are kept. D. Standards for Livestock and/or Poultry Keeping: (1) Confinement: (a) An appropriate shelter shall be provided for the keeping of livestock and/or poultry. (b) An appropriate fly and rodent proof container or structure for manure and bedding waste storage shall be provided and maintained to prevent run-off to adjacent lots or to watercourses. M:\PLANNING DEPARTMENT\AGRICULTURE\Agricultural Regs Draft docx Page 47 of 301

48 (2) Setback: (3) Health: (a) Setback distances between any shelter housing livestock and/or poultry shall be a minimum of: seventy-five (75) feet from any well located on applicant property and abutting properties, seventy-five (75) feet from any street line, or behind rear Building Line if applicable, forty (40) feet from any property line, and, one hundred (100) feet from any house upon property other than the applicant s. Setback distances for yard area shall be a minimum of twenty (20) feet from property lines. (b) The Commission may require greater setback distances if it deems it is necessary to help insure public welfare. (a) The living quarters of the livestock and/or poultry and the handling and disposal of solid and liquid wastes shall not create a public health hazard or have an adverse effect on the environmental quality of the surrounding area. (b) No condition shall be created that will adversely affect the performance of sewage disposal systems or water supplies located on the property or adjacent properties. (c) No persistent, offensive odors shall be detected off the premises. (4) Keeping Area. In addition to minimum lot size, the Commission shall use the following keeping area requirements as a guide in reviewing applications. Final determination of keeping area size will be made by the Commission to ensure that the activity will not create a public nuisance or health hazard. (a) Beef and Dairy Cattle: (i) (ii) (iii) (b) Goats and Sheep: Minimum shelter space of ten (10) feet by twelve (12) feet per animal. Minimum yard space of five thousand (5,000) square feet per animal for exercise area. If no pasture, one (1) acre per animal. (i) Minimum shelter space of twenty (20) square feet per animal. (ii) Minimum yard space of two hundred fifty (250) square feet of feed lot or exercise area per head. (iii) If pastured, five (5) head per acre. (c) Horses (full size): (i) Minimum shelter space: ten (10) feet by ten (10) feet box stall per animal. (ii) One (1) full size horse per acre with supplemental hay and feed. (d) Horses (miniature): (i) Mini-barn or mini-shelter as appropriate. M:\PLANNING DEPARTMENT\AGRICULTURE\Agricultural Regs Draft docx Page 48 of 301

49 (e) Rabbits: (f) Swine: (ii) Three (3) miniature horses per acre with supplemental hay and feed. (i) Minimum shelter space of one (1) square foot per pound of rabbit. (ii) A thirty-six (36) by thirty-six (36) inch cage with eighteen (18) inches of headroom for, on average, a nine (9) pound rabbit. (i) Minimum shelter space of twenty (20) square feet per pig consisting of a roof and solid man-made floor (not earth). (ii) Minimum yard space of one hundred (100) square feet per pig. (iii) No keeping area permitted in wetland or alluvial soils. (g) Poultry Minimums a. From 20,000 square feet to 40,000 square feet, a limit of four (4) poultry animals. b. Greater than 40,000 square feet a limit of eight (8) poultry animals per acre. c. Poultry shall be penned and not allowed to run at large off the owner s property (free-range). (1) Laying Hens: (2) Ducks: (3) Geese: (4) Turkeys: (i) Floor area of three and one half (3.5) square feet per bird. (ii) Roosters are not allowed on a home husbandry permit. (i) Floor area = four (4) square feet per bird. (ii) Yard space = forty (40) square feet per bird. (i) Floor area = six (6) square feet per bird. (ii) Yard space = eighty (80) square feet per bird. (i) Floor area of five (5) square feet per bird. (ii) Yard space of four hundred (400) to five hundred (500) square feet per bird. (5) Keeping areas for any animal will be evaluated for compliance with best animal management practices to ensure that animals are kept in a manner that will not constitute a public nuisance. (6) All shelter areas shall be located on moderately well drained and/or well-drained soils. E. Maximum Limits: The maximum number of animals permitted is five (5) in the Livestock category and twenty-five (25) in Poultry category M:\PLANNING DEPARTMENT\AGRICULTURE\Agricultural Regs Draft docx Page 49 of 301

50 F. Conditions of Approval. The Commission shall approve or disapprove a Home Husbandry Special Permit based upon its review of the application for conformity with the standards of this Section, consultant comments, property location, soils of area, proximity to neighbors, amount, method and location of manure storage, feed storage, number of animals, and type of animals. G. Periodic certification. Because -- (1) The nature and intensity of some types of home husbandry is likely to change over time. (2) There are inherent difficulties of determining continued conformance with the home husbandry regulations. (3) It is important to determine if the home husbandry has evolved such that it is endangering public safety, health, convenience, or neighboring property values; and (4) It is necessary to know if the home husbandry is inactive or has been abandoned, A holder of a home husbandry special permit shall certify to the Zoning Official that the home husbandry use is continuing and in compliance with these regulations every two years. M:\PLANNING DEPARTMENT\AGRICULTURE\Agricultural Regs Draft docx Page 50 of 301

51 2. ADD THE FOLLOWING DEFINITIONS TO SECTION 2.2 (Definitions): AGRICULTURE-RELATED TERMS: AGRICULTURE: Except as otherwise specifically limited in these Regulations, the words agriculture and farming shall include cultivation of the soil, dairying, forestry, raising or harvesting any agricultural or horticultural commodity, including the raising, shearing, feeding, caring for, training and management of livestock, including horses, bees, poultry, fur-bearing animals and wildlife, and the raising or harvesting of oysters, clams, mussels, other molluscan shellfish or fish; the operation, management, conservation, improvement or maintenance of a farm and its buildings, tools and equipment, or salvaging timber or cleared land of brush or other debris left by a storm, as an incident to such farming operations; the production or harvesting of maple syrup or maple sugar, or any agricultural commodity, including lumber, as an incident to ordinary farming operations or the harvesting of mushrooms, the hatching of poultry, or the construction, operation or maintenance of ditches, canals, reservoirs or waterways used exclusively for farming purposes; handling, planting, drying, packing, packaging, processing, freezing, grading, storing or delivering to storage or to market, or to a carrier for transportation to market, or for direct sale any agricultural or horticultural commodity as an incident to ordinary farming operations, or, in the case of fruits and vegetables, as an incident to the preparation of such fruits or vegetables for market or for direct sale. For the purposes of these regulations the term agricultural also includes the use of horses for riding, pulling, training, lessons, showing, and other similar uses, but only when such uses are incidental to the raising and/or boarding of horses on the same lot. AGRICULTURAL BUILDINGS AND STRUCTURES: Buildings or other structures used in connection with agriculture, including shelter for livestock and storage for farm machinery, equipment and supplies. AGRICULTURAL BUILDING, SPECIALIZED: A building used for (a) processing or packaging of farm products or by-products produced on the premises; (b) shelter for more than one hundred (100) cattle or pigs, 50 horses, or 20,000 fowl; or (c) workplaces for more than five (5) non-family employees. AGRICULTURAL COMMODITY: Same meaning as Farm products. AQUACULTURE: The term aquaculture means the farming of any waters and/or wetlands and the production of plant or protein food, including fish, oysters, clams, mussels and other molluscan shellfish. Aquaculture includes, without limitation, outdoor and/or indoor hatcheries, aquaponics, and hydroponics. M:\PLANNING DEPARTMENT\AGRICULTURE\Agricultural Regs Draft docx Page 51 of 301

52 FARM: A tract of land used, principally, for agriculture, with or without an associated single-family dwelling. In zoning districts in which a farm is allowed, both the agricultural activities and any single-family dwelling that may exist shall be deemed to be permitted, joint principal uses. FARM, ACCESSORY DWELLING UNIT: DEFINE. FARM, COMMERCIAL: A farm producing farm products for sale by wholesale, or for sale at locations (not including Farmers Markets) other than the farm property on which they were produced. A minimum of five (5) acres is required for a commercial farm. ADD IRS FORM NO. HERE. FARM, HOME: A farm producing farm products, principally for the use, consumption or education of the residents of the property. A minimum of three (3) acres is required for a Home Farm. Roosters are not permitted on Home Farms. ADD IRS FORM NO. HERE. FARM POND: A pond used as an accessory to an agricultural use. FARM PRODUCTS: Any products of agriculture, including fruits; vegetables; mushrooms; nuts; shell eggs; honey or other bee products; maple syrup or maple sugar; flowers; nursery stock; Christmas trees; other horticultural commodities; livestock food products, including meat, milk, cheese and other dairy products; food products of aquaculture, as defined above, including, but not limited to, all plant food, fish, oysters, clams, mussels and other molluscan shellfish; products from any tree, vine or plant and their flowers; or any such products that have been processed by a farmer, including, but not limited to, baked goods made with farm products. FARMERS MARKET: A for-profit or nonprofit cooperative, enterprise, or association that regularly occupies a given location, and that operates principally as a common marketplace for a group of farmers, at least two of whom are selling Connecticut-grown fresh produce, to sell Connecticut-grown farm products directly to consumers. FARM STAND, SEASONAL: A building or other structure from which agricultural products, primarily produced on the owner s premises in Ledyard are sold, in accordance with Section FARM STORE: Retail sales of farm products, the majority of which are produced in Ledyard. HOME HUSBANDRY: The non-commercial cultivation and production of edible crops or certain permitted livestock and/or poultry as an accessory use of the home and for the benefit of its residents, in accordance with Section M:\PLANNING DEPARTMENT\AGRICULTURE\Agricultural Regs Draft docx Page 52 of 301

53 ADD NEW SECTION 8.27 (AGRICULTURE) AS FOLLOWS: 8.27 AGRICULTURE Preserving the Town s existing farms and encouraging new farming activities are strong goals of the Town. Ledyard s farms are central to the community s rural image and overall value by providing many obvious benefits such as providing tax revenue with little demand on Town services; providing wildlife habitats and tracts of open space, essential to maintaining the high quality of life enjoyed by Town residents; and by providing local produce, meat and dairy products year round. The purpose of these regulations is to clearly define agriculture and to promote the economic and operational viability of existing agricultural operations while facilitating and promoting new operations. Agriculture is permitted in the FILL IN Zoning Districts as a principal use or in addition to any existing permitted principal use Definitions. See Section 2.2 of these Regulations for definitions relating to agriculture and farming. All such agriculture-related terms are considered agricultural uses and may require permits Application Requirements. The following activities/uses require a Zoning Permit and/or Commission review: a. The establishment of a new agricultural principal use as defined in 2.2. b. The expansion or modification of an existing farm/agricultural operation. c. Special Agricultural Buildings (see 827.6). d. The excavation of farm ponds (see 12.4 CHECK TO SEE IF THIS NEEDS TO BE ADDED TO SECTION). e. the construction of any new structures on a property. f. accessory uses and activities specifically identified in (A E); and g. any other use/activity specifically identified as requiring a permit Accessory uses (Ag-tivities, tourism, retail). The following activities are considered to be accessory to an established agriculture operation. For accessory uses and activities that may currently or in the future involve outdoor events, retail sales, and/ or potential trafficgenerating activities, a Zoning Permit and/or Commission review is required. A. Agricultural Tourism. The opening to the public of a working farm or any agricultural, horticultural or agribusiness operation for the purpose of enjoyment, education, or active involvement in the activities of the farm or operation. A site plan review by the Commission shall be required when agricultural tourism is to be conducted on any parcel six or more times in any calendar year, or when any agricultural tourism event may reasonably be expected to require parking on any single day for ten or more motor vehicles used by agricultural tourists. Otherwise, agricultural tourism requires only a zoning permit M:\PLANNING DEPARTMENT\AGRICULTURE\Agricultural Regs Draft docx Page 53 of 301

54 B. Ag-tivities. Events of limited duration on a farm that are incidental to agricultural uses, including, but not limited to, hayrides, corn mazes, festivals and other similar activities; onfarm sales such as farm stands and pick-your-own operations, retailing farm and farmrelated products (farm store); recreational and/or competitive equine enterprises, and onfarm processing operations provided they comply with all applicable state and municipal health codes. A site plan review by the Commission shall be required when Ag-tivities are to be conducted on any parcel six or more times in any calendar year, or when any Agtivities may reasonably be expected to require parking on any single day for ten or more motor vehicles used by visitors to the farm. Otherwise, Ag-tivities require only a zoning permit. C. Non-agriculturally Related Uses. 1. Activities that are part of an agricultural operation s overall offerings, but are not incidental to agriculture, or tied to agricultural buildings, structures, equipment, and/or fields. Such uses may include, but are not limited to, fee-based outdoor recreation such as bird watching, snow-shoeing, and other passive recreational activities. A site plan review by the Commission shall be required when such uses may reasonably be expected to require parking for ten or more motor vehicles used by visitors to the farm. Otherwise, such uses require only a zoning permit. 2. Small Event Barns for uses such as, but not limited to, retreats, weddings, workshops, classes (i.e. yoga, canning, wool dying etc.) are permitted by site plan review by the Commission, but no outdoor events or amplified music are permitted and adequate parking must be available on site to accommodate all expected motor vehicles. 3. Event Barns to be used for large-scale events, or any events in which the use of amplified music is planned or anticipated, require a Special Permit. In order to satisfy the conditions of a Special Permit with respect to noise, the Commission may limit the number of events per year and/or prohibit the use of amplified music outdoors. The Commission may impose additional restrictions on the use if it determines, after a hearing for which the owner of the farm is given written notice that the noise levels are causing a nuisance to nearby properties. D. Farm-Brewery. A Farm Brewery shall be considered to be accessory to an established agricultural operation if the farmer makes and sells beer (including hard cider) from ingredients primarily grown on the farm. A Farm Brewery is permitted wherever agriculture is permitted [Note: A Brew Pub would fall under Hospitality Uses, permitted in nonresidential Zones per 602 Change to accommodate Ledyard Regs]. In addition to the requirements of Site Plan approval, the following additional regulations shall apply. 1. The brewery shall be considered a Pilot or Nano brewery if it has production capabilities of no more than 15,000 barrels a year. However, in the I Zoning District, the M:\PLANNING DEPARTMENT\AGRICULTURE\Agricultural Regs Draft docx Page 54 of 301

55 manufacturing of greater quantities of beer and full-scale distribution operations may also be permitted as part of Site Plan approval. 2. The brewery must be clearly subordinate to a primary residence that is owner-occupied (or that houses a full-time caretaker/manager) 3. Accessory uses to the Farm Brewery may include a test kitchen, tasting room, retail farm store selling local produce, value-added products, and sealed bottles or other sealed containers of beer produced on site for consumption off the premises. Accessory structures such as sheds and barns incidental to the brewery are also permitted. 4. Hours of operation for the tasting room and retail store shall be 12:00 p.m. to 8:00 p.m. (year-round, 7 days a week). E. Seasonal Roadside Stand and Farm Stores 1. Roadside stands are permitted in all districts in accordance with Section 8.14 of these Regulations and require a zoning permit. 2. Farm Stores of any size require site plan approval by the Commission. F. Farm Accessory Dwelling Units. Farm Accessory Dwelling Units shall be used exclusively by a full-time caretaker or manager of the Farm and require a Special Permit approval by the Commission. EXPAND. G. General Requirements 1. Parking. Parking for all permitted agricultural accessory uses shall, to the maximum extent possible, be located in areas on the site where they will be the least visible from access roads and adjoining properties, but must allow for adequate sightlines for drivers traveling on the adjacent road and entering and exiting such spaces for such road. Setback requirements apply to all parking areas. Due consideration shall be given to the posted speed limit and other pertinent factors. The ZEO and/or Commission may require additional buffering to meet the intent of the parking and landscaping regulations. 2. Location and Noise. The location of outdoor events and activities associated with Agritourism and/or Ag-tivities on the farm shall take into consideration the current use of surrounding properties. The Commission and/or ZEO may require a specific separating distance and/or an appropriate buffer strip that screens any such activity from adjacent properties. The Commission may impose additional restrictions on the use if it determines, after a hearing for which the owner of the farm is given written notice that the noise levels are causing a nuisance to nearby properties. M:\PLANNING DEPARTMENT\AGRICULTURE\Agricultural Regs Draft docx Page 55 of 301

56 H. Home Husbandry. (Note: This Section to be revised) A. Purpose. To permit the keeping of certain types of livestock and/or poultry for personal and/or educational non-commercial private home use where site-specific characteristics of a proposed area are compatible with such a use. B. Applicants for a Home Husbandry special permit shall provide a copy of the application, sent by Certificate of Mailing mail, to abutting property owners, including a notice of the day, time, and location of the public hearing, at least 35 days prior to the scheduled hearing. The applicant, prior to or at the public hearing, shall provide a copy of the Certificates of Mailing (Proof of Mailing) to the Zoning Official. C. Home Husbandry shall be permitted as an Accessory Use in Residential Districts that are not farms provided following regulations are met: (1) A special permit is not required for the keeping of the following, which only require a zoning permit issued by the zoning official. (a) (b) 6 or fewer rabbits/10000 sq. ft. of lot size 8 or fewer poultry with no roosters (2) Additional special permit requirements: (a) No person shall keep or maintain livestock and/or poultry in Residential Districts that are not Farms without first obtaining a special permit from the Commission after a public hearing. Farms and farming are exempt from these Home Husbandry regulations. (b) Application for the special permit shall be made in writing by the owner of the land on which the livestock and/or poultry are to be kept and upon forms furnished by the Zoning Official. (c) The Commission shall inspect (or have inspected) the premises before issuing a special permit to ensure that the land is capable of livestock and/or poultry keeping in accordance with the requirements of this Section. The Commission may consult with any agency as it deems appropriate for assistance in application review and property inspection. (3) Livestock and/or poultry kept for personal use shall be owned by residents or owners of the premises on which they are kept. D. Standards for Livestock and/or Poultry Keeping: (1) Confinement: (a) An appropriate shelter shall be provided for the keeping of livestock and/or poultry. (b) An appropriate fly and rodent proof container or structure for manure and bedding waste storage shall be provided and maintained to prevent run-off to adjacent lots or to watercourses. M:\PLANNING DEPARTMENT\AGRICULTURE\Agricultural Regs Draft docx Page 56 of 301

57 (2) Setback: (a) Setback distances between any shelter housing livestock and/or poultry shall be a minimum of: seventy-five (75) feet from any well located on applicant property and abutting properties, seventy-five (75) feet from any street line, or behind rear Building Line if applicable, forty (40) feet from any property line, and, one hundred (100) feet from any house upon property other than the applicant s. Setback distances for yard area shall be a minimum of twenty (20) feet from property lines. (b) The Commission may require greater setback distances if it deems it is necessary to help insure public welfare. (3) Health: (a) The living quarters of the livestock and/or poultry and the handling and disposal of solid and liquid wastes shall not create a public health hazard or have an adverse effect on the environmental quality of the surrounding area. (b) No condition shall be created that will adversely affect the performance of sewage disposal systems or water supplies located on the property or adjacent properties. (c) No persistent, offensive odors shall be detected off the premises. (4) Keeping Area. In addition to minimum lot size, the Commission shall use the following keeping area requirements as a guide in reviewing applications. Final determination of keeping area size will be made by the Commission to ensure that the activity will not create a public nuisance or health hazard. (a) (i) (ii) area. (iii) (b) (i) Beef and Dairy Cattle: Minimum shelter space of ten (10) feet by twelve (12) feet per animal. Minimum yard space of five thousand (5,000) square feet per animal for exercise If no pasture, one (1) acre per animal. Goats and Sheep: Minimum shelter space of twenty (20) square feet per animal. (ii) Minimum yard space of two hundred fifty (250) square feet of feed lot or exercise area per head. (iii) (c) (i) (ii) If pastured, five (5) head per acre. Horses (full size): Minimum shelter space: ten (10) feet by ten (10) feet box stall per animal. One (1) full size horse per acre with supplemental hay and feed. M:\PLANNING DEPARTMENT\AGRICULTURE\Agricultural Regs Draft docx Page 57 of 301

58 (d) (i) (ii) (e) (i) Horses (miniature): Mini-barn or mini-shelter as appropriate. Three (3) miniature horses per acre with supplemental hay and feed. Rabbits: Minimum shelter space of one (1) square foot per pound of rabbit. (ii) A thirty-six (36) by thirty-six (36) inch cage with eighteen (18) inches of headroom for, on average, a nine (9) pound rabbit. (f) Swine: (i) Minimum shelter space of twenty (20) square feet per pig consisting of a roof and solid man-made floor (not earth). (ii) (iii) (g) Minimum yard space of one hundred (100) square feet per pig. No keeping area permitted in wetland or alluvial soils. Poultry Minimums From 20,000 square feet to 40,000 square feet, a limit of four (4) poultry animals. Greater than 40,000 square feet a limit of eight (8) poultry animals per acre. Poultry shall be penned and not allowed to run at large off the owner s property (freerange). Laying Hens: Floor area of three and one half (3.5) square feet per bird. Roosters are not allowed on a home husbandry permit. Ducks: Floor area = four (4) square feet per bird. Yard space = forty (40) square feet per bird. Geese: Floor area = six (6) square feet per bird. Yard space = eighty (80) square feet per bird. Turkeys: Floor area of five (5) square feet per bird. Yard space of four hundred (400) to five hundred (500) square feet per bird. M:\PLANNING DEPARTMENT\AGRICULTURE\Agricultural Regs Draft docx Page 58 of 301

59 (5) Keeping areas for any animal will be evaluated for compliance with best animal management practices to ensure that animals are kept in a manner that will not constitute a public nuisance. (6) All shelter areas shall be located on moderately well drained and/or well-drained soils. E. Maximum Limits: The maximum number of animals permitted is five (5) in the Livestock category and twenty-five (25) in Poultry category F. Conditions of Approval. The Commission shall approve or disapprove a Home Husbandry Special Permit based upon its review of the application for conformity with the standards of this Section, consultant comments, property location, soils of area, proximity to neighbors, amount, method and location of manure storage, feed storage, number of animals, and type of animals. G. Periodic certification. (1) The nature and intensity of some types of home husbandry is likely to change over time. (2) There are inherent difficulties of determining continued conformance with the home husbandry regulations. (3) It is important to determine if the home husbandry has evolved such that it is endangering public safety, health, convenience, or neighboring property values; and (4) It is necessary to know if the home husbandry is inactive or has been abandoned, A holder of a home husbandry special permit shall certify to the Zoning Official that the home husbandry use is continuing and in compliance with these regulations every two years Signage. In addition to the signs allowed pursuant to 9.0 of these Regulations, a farm may have: A. Agricultural Sign. One permanent free-standing or attached sign with an area no larger than 16 square feet per side, limited to two sides (no size limit applies to signs painted on a barn). Agricultural signs must comply with all other applicable standards specified in 9.0. B. Seasonal Agricultural Sign. One temporary free-standing or attached sign associated with a farm stand, seasonal farm stand, or agriculturally related use. Such signs shall not have an area larger than 16 square feet per side, with a maximum of two sides. One seasonal agricultural sign per farm stand, seasonal farm stand, and/or agriculturally related use is allowed. One additional seasonal agricultural sign per every 300 feet of frontage on a public right-of-way on a farm parcel is also allowed. At no time, however, M:\PLANNING DEPARTMENT\AGRICULTURE\Agricultural Regs Draft docx Page 59 of 301

60 shall any farm have more than six seasonal agricultural signs. Seasonal agricultural signs shall meet all other applicable standards specified in Specialized Agricultural Building. A. In deciding on any application for a Special Permit for a specialized agricultural building, the Commission shall seek to minimize the impact of any such use on nearby established residential, commercial, and institutional uses by requiring appropriate separation distances, buffers, and access route locations. B. No such building or any associated waste storage or treatment area shall be located closer than 225 feet from a front property line or closer than 300 feet from any other property line or from a watercourse, except that the distance to a property line may be reduced to 100 feet when the adjoining property is permanently preserved open space??. Think about this. M:\PLANNING DEPARTMENT\AGRICULTURE\Agricultural Regs Draft docx Page 60 of 301

61 2019 edition A publication of Connecticut Resource Conservation & Development Area Guidance for Connecticut Municipalities Zoning Regulations for Livestock: Best Practices Page 61 of 301

62 Acknowledgements This guide was produced by the Connecticut Resource Conservation and Development Area, Inc. (CTRC&D) in cooperation with the Connecticut Farm Bureau Association and the Connecticut Department of Agriculture. The CTRC&D would like to thank the following Advisory Committee members for their expertise, support and assistance: Ann-Marie Aubrey, Director of Planning and Development, Killingly Eric Barz, AICP, Windsor Town Planner Bonnie Burr, University of Connecticut Extension Mark Creighton, Connecticut Agricultural Experiment Station Susan Brett Davis, Cow/calf herd manager, Lebanon Jeanne Davies, AICP - Executive Director, CT Resource Conservation and Development Jeremy DeCarli, Planning and Zoning Official, East Hampton Doug Dubitsky, Esq., Connecticut General Assembly Chelsea Gazillo, Working Lands Alliance: A Project of American Farmland Trust John Guszkowski, AICP, CME Associates, Inc. Janice Ehlemeyer, Lower Connecticut River Valley Council of Governments Amanda Fargo Johnson, CT Resource Conservation and Development Wayne Kasacek, Connecticut Department of Agriculture Kip Kolesinskas, Consulting Conservation Scientist Joyce Meader, University of Connecticut Extension Dwight Merriam, FAICP, Attorney at Law, Simsbury Jenifer Nadeau, University of Connecticut Extension Joan Nichols, Connecticut Farm Bureau Association Joyce Purcell, USDA Natural Resources Conservation Service Richard Roberts, Halloran & Sage, LLP Dr. Bruce Sherman, Connecticut Department of Agriculture Joe Wettemann, Connecticut Department of Energy and Environmental Protection Members of the Lower Connecticut River Valley Regional Agricultural Council This publication is funded in part by matching funds from the Connecticut Department of Agriculture through the Community Investment Act PA Page 62 of 301

63 Foreword This guide was originally produced in June 2012 by Eastern Connecticut Resource Conservation and Development Area, Inc. in collaboration with American Farmland Trust, Connecticut Department of Agriculture, Connecticut Department of Energy and Environmental Protection, Connecticut Farm Bureau Association and University of Connecticut Cooperative Extension System with financial support from USDA Natural Resources Conservation Service. Prior to 2012, Connecticut municipalities had little guidance on how to locally regulate and zone for livestock raised for either production agriculture or personal use. This updated publication is intended to provide guidance to municipalities drafting land-use regulations related to livestock. Connecticut Resource Conservation and Development Area, Inc. is grateful for the expertise and guidance the Advisory Committee contributed to this publication and trusts this will be a valuable and widely used resource. ZONING REGULATIONS FOR LIVESTOCK: BEST PRACTICES 3 Page 63 of 301

64 Contents Section 1: Livestock Farming in Connecticut Municipalities... 5 Section 2: Planning and Zoning for Agriculture... 7 Municipal Restrictions on Livestock Farming... 7 Farmer and Community Engagement in the Regulatory Process... 8 Section 3: Section 4: State Guidance on Livestock Farming...10 Definition of Agriculture, Farming and Farm...10 Definition of Livestock and Poultry...11 Right to Farm Powers of the Commissioner of Agriculture and generally accepted agricultural practices Advisory Opinion of the Commissioner of Agriculture Specific Guidance on Livestock Farming...16 Animal Density...16 Site Suitability Setbacks & Buffers...19 Buffers for New Residences...19 Setbacks for Livestock Buildings...19 Setbacks for Swine...20 Setbacks for Fencing...20 Other Requirements for Livestock Buildings and Structures Manure Management Section 5: Livestock for Educational Projects and Small Plot Farming Youth Organizations Small Plot Farming (including Urban Backyards) Sample Ordinances Hens and Roosters Backyard Poultry Bees Other Livestock Section 6: Contact an Expert Directory Appendix A: Connecticut General Statutes Appendix B: Connecticut Public Health Code Checklist for Land Use Administrators and Commission Members Notes ZONING REGULATIONS FOR LIVESTOCK: BEST PRACTICES Page 64 of 301

65 SECTION 1 Livestock Farming in Connecticut Municipalities Throughout the history of agriculture in Connecticut, livestock has played a critical role in shaping the economic development and social life of Connecticut s municipalities. Livestock production sustained rural farm families, supplied raw products for manufacturing, and provided food exports for non-producing families in adjacent cities. Today, consumer demand for locally produced meat, eggs, poultry, fiber, cheese and other animal products has stimulated a renewed interest in livestock production for both retail and at-home consumption. According to the 2017 USDA Census of Agriculture 2,244 farms are raising livestock in Connecticut. Facts and Figures About Livestock Farms 40% of those 2,224 Connecticut farms raising livestock reported sales from livestock, poultry, dairy or related products of over $160 million. Milk and eggs are two of Connecticut s most valuable livestock products. The total economic impact of dairy products produced and sold exclusively in Connecticut is $6.89 billion. 440 Connecticut farms reported income from sheep, goats, wool, mohair and milk. Over 90,000 acres of Connecticut farmland are dedicated to producing forage and corn to feed livestock. Over 41,000 acres are reportedly used for pasture and grazing land. In this publication, the term livestock is used broadly and refers to animals raised for an agricultural purpose, such as food, fiber or labor. The term livestock includes poultry and horses. Although aquaculture is an important sector of livestock production in Connecticut, this guide does not attempt to provide recommendations on land use regulations related to aquaculture production. Source: 2017 Census of Agriculture, U.S. Department of Agriculture (USDA), National Agricultural Statistics Service (NASS). Another large and very important sector of the state s livestock industry is horse farms. Connecticut s equine sector has over 43,000 horses that are used for a variety of recreational, competitive and therapeutic purposes. While 88% of horses are privately owned, the remaining 12% are owned by businesses offering, boarding, training and breeding services with a total annual income of $39 million. Source: University of Connecticut, HorsePower, 2007 The Connecticut equine industry supports other sectors of the agricultural economy such as hay farmers, feed stores, large animal veterinarians, farriers, truck and trailer sales, fencing and farm suppliers and the construction trades. ZONING REGULATIONS FOR LIVESTOCK: BEST PRACTICES 5 Page 65 of 301

66 SECTION 1 The Importance of Connecticut Agriculture Over the past decade, Connecticut consumer interest in local farms and foods has skyrocketed. Schools, institutions, Community Supported Agriculture farms, year-round farmers markets and farm stores provide a bounty of fresh Connecticut-grown produce. Between 2012 and 2017, the market value of farm produce from direct consumer sales increased by 35% USDA Census of Agriculture In 2015, the Connecticut agricultural industry contributed $4 billion to the state economy and employed 21,000 workers. Connecticut farmland provides a variety of ecosystem services and environmental benefits. A typical Connecticut farm s cropland, pastures, wetlands and woodlands act as a natural filter for surface and groundwater and provide not just aquifer recharge areas but habitat for many land and aquatic species, feeding and breeding areas for local bird populations, and stopovers for migrating birds. Farms and farmland remain cornerstones of many Connecticut communities, linking the past to the future through a landscape of fields and pastures, stone walls and weathered barns shaped by generations of hard-working farm families. By maintaining the rural and historical New England landscape that visitors to Connecticut find so attractive, working farms serve an important role in the state s $ 14.7 billion travel and tourism industry and its 121,500 jobs. Connecticut Office of Tourism, Department of Economic and Community Development April 2018 Agriculture s Contribution to Municipal Budgets University of Connecticut, Economic Impacts of Connecticut s Agricultural Industry Update 2015, September 2017 Farms provide additional fiscal benefits in helping balance local town budgets. Over 20 years of studies around the country have shown that, even when assessed at its agricultural use value, farmland and other open space consistently generate more public revenue than they require in municipal services. Research in eight Connecticut towns concluded that for every $1 in property tax revenue generated by farmland, forestland and open space, on average just 31 cents is required in municipal services. That net positive fiscal impact means that for every $1 of property tax revenue from farm, forest and open space uses, fully 69 cents, more than two-thirds, is available to support other municipal services such as schools, emergency services and public works. Compare that positive fiscal impact with the negative fiscal impact from residential uses, for which a municipality must spend $1.11 to provide the services required for every $1 received in tax revenue. American Farmland Trust, Farmland Information Center, Fact Sheet; Cost of Community Services, September ZONING REGULATIONS FOR LIVESTOCK: BEST PRACTICES Page 66 of 301

67 SECTION 2 Planning and Zoning for Agriculture As with other businesses, a supportive municipal environment is important to the success of local farms. Each municipality s Plan of Conservation and Development (POCD) is the primary document through which a future vision of each town is expressed. Many municipalities refer to agriculture in their POCD and may cite the contributions of local farms to rural character, scenery and historical significance. However, regulations implementing the POCD may not always advance the plan s vision of a supportive environment for farming. Regulations that address issues specific to agriculture and provide the flexibility needed to accommodate growth and change in farm businesses help existing farms and encourage new ones. Zoning regulations, such as limits on signage and retail sales, can impact farm businesses in many ways. Enabling on-farm retail sales of livestock products, including raw milk, eggs, wool, manure compost and young animals, helps to maximize farm profits and ensure the viability of farm businesses. Municipal Restrictions on Livestock Farming The inclusion of non-agricultural development into traditionally agricultural areas, and the emergence of new agricultural businesses and homesteading in urban and suburban communities, have led many towns to introduce restrictions on livestock ownership. Some towns have adopted local regulations that: limit the number of animals per acre, require minimum acreage to own an animal, For a full discussion and recommendations for signage, on-farm retail, farm stands and farm stores, please review Planning for Agriculture: A Guide for Connecticut Municipalities. View the guide online by visiting farmlandinfo.org and searching for planning for agriculture guide. establish buffer requirements, prohibit certain classes of livestock, impose special permit requirements on livestock farming, seek to regulate animal husbandry, or create blanket prohibitions on any agricultural activity in dense residential zones. Such restrictions fail to take into consideration generally accepted farm management practices and sound science. Inconsistent regulations across town boundaries can create impediments for farmers who own or lease land for livestock farming in multiple towns. Finally, overly detailed regulations can result in confusion and a need for enforcement by municipal officials not trained to address livestock management issues. ZONING REGULATIONS FOR LIVESTOCK: BEST PRACTICES 7 Page 67 of 301

68 SECTION 2 Farmer and Community Engagement in the Regulatory Process Livestock farming is a unique land use that does not easily fit into conventional zoning regulations. In simplistic terms, it is not a one-size-fits-all application. Factors such as the breed and number of animals, animal husbandry, topography and soils, farm management practices, proximity to open space versus residential development, the scale of the operation, forage and pasture management, diversity of livestock housing, and manure and nutrient management practices need to be considered when drafting zoning regulations for the raising of livestock. Most municipal land-use officials and zoning commissions do not have expertise in livestock management to adequately write zoning regulations that will address all of these factors. Farmers want to be good neighbors by utilizing best-management practices to minimize impact to their surrounding community and the environment. The following are recommended steps municipalities should take before drafting zoning regulations for livestock: 1 Schedule an open forum in which local farmers, small-plot livestock owners, FFA and 4H members and advisers, and the non-farming community can come together to share ideas and provide input to local land-use officials and the zoning commission on draft regulations for the keeping of livestock. 2 Consult with the local agricultural commission or regional agricultural council. Farmers want to be good neighbors by utilizing bestmanagement practices to minimize impact to their surrounding community and the environment. 3 4 Consult with experts from UConn Extension, the Connecticut Department of Agriculture, the USDA Natural Resources Conservation Service and Connecticut Farm Bureau Association. (See Contact an Expert Directory). Schedule follow-up forums during which comments can be received on draft regulations before a public hearing is held. This process ensures that the adopted regulations are based on the needs of the farming and non-farming communities. Regional Agricultural Councils: Lower Connecticut River Valley Regional Agricultural Council CASE STUDY In 2011, CGS 7-131v was enacted allowing for two or more municipalities to form a regional agricultural council. In 2013, the Lower Connecticut River Valley Council of Governments, composed of elected officials from 17 towns in the lower Connecticut River Valley, unanimously voted to move forward with forming the first regional agricultural council in Connecticut. The Lower Connecticut River Valley Regional Agricultural Council represents the interests of agriculture in that region. The Council provides input on municipal zoning regulations and Plans of Conservation and Development, and helps promote agricultural businesses in the region with an interactive website. Residents who are supportive of agriculture or are engaged in farming and are interested in joining the Council are approved by the Chief Executive Officer (CEO). For additional information on the Lower Connecticut River Valley Regional Agricultural Council visit: 8 ZONING REGULATIONS FOR LIVESTOCK: BEST PRACTICES Page 68 of 301

69 SECTION 2 Agricultural Commissions Many Connecticut municipalities have created a formal town commission or committee to provide farmer input into town policies that impact local agriculture, and to help develop initiatives that will keep farming in the community viable. Agricultural commissions are typically advisory commissions created by ordinance, with no regulatory or enforcement authority. As an alternative to a formal agricultural commission, a municipality may consider appointing an informal advisory board or group of representatives to serve as the voice of agriculture in municipal affairs. Agricultural commission functions may vary by town, but most are established to help identify issues of concern to farmers, to raise public awareness of the benefits of local farms and working lands, and to identify ways in which towns can support the businesses and landuse needs of local farms. An agricultural commission can help ensure that the needs of agriculture are considered and integrated into town policies and regulations. For example, an agricultural commission can provide input on a Plan of Conservation and Development (POCD) or on zoning regulations, or to identify farmland that the town may wish to protect. A commission can help facilitate the resolution of farmerneighbor conflicts, sponsor farmers markets or town celebrations of agriculture, and serve as a clearinghouse for information on state and federal agricultural programs. Many commissions are taking an active role in establishing community farms and gardens, bringing agricultural education activities into the community, and developing marketing and tourism materials to promote local agricultural businesses and destinations as part of building local economic development. The AGvocate program provides guidance and support to agricultural commissions, farmers and municipalities. To learn more, visit agvocatect.org. The AGvocate Program The AGvocate Program is administered by the Connecticut Resource Conservation and Development Area, Inc. (CT RC&D) in partnership with a steering committee composed of members from The Last Green Valley, USDA Farm Service Agency (FSA), USDA Natural Resources Conservation Service (NRCS), USDA Rural Development (RD), UConn Extension, participating communities, agricultural businesses and other federal, state and nonprofit agencies and organizations. AGvocate is a grassroots program providing a forum for municipal officials, agricultural producers and other stakeholders to strengthen the farmfriendliness of Connecticut towns. The AGvocate program assisted 14 eastern Connecticut towns in adopting their own agricultural commissions and committees. Today the AGvocate program continues to provide guidance and support to agricultural commissions, farmers and municipalities. To learn more about the AGvocate program visit: ZONING REGULATIONS FOR LIVESTOCK: BEST PRACTICES 9 Page 69 of 301

70 SECTION 3 State Guidance on Livestock Farming Connecticut has long recognized the importance of agriculture and its unique nature as a land use. State laws and regulations governing agriculture place the authority to regulate farm activities with various state agencies, including the Connecticut Department of Agriculture, Connecticut Department of Energy and Environmental Protection and the Connecticut Department of Public Health. State policies are intended to strike a balance between protecting natural resources and ensuring public health, while allowing agriculture to grow as an industry. State laws that pertain to agriculture include Public Act 490 (Connecticut s current use assessment law for farmland, forest land and open space), tax exemption laws, sales and use tax, the Community Investment Act, Definition of Agriculture and Farming, the Inland Wetlands and Watercourses Act, the Right to Farm Law, Connecticut Public Health Code, Control of Rabies, Scrapie Eradication, Water Pollution Control regulations, Connecticut Fertilizer Law, as well as animal and anticruelty statutes. State law related to livestock production provides guidance for town officials seeking to develop municipal land use regulations. Whenever possible, municipalities should consider using state agriculture definitions in their municipal regulations to avoid creating inconsistent regulations that may adversely affect farm businesses and conflict with state statute. CGS 1-1(q) does not distinguish between commercial and non-commercial farms. Municipal wetland and watercourse regulations use CGS 1-1(q) s definitions as well. This section will focus on the following state statutes: Definition of Agriculture, Farming and Farm Definitions of Livestock and Poultry Right to Farm Powers of Commissioner of Agriculture and generally accepted agricultural practices Definition of Agriculture, Farming and Farm The Connecticut General Statute (CGS) 1-1(q) provides a definition of agriculture and farming that includes the raising, shearing, feeding, caring for, training and management of livestock, including horses, bees, poultry, fur-bearing animals and wildlife as well as numerous other activities, both intrinsic and incidental to ordinary farming operations. In the same subsection, the term farm includes farm buildings, and accessory buildings thereto, nurseries, orchards, ranges, greenhouses, hoop houses and other temporary structures or other structures used primarily for the raising and, as an incident to ordinary farming operations, the sale of agricultural or horticultural commodities. 10 ZONING REGULATIONS FOR LIVESTOCK: BEST PRACTICES Page 70 of 301

71 SECTION 3 A common issue in municipal regulations is the lack of definitions or inconsistent definitions for certain agriculture-related terms. Some municipalities have created regulations that apply to narrowly defined subsets of agriculture, such as livestock. These definitions narrow the scope of land uses considered farming and agriculture or limit the type of farming allowed. Municipalities may attempt to distinguish between non-commercial and commercial definitions of agriculture and between for-profit and not-for-profit operations. These distinctions are not helpful and are difficult to enforce. Farmers may not rely on the sales of their livestock as their sole source of income, however they may still have a need to sell livestock or agricultural products derived from their livestock. The land use impacts of a livestock farm are the same whether they are for-profit or nonprofit, and such distinctions serve little or no purpose. Recommendation Municipalities should make use of the statutory definitions of agriculture, farming and farm. In addition, CGS 8-2 requires municipal zoning commissions to use the state s definition of agriculture when considering the impact of zoning regulations upon agriculture. Zoning regulations should not attempt to distinguish between commercial and non-commercial farms and between for-profit and notfor-profit farms. Recommended language Definition of Agriculture and Farming: The terms agriculture, farming and farm shall have all those meanings set forth in Section 1-1(q) of the Connecticut General Statutes, as amended. Definitions of Livestock and Poultry The definition of livestock as any camelid or hooved animal raised for domestic or commercial use in CGS , even though limited to that chapter on diseases, is useful. CGS s (5) defines the term poultry as any species of domestic fowl, including, but not limited to, chickens, turkeys, ostriches, emus, rheas, cassowaries, waterfowl and game birds raised for food production, breeding, exhibition or sale. Both statutory definitions are broadly inclusive to promote the continued viability of livestock operations in the state. Local regulations may create exceptions to the state definitions. For example, the state statutory definition provides that agriculture and farming include processing. Processing is commonly interpreted to include slaughtering. Towns wishing to restrict livestock slaughtering in certain areas may do so, while still using the state definitions. Recommendation Municipalities should make use of the statutory definitions of livestock and poultry to limit potential disparities in the interpretation and enforcement of regulations and provide consistency across municipal boundaries. Recommended language Definition of Livestock: The term livestock shall be defined as it is in CGS , as amended. Definition of Poultry: The term poultry shall be defined as it is in CGS (s) (5), as amended. ZONING REGULATIONS FOR LIVESTOCK: BEST PRACTICES 11 Page 71 of 301

72 SECTION 3 Right to Farm Law The Connecticut Right to Farm Law, CGS 19a-341, was signed into law by Gov. William A. O Neill in May As more people and businesses moved to the rural areas of Connecticut, agricultural operations often were the subject of complaints. Right to Farm legislation was necessary to limit the circumstances under which agricultural operations could be subject to lawsuits. Municipalities should refer to the Right to Farm Law when responding to issues related to nuisance complaints covered under the law. Key Points of the Right to Farm Law The Right to Farm Law limits the circumstances under which agricultural or farming operations may be deemed to constitute a nuisance. The nuisances are: Odor: From livestock, manure, fertilizer or feed. Noise: From livestock or farm equipment used in normal, generally accepted farming practices. Connecticut General Statutes also use the term generally accepted agricultural practices in reference to cruelty to animals (CGS ). Dust: Created during plowing or cultivation operations. Chemical Use: Provided that the chemicals and their method of application conform to practices approved by the Commissioner of the Department of Energy and Environmental Protection or where applicable, the Commissioner of the Department of Public Health. Water Pollution: From livestock or crop production activities, except the pollution of public or private drinking water supplies, provided such activities conform to acceptable management practices for pollution control approved by the Commissioner of the Department of Energy and Environmental Protection. This law does not protect a farmer when a nuisance is due to negligence or willful or reckless misconduct. The Commissioner of the Connecticut Department of Agriculture or their designee shall determine whether the operation is following generally accepted agricultural practices. There are three conditions that qualify a farm for coverage under the Right to Farm Law. These include operations that: 1) have been in operation for one year or more, 2) have not been substantially changed, and 3) are following generally accepted agricultural practices. The law preempts local zoning relative to nuisances covered under the Right to Farm Law. The state s Inland Wetlands and Watercourses Act permits most farming activities including grazing in wetlands and watercourses as of right (CGS 22a-40). 12 ZONING REGULATIONS FOR LIVESTOCK: BEST PRACTICES Page 72 of 301

73 SECTION 3 Recommendation A municipality may consider adopting a local right to farm ordinance. Several Connecticut communities have enacted local right to farm ordinances. A local right to farm ordinance provides a policy statement that a municipality supports and encourages local agriculture. These ordinances do not create any additional protections for farmers above and beyond what the state statutes provide. A Municipal Right to Farm Ordinance helps inform new and prospective residents that they are moving into a farming community; can provide guidance to municipal enforcement officials on how to respond to issues related to the nuisances covered in the state Right to Farm Law, CGS 19a- 341; should mirror the state statute with a provision that the ordinance does not negate or diminish the authority of the various local regulatory agencies and commissions; is adopted through a vote of the municipal legislative authority; should not usurp the authority of the Commissioner of Agriculture. Recommended Language: See the Town of Lebanon ordinance (page 15) The Town of Lebanon Right to Farm Ordinance demonstrates the use of the state s definition of agriculture, reinforces the state Right to Farm Law, and recognizes the Commissioner of Agriculture s authority to determine generally accepted agricultural practices. Powers of Commissioner of Agriculture and Generally Accepted Agricultural Practices Standards and management practices for agriculture frequently change as new practices are developed and advances in science and technology are made. Under the Right to Farm Law, CGS 19a-341, the Commissioner of Agriculture has specifically been granted authority to determine generally accepted agricultural practices. Connecticut Public Health Code, Chapter 11 Environmental Health B1: Conditions specifically declared to constitute public nuisances. The following conditions are specifically declared to constitute public nuisances: (c) Barns or stables, hogpens, chicken yards or manure piles or accumulation of organic material so maintained as to be a breeding place for flies. While not defined in the Connecticut General Statutes, generally accepted agricultural practices are those methods of managing a farm operation that do not violate federal, state or local laws; damage public health, safety and general welfare; and are customary in the agricultural industry. Generally accepted agricultural practices are management practices recognized by various governmental agencies and departments, such as the Connecticut Department of Agriculture, the Connecticut Department of Energy and Environmental Protection, University of Connecticut Cooperative Extension System, The Connecticut Agricultural Experiment Station, and the USDA Natural Resources Conservation Service. Several state laws regulate agricultural management practices. For example, all farm operations, including livestock farms, are subject to the state s water pollution control statutes (CGS 22a-430, 22a-471, 22a-471(a), as well as the Connecticut Public Health Code, which specifically prohibits creating a breeding place for flies. ZONING REGULATIONS FOR LIVESTOCK: BEST PRACTICES 13 Page 73 of 301

74 SECTION 3 Advisory Opinion of the Commissioner of Agriculture The Commissioner of Agriculture is enabled pursuant to CGS 22-4c(4) to render an advisory opinion, upon request of any municipality, state agency, tax assessor or any landowner as to what constitutes agriculture or farming pursuant to CGS 1-1(q), (the state definition of agriculture and farming), or regarding classification of land as farmland or open space land pursuant to sections b to f (PA 490 statutes). Recommendation Zoning regulations should avoid detailed sections about livestock management and, instead, simply reference generally accepted agricultural practices. Zoning regulations should avoid detailed sections about livestock management and, instead, simply reference generally accepted agricultural practices. The Connecticut Commissioner of Agriculture is authorized to opine on whether a factual situation is consistent with generally accepted agricultural practices. Dust, noise, odor or any other issues that are specified in the state Right to Farm Law should be referred to the Connecticut Department of Agriculture. Questions related to whether certain activity is considered agriculture or farming should be referred to the Connecticut Department of Agriculture. Relying on expertise at the Connecticut Department of Agriculture is preferable to creating regulations for municipal officials who may not have the depth of experience or training to fully assess livestock management issues. Recommended language Farming and agriculture, as defined under Connecticut General Statute 1-1(q), allowed by right. All livestock operations shall follow generally accepted agricultural practices. Inspection and approval of the agricultural or farming operation, place, establishment or facility by the Commissioner of Agriculture or their designee shall be prima facie evidence that such operation follows generally accepted agricultural practices. 14 ZONING REGULATIONS FOR LIVESTOCK: BEST PRACTICES Page 74 of 301

75 SECTION 3 Town of Lebanon Right-To-Farm Ordinance Be it ORDAINED that the electors of the Town of Lebanon at a duly warned Special Town Meeting to be held on August 25, 2009: Section I: Purpose and Intent Agriculture plays a significant role in Lebanon s heritage and future. The Town officially recognizes the importance of farming to its rural quality of life, heritage, public health, scenic vistas, tax base, wetlands and wildlife, and local economy. This Right to Farm ordinance encourages the pursuit of agriculture, promotes agriculture-based economic opportunities, and protects farmland within Lebanon by allowing agricultural uses and related activities to function with minimal conflict with abutters and Town agencies. It is the declared policy of the Town of Lebanon to conserve, protect and encourage the maintenance and improvement of agricultural land for the production of food and other agricultural products and for its natural and ecological value. It is hereby further determined that whatever impact may be caused to others through generally accepted agricultural practices, such impact is offset and ameliorated by the benefits of farming to the neighborhood, community and society in general. Section II: Definitions The terms agriculture and farming shall have all those meanings set forth in Section 1-1(q) of the Connecticut General Statutes, as amended. Section III: Right to Farm No present or future agricultural operation conducted or maintained in a manner consistent with accepted agricultural practices, which is engaged in the act of farming as defined in this ordinance shall become or be considered a nuisance solely because such activity resulted or results in any changed condition of the use of adjacent land. Agricultural operations may occur any day or night provided such activities do not violate applicable health, safety, fire, zoning, wetlands, life safety, environmental or building codes and regulations and shall include, without limitation: 1. The incidental noise from livestock or farm equipment used in generally acceptable farming practices; 2. Odors from livestock, manure, fertilizer or feed; 3. Dust and fumes associated with normally accepted farming practices; 4. The use of agricultural chemicals provided such chemicals and the method of their application conform to practices approved by the State of Connecticut; and 5. Irrigation and water management associated with generally accepted farming practices. Inspection and approval of the agricultural or farming operation, place, establishment or facility by the Commission of Agriculture or his/her designee shall be prima facie evidence that such operations follow generally accepted agricultural practices. Nothing contained in this ordinance shall restrict the powers of Lebanon s Inland Wetlands Commission, Planning and Zoning Commission, Building or Health Departments under Connecticut General Statutes. ZONING REGULATIONS FOR LIVESTOCK: BEST PRACTICES 15 Page 75 of 301

76 SECTION 4 Farm parcels in Connecticut tend to be relatively small. 32% of farms are between 1-9 acres 39% of farms are between Specific Guidance on Livestock Farming Connecticut farmers typically manage multiple farmland parcels and are accustomed to utilizing careful land-use management practices to maintain soil and plant health, and nutrient management practices to maximize efficiency. Thus, animal housing, growing of feedstock, and management of manure may take place on multiple parcels. Livestock farming should not pose environmental risk or threat to public health if managed responsibly. A municipality choosing to regulate livestock farms should employ guidelines for livestock farming that focus on site suitability, reasonable setbacks and generally accepted agricultural practices for manure management. Regulation should not focus on acreage needs or animal units. Animal Density Animal density formulas were originally based on the pasture yield needed to support the animals nutrient needs. They were not intended to be used in municipal zoning regulations. Animal density formulas do not consider modern feeding and husbandry methods including rotational grazing, measured feed rations (grown off site), manure management techniques, and dedicated exercise programs. To address animal density issues, one needs to consider the management practices in place that reduce nuisances and provide for a healthy environment for the animals regardless of density. Animal density formulas that find their way into municipal zoning regulations can create enforcement issues, raising the expectation that zoning enforcement officers will spend their days literally counting sheep. Neither the state s definition of agriculture (CGS 1-1(q)) nor Public Act 490, the state s land use value assessment law (CGS b (1)), set minimum acreage requirements for farming, including the raising of livestock. Unfortunately, municipalities have often relied solely on animal density formulas (setting minimum acreage requirements or establishing an allowable number of animals per acre), regardless of the suitability of the site for livestock. (see Site Suitability below) acres Source: 2017 Census of Agriculture U.S. Department of Agriculture, National Agricultural Statistics Service. Current Use Assessment Law Public Act 490 is Connecticut s current use assessment law for farmland, forestland, open space and maritime heritage land. A parcel may meet the statutory requirements for classification as farmland under PA 490 because the use of the land is agricultural, even though the parcel may not be used as a farm due to minimum acreage requirements under municipal zoning regulations. 16 ZONING REGULATIONS FOR LIVESTOCK: BEST PRACTICES Page 76 of 301

77 SECTION 4 Pasturing Requirements The extensive pasture acreage once considered necessary under traditional grazing methods may not be an appropriate assumption for today s smaller farm operations. Pasture is not always necessary. If zero pasturing is practiced, the livestock owner will have to provide adequate purchased feed, have an exercise yard and develop a sound plan for stormwater and manure management. Larger poultry and livestock operations are sometimes handled in confinement type operations and managed intensely using science-based systems that provide a productive, safe, healthy environment for farm animals. Recommendation Zoning regulations for the raising of livestock should focus on setbacks, buffers and site suitability to minimize impact to the environment and adjacent properties. In moderate- to high-density residential areas, it may be prudent to restrict agricultural and farm use to some extent. In those areas, a permit for livestock should be considered to enable site-specific review and potentially allow livestock where it can be demonstrated to be appropriate, sometimes with conditions. Recommended language Consultation with an agency, organization or consultant recognized by the Connecticut Department of Agriculture as having expertise in the area of generally accepted agricultural practices may be required or requested as a condition of approval by the livestock owner. In public water supply watersheds or designated aquifer recharge areas, a Conservation Plan developed in consultation with said expert may be required. Site Suitability Land parcel characteristics that contribute to site suitability include the degree of slope, location, soil characteristics and surface water runoff. Farming including the grazing of animals is allowed as of right under Connecticut s Inland Wetlands and Watercourses Act (CGS 22a-40). Larger poultry and livestock operations are sometimes handled in confinement type operations and managed intensely using science-based systems that provide a productive, safe, healthy environment for farm animals. Slope: Sites with steep slopes should be avoided or improved to avoid heavy surface water runoff, soil erosion, downgradient sedimentation or conditions that are hazardous for keeping of animals. Areas with a steep slope may be used for certain agricultural production activities, such as grazing, if they are properly maintained so that soils are not exposed and utilize buffers to filter and trap nutrients before they enter surface waters. Location: Animals should be kept in a location that does not negatively impact an on-site sewage disposal system, water supply well, surface water or wetlands. Surface Water Runoff: Surface water runoff systems should be designed to avoid contamination of water supplies and should comply with Connecticut Department of Energy and Environmental Protection water quality standards. ZONING REGULATIONS FOR LIVESTOCK: BEST PRACTICES 17 Page 77 of 301

78 SECTION 4 Recommendation Zoning regulations should focus on site suitability to protect soil and water quality, on-site sewage disposal areas, wells, surface water and impact to abutting properties. Recommended language Paddocks, Pastures and Pens: A contiguous owned or leased area, used for confining of livestock which excludes areas occupied by dwelling units, nonagricultural buildings, onsite sewage disposal systems, and meets general criteria as described below in Site Suitability and Impact. Animal shelters are permitted within the confined area. Site Suitability and Impact: In order to minimize potential adverse impacts, all farms shall use the following criteria for compliance: Sites with slopes dominantly greater than 15% shall be avoided or improved utilizing generally accepted agricultural practices to avoid excessive surface water runoff, soil erosion or hazardous conditions for keeping animals. Zoning regulations should focus on site suitability to protect soil and water quality, on-site sewage disposal areas, wells, surface water and impact to abutting properties. Animal confinement areas shall not be permitted directly over land containing an on-site subsurface sewage disposal system. Proper drainage shall be provided to avoid ponding of water. Clean water shall be diverted from animal confinement areas. Contaminated stormwater runoff shall be collected or treated to minimize impact on surface or subsurface water supplies, and runoff shall not be directed to neighboring properties. All livestock shall be kept in such a manner that shall not cause unreasonable noise, odor, vermin or insects. Livestock shall always be suitably and adequately confined or controlled. Requirements of public health code shall be followed. 18 ZONING REGULATIONS FOR LIVESTOCK: BEST PRACTICES Page 78 of 301

79 SECTION 4 Setbacks and Buffers Setbacks and other buffers create a physical separation between land uses that can help prevent land-use conflicts and potential nuisance lawsuits. However, some communities require excessively large setbacks that effectively eliminate opportunity for even small-scale livestock production. Large setbacks are not needed when farmers are following generally accepted agricultural practices. Buffers for New Residences Recommendation To minimize conflicts between existing farms and new residences, towns can require that new building lots abutting farmland install landscaped buffers or maintain undisturbed natural vegetation along property lines to create a sight barrier and help reduce the impact of odors, noise and dust from farms. In approved subdivisions, an agricultural buffer could be part of the open space requirement and maintained by the non-farming lot owners. The burden of maintaining a vegetative buffer should not be placed on existing farm operations but rather on adjacent new residential development to avoid the potential for future conflict. Recommended language Agricultural Buffer for New Residences: A 100-foot agricultural buffer is required where a new residence is proposed adjacent to agricultural land. The agricultural buffer shall be considered part of the open space. The planting of trees and shrubbery may be required as part of an agricultural buffer. A buffer of lesser width may be approved if it can be demonstrated to adequately protect both the residential lot and the agricultural use. Setbacks for Livestock Buildings Recommendation Zoning regulations could include reasonable setbacks for buildings that are used to house and shelter animals. What is reasonable may vary from town to town. If a town chooses to enact setbacks for livestock buildings, some livestock owners may be forced to seek a variance for small or oddly shaped parcels. It is important that setbacks are not treated as zero-activity buffers. A building setback should not hinder the movement of animals up to the property line. Towns may choose to be less restrictive by applying the setback to only the portion of a building used to house or shelter livestock. There is specific guidance from the state on setbacks for a pigsty (enclosure for raising pigs). See Setbacks for Swine. For the raising of small food-producing animals, including hens, rabbits, bees, ducks, sheep and goats, see Section 5. To minimize conflicts between existing farms and new residences, towns can require that new building lots abutting farmland install landscaped buffers or maintain undisturbed natural vegetation along property lines. Recommended language The portion of a building used for the housing and shelter of livestock shall be at least 100 feet from any property line. A setback of lesser width may be approved if it can be demonstrated to adequately protect both the residential and the agricultural and livestock use. ZONING REGULATIONS FOR LIVESTOCK: BEST PRACTICES 19 Page 79 of 301

80 SECTION 4 Municipalities should allow the raising of swine when a farm complies with state public health code and utilizes generally accepted agricultural practices. Setbacks for Swine Some zoning regulations prohibit the keeping of swine or piggeries within their municipality. There is a renewed interest in fresh, locally raised pork. Municipalities should allow the raising of swine when a farm complies with state public health code and utilizes generally accepted agricultural practices. The Connecticut Public Health Code (Section B23(a)) requires setbacks for pigs. However, such setbacks are measured from adjacent dwellings, not from property lines. The Code states that a pigsty (enclosure for raising pigs) must be 300 feet from any adjacent dwelling. A gestation and farrowing barn on a property which has been in continuous use as a farm for at least 50 years may continue if it is 200 feet from any inhabited dwelling on the property, except the proprietor of the barn (CGS 19a-341a). Recommendation Allow the raising of swine and piggeries provided the farm complies with the Connecticut Public Health Code, utilizes generally accepted agricultural practices and meets the requirements for setbacks and site suitability. Setbacks for Fencing Farms should be able to utilize all their suitable acreage for pasture. Municipal regulations should not require setbacks for fencing from property lines. Setbacks for fencing take land out of agricultural production, create a maintenance problem for the farmer, and can create confusion over where the property line is legally located. State statutes allow, and in certain limited circumstances may require property owners to fence up to the property line (CGS 47-43). 20 ZONING REGULATIONS FOR LIVESTOCK: BEST PRACTICES Page 80 of 301

81 SECTION 4 Recommendation Since the fencing requirements of livestock vary greatly depending on the type, size and age of the animals, municipalities should not attempt to regulate fencing construction, height or location. Recommended language Fencing for livestock shall be installed so that no part of the animal can reach over the property boundary line and of a nature to ensure the livestock safely stay within the fenced area. Other Requirements for Livestock Buildings and Structures The shelter and enclosure requirements for livestock vary greatly depending on the animal species and the farming operation. Shelters may be permanent or temporary, or may be trees and other natural windbreaks. The size may vary based on the access to outside lots and overall management of the farm. Regulations should allow the landowner to erect or install any number of structures that are appropriate as long as setbacks and other dimensional requirements are met. Recommendation The shelter and enclosure requirements of livestock are an issue of animal husbandry and should not be addressed in municipal zoning regulations. A plot plan may be required as part of a building permit for any permanent structure that will be used to house livestock. Permanent structures would not include movable shelters for poultry, for example, that are designed to be periodically relocated on the lot. In most cases, a licensed surveyor should not be required for this process unless the structure is very large or the setback line is in question. Recommended language An owner or lessee may request that the Zoning Enforcement Officer review compliance with zoning requirements by providing: Fencing for livestock shall be installed so that no part of the animal can reach over the property boundary line and of a nature to ensure the livestock safely stay within the fenced area. A sketch/diagram which can be created using the town GIS system, and best available boundary and site data; The boundaries of the property on which the animals are to be kept; Location of all existing structures including dwellings on abutting properties, onsite wells and sewage disposal systems (refer to the Health Department); Location of proposed animal shelter and paddocks, pasture(s) and pens, including fences; Number and type of animals to be kept; Location of watercourses, water bodies and wetlands; Areas of slope in excess of 15%; and A narrative describing the total acreage of the site where animals are to be kept, the general nature and scope of the proposed use, and the provisions for storage of feed, grain, hay, animal excrement and any associated wastewaters. ZONING REGULATIONS FOR LIVESTOCK: BEST PRACTICES 21 Page 81 of 301

82 SECTION 4 Manure Management Poor management of livestock manure and wastewater can create issues and complaints from neighbors about odors, flies and contamination of well and surface water. Farmers who follow generally accepted agricultural practices can prevent potential issues and nuisance complaints. These practices include the proper collection, storage, land application and removal of livestock manure, management of flies and control of runoff. Farmers who follow generally accepted agricultural practices can prevent potential issues and nuisance complaints. These practices include the proper collection, storage, land application and removal of livestock manure, management of flies and control of runoff. Various state agencies regulate management of manure and wastewater from livestock production. They have the expertise and authority to properly enforce manure and wastewater management practices and water management practices to protect human health and natural resources. Livestock owners must comply with the Right to Farm Law (CGS 19a - 341); Connecticut Department of Energy and Environmental Protection water pollution control statutes (CGS 22a - 430), and the Connecticut Public Health Code. For planning purposes, livestock owners are encouraged to consult the guidance presented in the USDA Natural Resources Conservation Service Electronic Field Office Technical Guides for Connecticut (efotg) Technical and financial resources are available to help develop farm conservation plans and design and install conservation practices through the USDA Natural Resources and Conservation Service. Connecticut s five Conservation Districts may also assist in developing farm conservation plans. Recommendation Municipalities should avoid prescribing manure management practices through zoning regulations. Municipal officials should instead focus on ensuring livestock operators are aware of resources to aid in manure management (see Text Box). Since best management practices are constantly evolving, zoning regulations should not mandate strict adherence to any specific management technique. In some cases, site plans may be required for engineered waste management systems. Problems associated with manure management should first be referred to the Connecticut Department of Agriculture. The Connecticut Department of Agriculture may need to rule on whether the farm is following generally accepted agricultural practices. University of Connecticut Cooperative Extension System and USDA Natural Resources Conservation Service specialists may assist with best management practices to address manure management issues. Concerns about water quality are within the purview of the Connecticut Department of Energy and Environmental Protection. Problems with flies are within the purview of the local public health district. 22 ZONING REGULATIONS FOR LIVESTOCK: BEST PRACTICES Page 82 of 301

83 SECTION 4 Assistance to Livestock Operators on Manure Management Connecticut Department of Agriculture Opinion on generally accepted agricultural practices on a case-by-case basis Technical assistance and guidance for composting Connecticut Department of Energy and Environmental Protection Planning guidance through the Manual of Best Management Practices for Agriculture: deep/aquifer_protection/ BMPs_agriculture.pdf Review and approval of Comprehensive Nutrient Management Plans (CNMP) developed by a conservation planner for compliance with state and federal water pollution control regulations Review and approval of manure management plans developed for producers who are required to have such a plan on a case-by-case basis University of Connecticut Extension Technical assistance on best management practices for nutrient management, odor and fly control, and water quality USDA Natural Resources Conservation Service Financial assistance to help develop conservation plans and design, inspect, and install the necessary conservation practices and management plans Technical assistance to develop farm conservation plans and design conservation practices Development of Comprehensive Nutrient Management Plans (CNMPs), in partnership with CT DEEP, CT Department of Agriculture, and University of Connecticut Cooperative Extension Development and maintenance of standards for the design and installation of conservation practices to reduce impacts from animal agriculture. Available through the Electronic Field Office Technical Guide (EFOTG) at Planning guidance through 2011 Good Horse Keeping Best Practices Manual for Protecting the Environment. Available through the Connecticut Natural Resource Conservation Service Office Connecticut Conservation Districts Technical assistance to assess the farm and assist in the development of a conservation plan and Comprehensive Nutrient Management Plan RESOURCES FOR FARM OPERATIONS ZONING REGULATIONS FOR LIVESTOCK: BEST PRACTICES 23 Page 83 of 301

84 SECTION 5 Livestock for Educational Projects and Small Plot Farming Youth organizations (such as FFA, 4-H) and other agricultural education projects FFA students often choose to raise livestock as part of their required high school curriculum to satisfy their supervised agricultural experiences. Younger children are introduced to the raising and care of animals through local 4-H clubs. These invaluable projects teach youth about responsibility and decision-making and provide training for careers in animal science, veterinary science and livestock production. Overly restrictive zoning regulations may unintentionally limit or eliminate these educational and training opportunities. Recommendation Zoning regulations should permit the raising of livestock for FFA, 4-H and other student projects provided generally accepted agricultural practices are followed. Recommended language Student projects involving the keeping of farm animals are authorized by right subject to issuance of a certificate of zoning compliance. The application for approval of the certificate of zoning compliance shall include the certification by the 4H Club Agent of the Cooperative Extension System or a qualified school instructor or project manager that the applicant s Statement of Use and Animal Management Plan comprehensively describes the proposed project, including shelter provisions, outside confinement areas and manure management; protects animal welfare and is expected to have no potential adverse environmental and neighborhood impacts. Small Plot Farming (including Urban Backyards) In recent years, there has been growing interest in smallplot farming in which urban and suburban residents replace their lawns with fruit and vegetable gardens, edible landscapes, beehives, and protein sources e.g., hens for fresh eggs. The trend reflects a consumer preference for locally grown food, especially food grown in one s backyard, that is healthier, tastier and environmentally more sustainable. For low-income households, access to healthy foods can be a chronic issue. Small-plot farming can offer an important solution. To illustrate, New Haven recently revised its zoning regulations to allow up to six hens on any property for personal use. 24 ZONING REGULATIONS FOR LIVESTOCK: BEST PRACTICES Page 84 of 301

85 SECTION 5 Recommendation Municipalities should allow intensive use of small residential parcels for some types of food production, including raising livestock and poultry. Generally accepted agricultural practices should always be applied regardless of the scale of the operation. Farms, as defined in municipal zoning regulations, should be exempt from regulations pertaining to the keeping of livestock and poultry on small residential parcels. There are numerous examples of regulations for the keeping of livestock and poultry on small plots. The following sample ordinances are useful to consider as models for zoning that would allow the raising of food-producing animals including hens, rabbits, bees, ducks, goats and sheep on small plots. sample ordinance Hens New Haven, Connecticut No more than six hens may be kept on any property located in residence zoning districts as a non-commercial accessory use. The use shall be confined to a fenced enclosure of no more than 200 square feet in area, located in a rear yard. The fenced enclosure shall be at least 25 feet from any street line, at least 15 feet from any residential dwelling and at least five feet from any property line. In the instance that more than one distance requirement shall apply, the greater distance requirements shall apply. distance shall be screened by either a fence or a landscaped buffer of at least four feet in height. A building shall be required for the hens. Any building used for this purpose shall be located at least ten feet from any lot line. All such buildings shall be constructed, and all food products kept so as to prevent offensive odors and the presence of pests and predators. No rooster shall be kept on any property. These sample ordinances are useful to consider as models for zoning that would allow the raising of food-producing animals, including hens, rabbits, bees, ducks, goats and sheep, on small plots. Any portion of the enclosure located closer than ten feet to a property boundary or directly visible from a street line at any The keeping of hens shall be conducted in a manner consistent with and in compliance with the Health Code of the City of New Haven. ZONING REGULATIONS FOR LIVESTOCK: BEST PRACTICES 25 Page 85 of 301

86 SECTION 5 sample ordinance Backyard Poultry Ellington, Connecticut Keeping of Backyard Poultry Applicability: Backyard poultry shall include chickens, ducks, turkeys, and other birds of similar mature size, but not guinea hens, peacocks, emus or ostriches. Farms shall have no limit on the number of poultry that may be kept. Minimum Lot Size: A property must be greater than or equal to 20,000 square feet in order to keep backyard poultry. Number of Poultry: A property which meets the minimum lot size may keep up to a maximum of 8 backyard poultry. Roosters: Roosters are not permitted on property which has less than 3 acres. Management: Backyard poultry shall be suitably contained on the premises at all times. Free range backyard poultry are prohibited. Waste Management: The storage and management of waste (e.g. a combination of manure and bedding) for backyard poultry shall be in accordance with the Public Health Code, as amended. In no case shall waste be located closer to property lines than the minimum setback requirements for structures and enclosures for the keeping of backyard poultry and shall not exceed 2 cubic yards at any given time. Setbacks and Permitting Requirements: Structures less than 200 square feet and enclosures (such as fenced areas) for the keeping of backyard poultry shall be a minimum of 20 feet from the side and rear property lines and 50 feet from the front property line, or meet the setbacks of the underlying zone (whichever is greater). These structures and enclosures shall not require a Zoning Permit, but all owners of backyard poultry shall submit a written statement to the Zoning Enforcement Officer certifying compliance to these regulations. Any structure for the keeping of backyard poultry that is greater than or equal to 200 square feet shall require review in accordance with Section B or Section A, as applicable. Site Suitability and Impact: In order to minimize potential adverse impacts, the following shall apply: Sites with slopes greater than 15% shall be avoided or improved to avoid heavy surface water runoff, soil erosion, sedimentation or hazardous conditions for keeping backyard poultry. Structures for the keeping of backyard poultry shall not be permitted directly over land containing an on-site sewage disposal system. Structures and enclosures (such as fenced areas) shall not be permitted directly over wells. Proper drainage shall be provided to avoid collection of water. Water shall be diverted from poultry keeping areas; however, such water shall not pollute surface or subsurface water supplies nor shall runoff be directed to neighboring properties. 26 ZONING REGULATIONS FOR LIVESTOCK: BEST PRACTICES Page 86 of 301

87 SECTION 5 sample ordinances Bees Connecticut Agricultural Experiment Station Recommendations Honeybee colonies are considered livestock in Connecticut and should be treated humanely at all times. Honeybees are required by law to be registered annually with the office of the State Entomologist and are subject to inspection at reasonable times. Beekeepers and regulatory officials can contact the State Bee Inspector at the Connecticut Agricultural Experiment Station for technical guidance. Hive Placement: Hives should be placed away from roads, walkways or rights of way. They should be placed in a quiet part of a yard. They should not be placed near any location where there is human or pet traffic. The hive entrance should be placed facing the hive owner s property. If placed near a property line (not closer than 10 feet), there should be either a fixed wall or a dense vegetative barrier, of at least six feet in height, between the hives and the property line. Hive Density: Urban neighborhoods There are many examples of bees being managed in urban settings. Honeybee hives are currently being kept in downtown locations like: Hartford, New Britain and New Haven and on the campus of several high schools, without issues. The more developed an area is, the more a beekeeper must be attentive to his bees to prevent conflicts. Lots of ¼ acres or less should limit the number of colonies to no more than two colonies and up to two nucleus colonies (nucs). Lots of ¼ acre to 1 acre should limit the number of colonies to six colonies and up to four nucs. Lots greater than 1 acre will not be limited as long as the guidelines on hive placement are followed. Limitations will not be imposed under the following two conditions: If the hives are situated more than 200 feet from a property line. If the adjoining property is undeveloped land. Keeping of Bees Ellington, Connecticut Minimum Lot Size: The keeping of bees shall be allowed on any property greater than or equal to 30,000 square feet. Setbacks & Permitting Requirements: Beehives shall be a minimum of 10 feet from all property lines or conform to the setback requirements of the underlying zone, whichever is greater and shall be a minimum of 25 feet from any dwelling on abutting properties. ZONING REGULATIONS FOR LIVESTOCK: BEST PRACTICES 27 Page 87 of 301

88 SECTION 5 sample ordinance Other Livestock Wethersfield, Connecticut The town of Wethersfield allows for the keeping of pets and livestock on residential property greater in area than 8,000 square feet. The provisions of Section 3.5 of the zoning regulations establish the requirements for pets and livestock. The town has created this guide in an effort to summarize the requirements of these regulations for individuals interested in keeping pets and/or livestock on their property. What Is Considered Livestock? The term livestock includes horses, cows, sheep, goats, hens, rabbits and similar animals. What Is Considered a Livestock Unit? A livestock unit is defined as follows: one horse, cow or similar large animal whose mature weight exceeds 500 pounds; three sheep, goats or similar medium-size animals whose mature weight is between 30 and 500 pounds; or fifteen hens, rabbits or similar small animals whose mature weight is less than 30 pounds. Livestock Allowed by Zoning Permit Approval Issued by the Zoning Enforcement Official Livestock is allowed (following the permit approval process by the zoning enforcement official) on residential premises solely for the personal use of the occupants or when accessory to a farm, under the following conditions: An appropriate permanent shelter shall be provided for all livestock and such shelter shall be located at least: 100 feet from the street line, 50 feet from a rear property line, 25 feet from a side property line, and 100 feet from a reservoir, pond, or watercourse. All manure shall be: Kept in a covered, water-tight pit or chamber as approved by the Wethersfield Health Department. Removed at least once a week during the period from May 1st to October 1st and during the other months at intervals sufficiently frequent to maintain a condition which is sanitary and free from offensive odors to the satisfaction of the Director of Health. Located at least 100 feet from any street line and 50 feet from any lot line. Visually screened from the street or any neighboring lot. Any pre-existing non-conforming fence for confining livestock may be repaired, maintained or replaced. Additional regulations of the Public Health Code, the Department of Energy and Environmental Protection, the Connecticut Department of Agriculture, and the Connecticut General Statutes may apply. The keeping of livestock may include raising, breeding, instructing, training, sales, boarding, riding, driving and other similar uses. The keeping of bees is permitted in conjunction with a residence. All livestock shall be confined in keeping areas with adequate fencing located at least 25 feet from any lot line. 28 ZONING REGULATIONS FOR LIVESTOCK: BEST PRACTICES Page 88 of 301

89 SECTION 5 The keeping of bees is permitted in conjunction with a residence. ZONING REGULATIONS FOR LIVESTOCK: BEST PRACTICES 29 Page 89 of 301

90 SECTION 6 Contact an Expert Directory Several state and federal agencies across Connecticut have been given the authority to regulate agriculture and the keeping of livestock. Staff in these agencies are experts and are available to assist farmers and municipalities. Contact one of the experts listed below when questions arise concerning issues related to the keeping of livestock. Generally Accepted Agricultural Practices CT Department of Agriculture (860) Water Quality and Wetlands CT Department of Energy and Environmental Protection (860) USDA Natural Resources Conservation Service (860) Animal Health and Husbandry CT Department of Agriculture (860) University of CT Extension (860) Horse Environmental Awareness Program programs/rc&d/km_ heap-program.html University of CT Extension Equine Specialist (860) (equine extension program) Bees: CT Agricultural Experiment Station (203) Manure Management Note: Fly issues associated with manure management should be referred to the Connecticut Department of Agriculture first for assessment and resolution of the issue. The DOA will assist the local or district health department official when evaluating a manure management practice and/or fly issue that may be within their legal jurisdiction. CT Department of Agriculture (860) CT Department of Energy and Environmental Protection (860) University of CT Extension (860) USDA Natural Resources Conservation Service (860) CT Conservation Districts General Site Suitability USDA Natural Resources Conservation Service: (860) CT Conservation Districts General Farm Resources CT Farm Bureau Association: (860) CT Resource Conservation and Development (860) CT Conservation Districts Regional Councils of Government IGPP-MAIN/Responsible- Growth/Regional-Planning- Organizations-RPO Lower CT River Valley Regional Agricultural Council (860) Northeast Organic Farming Association of CT (203) ZONING REGULATIONS FOR LIVESTOCK: BEST PRACTICES Page 90 of 301

91 Appendix A Selected Connecticut General Statutes** Definition of Agriculture, Farming and Farm: CGS 1-1(q) 1-1. Words and phrases. (q) Except as otherwise specifically defined, the words agriculture and farming shall include cultivation of the soil, dairying, forestry, raising or harvesting any agricultural or horticultural commodity, including the raising, shearing, feeding, caring for, training and management of livestock, including horses, bees, poultry, fur-bearing animals and wildlife, and the raising or harvesting of oysters, clams, mussels, other molluscan shellfish or fish; the operation, management, conservation, improvement or maintenance of a farm and its buildings, tools and equipment, or salvaging timber or cleared land of brush or other debris left by a storm, as an incident to such farming operations; the production or harvesting of maple syrup or maple sugar, or any agricultural commodity, including lumber, as an incident to ordinary farming operations or the harvesting of mushrooms, the hatching of poultry, or the construction, operation or maintenance of ditches, canals, reservoirs or waterways used exclusively for farming purposes; handling, planting, drying, packing, packaging, processing, freezing, grading, storing or delivering to storage or to market, or to a carrier for transportation to market, or for direct sale any agricultural or horticultural commodity as an incident to ordinary farming operations, or, in the case of fruits and vegetables, as an incident to the preparation of such fruits or vegetables for market or for direct sale. The term farm includes farm buildings, and accessory buildings thereto, nurseries, orchards, ranges, greenhouses, hoophouses and other temporary structures or other structures used primarily for the raising and, as an incident to ordinary farming operations, the sale of agricultural or horticultural commodities. The term aquaculture means the farming of the waters of the state and tidal wetlands and the production of protein food, including fish, oysters, clams, mussels and other molluscan shellfish, on leased, franchised and public underwater farm lands. Nothing herein shall restrict the power of a local zoning authority under chapter 124. Definition of Livestock: CGS Orders and regulations for control of livestock diseases. For the purposes of this chapter livestock is defined as any camelid or hooved animal raised for domestic or commercial use. The Commissioner of Agriculture is authorized, subject to sections to 4-174, inclusive, to make orders and regulations concerning the importation, transportation, trailing, riding, driving, exhibiting, examining, testing, identification, quarantining or disposing of livestock to prevent the spread of contagious and infectious diseases among livestock and to protect the public from such diseases as may be transmissible to human beings, either directly or through the products of such animals, and orders and regulations for the conservation of livestock the products from which are used for food or clothing. The commissioner shall give notice of any such order to any person named therein by leaving a copy of such order with, or at the last-known place of abode of, such person, if a resident of the state; if not a resident of the state, by leaving a copy with, or at the last-known place of abode of, an agent of such person, or the person having custody continued next page ZONING REGULATIONS FOR LIVESTOCK: BEST PRACTICES 31 Page 91 of 301

92 APPENDIX A Definition of Livestock, continued of the animals described in such order, if within the state, or by forwarding a copy of such order by registered or certified mail addressed to the last-known address of the person named therein. The commissioner, in case of emergency, may give notice of any regulation limiting or prohibiting the importation, transportation, trailing, riding, driving, exhibiting or disposing of livestock on any highway by publishing a copy of such regulation in a newspaper published or having a substantial circulation in the town in which the highway affected by such regulation may be located. The commissioner shall give notice of any such order or regulation to any common carrier named therein or affected thereby by leaving a copy of such order or regulation with the president, secretary or treasurer of the company acting as common carrier, or by leaving a copy with any person or firm acting as a common carrier, or at the last-known residence of any such person or a member of such firm in charge of any office of such carrier. The commissioner is authorized to employ assistants needed to enforce any such order or regulation. Any person or any officer or agent of any corporation who violates any provision of any such order or regulation, or who obstructs or attempts to obstruct the commissioner or any assistant engaged in the discharge of any duty hereunder, may be fined not more than one hundred dollars or may be assessed an administrative civil penalty in accordance with section Definition of Poultry: CGS s s (5) Poultry means any species of domestic fowl, including, but not limited to, chickens, turkeys, ostriches, emus, rheas, cassowaries, waterfowl and game birds raised for food production, breeding, exhibition or sale. Damage by Dog to Domestic Animals or Poultry: CGS Damage by dog to domestic animals or poultry. (a) When any person sustains damage by dogs to such person s sheep, goats, horses, hogs, cattle, poultry or domestic rabbits kept in enclosures as described in subsection (f) of this section, such person shall report such damage to the chief administrative officer of the town in which such damage was sustained, or the chief administrative officer s agent, or, if such damage was sustained on land located in two or more towns, such person shall report such damage to such authority of either of such towns. Upon receiving such report, the authority, with the person claiming to have sustained such damage, shall estimate the amount of such damage, including expenses of veterinary care, the fair monetary value of the animals or poultry killed, injured or damaged by such dogs and burial expenses for the animals or poultry killed by such dogs. If such authority and the person claiming to have sustained such damage are unable to agree as to the amount thereof, they shall choose some disinterested third person to assist in estimating the damage. Information required by this subsection shall be given within twenty-four hours after the person claiming under this section has or should have had knowledge of the same or, if the intervention of a Sunday or holiday prevents the reporting thereof, on the next succeeding business day. No claim for such damages shall be allowed to any person (1) who owns, keeps or has in possession any unlicensed dog, (2) whose employee, living on the premises, keeps an unlicensed dog which is six months of age or over, or (3) who fails to report such damage within the time limited by this section. The burden of proving the allegations of any claim under this section shall be on the person claiming under this section. 32 ZONING REGULATIONS FOR LIVESTOCK: BEST PRACTICES Page 92 of 301

93 APPENDIX A (b) The amount of damage agreed upon or estimated by any two of such three persons shall be paid by such town, and the town may recover such amount, when paid, with the compensation of such disinterested third person, from the owners, keepers or harborers of such dogs, if such persons are the residents of the town. If the owners, keepers or harborers of such dogs are not residents of the town in which the damage has been done, the town paying the damage may recover such damage and compensation from the town or towns where such owners, keepers or harborers reside, unless such owners, keepers or harborers, or such town or towns, on notice, pay to the treasurer of the town which paid such damage the amount of such damage and compensation. Any town which is obliged to pay any such damage may recover the amount thereof from the owners, keepers or harborers of the dogs doing such damage. (c) When additional or increased damages are claimed to sheep, goats, horses, hogs, cattle, poultry or domestic rabbits, which damages were not apparent at, and accrued subsequent to, the first appraisal of damage, a supplemental notice of such claim for additional damage may be given to such authority at any time within thirty days from the discovery of the original damage. The supplemental notice of claim shall set forth the facts upon which such claim is based. The claim shall be made to such authority and shall be acted upon in the manner provided in subsections (a) and (b) of this section. (d) Any authority who has received notice pursuant to the provisions of this section and within a period of fifteen days after receiving such notice, fails to estimate the amount of such damage, or if such authority is unable, within a period of five days, to agree with the person claiming to have sustained such damage as to the amount thereof, or fails to agree with such person on a disinterested third person to assist in estimating such damage, or if such authority and such person agree on such disinterested third person and two of such three persons fail to agree as to the amount of such damage, the person who claims to have sustained damage may institute a civil action against the town in which the damage was sustained for the recovery of such damage. No such action shall be maintained unless brought within one year from the date the damage was sustained. (e) When the selectmen, town manager or other chief executive officer of the town receives notice from any person claiming to have sustained damage by dogs to his sheep, goats, horses, hogs, cattle, poultry or domestic rabbits in excess of one hundred dollars, such authority shall, within twenty-four hours, report the same to the commissioner for investigation and shall call upon the commissioner or his agent to act for the town in appraising the damage as provided in subsections (a), (b), (c) and (d) of this section. The fact that said commissioner or his agent has acted for such authority shall not bar an action for the recovery of the damage as provided in subsection (d) of this section. (f) Sheep, goats, horses, hogs, cattle, poultry and domestic rabbits shall be confined or shall be enclosed by a fence or wall of material and height sufficient to restrain them from roaming. In any case in which any town has paid an amount in excess of one hundred dollars for such damage to the owner of any such animal or poultry, and the amount of such damage cannot be collected from the owners, keepers or harborers of such dogs, the selectmen, town manager or other chief executive officer of such town, city or borough shall forward to the commissioner a statement of the facts, showing the amount so paid, and the State Treasurer, at the request of the commissioner, shall reimburse such town, city or borough for the amount of such damage, from the funds received by the state under the provisions of this chapter. ZONING REGULATIONS FOR LIVESTOCK: BEST PRACTICES 33 Page 93 of 301

94 APPENDIX A Damage Caused by Roaming Poultry: CGS a a. Damage by domestic fowls. Any owner or keeper of domestic fowls who allows them to trespass upon the premises of another person shall be liable to the owner or occupant of such premises for all damage done by such fowls. (This is a seldom used law in the Civil Actions section of the statutes) Right-to-Farm: CGS 19a a-341. Agricultural or farming operation not deemed a nuisance; exceptions. Spring or well water collection operation not deemed a nuisance. (a) Notwithstanding any general statute or municipal ordinance or regulation pertaining to nuisances to the contrary, no agricultural or farming operation, place, establishment or facility, or any of its appurtenances, or the operation thereof, shall be deemed to constitute a nuisance, either public or private, due to alleged objectionable (1) odor from livestock, manure, fertilizer or feed, (2) noise from livestock or farm equipment used in normal, generally acceptable farming procedures, (3) dust created during plowing or cultivation operations, (4) use of chemicals, provided such chemicals and the method of their application conform to practices approved by the Commissioner of Environmental Protection or, where applicable, the Commissioner of Public Health, or (5) water pollution from livestock or crop production activities, except the pollution of public or private drinking water supplies, provided such activities conform to acceptable management practices for pollution control approved by the Commissioner of Environmental Protection; provided such agricultural or farming operation, place, establishment or facility has been in operation for one year or more and has not been substantially changed, and such operation follows generally accepted agricultural practices. Inspection and approval of the agricultural or farming operation, place, establishment or facility by the Commissioner of Agriculture or his designee shall be prima facie evidence that such operation follows generally accepted agricultural practices. (b) Notwithstanding any general statute or municipal ordinance or regulation pertaining to nuisances, no operation to collect spring water or well water, as defined in section 21a-150, shall be deemed to constitute a nuisance, either public or private, due to alleged objectionable noise from equipment used in such operation provided the operation (1) conforms to generally accepted practices for the collection of spring water or well water, (2) has received all approvals or permits required by law, and (3) complies with the local zoning authority s time, place and manner restrictions on operations to collect spring water or well water. (c) The provisions of this section shall not apply whenever a nuisance results from negligence or wilful or reckless misconduct in the operation of any such agricultural or farming operation, place, establishment or facility, or any of its appurtenances. Sec. 19a-341a. Maintenance of swine gestation and farrowing barn. Permissible location. Notwithstanding any provision of the general statutes or the regulations of Connecticut state agencies, a swine gestation and farrowing barn maintained on property which has been in continuous use as a farm for not less than fifty years may continue to be maintained provided such barn is no closer than two hundred feet from any inhabited house located upon the property other than that of the proprietor of such barn. 34 ZONING REGULATIONS FOR LIVESTOCK: BEST PRACTICES Page 94 of 301

95 APPENDIX A Powers of Commissioner: CGS 22-4c 22-4c. Powers of commissioner. Recording and transcription of hearings. Payment of related costs or expenses. (a) The Commissioner of Agriculture may: (4) provide an advisory opinion, upon request of any municipality, state agency, tax assessor or any landowner as to what constitutes agriculture or farming pursuant to subsection (q) of section 1-1, or regarding classification of land as farm land or open space land pursuant to sections b to f, inclusive; Fencing: CGS 47-43, and Proprietors to maintain. The proprietors of lands shall make and maintain sufficient fences to secure their particular fields. Within cities and adjacent to house lots, a tight board fence four and one-half feet high, an open picket fence four feet high, the opening between pickets not to exceed four inches, or a slat rail fence four feet high, the opening between slats not to exceed six inches, the lower slat not over six inches from the ground, a fence not less than four feet high of chain link galvanized wire not smaller than number nine gauge supported upon galvanized tubular steel posts set in concrete, all end and corner posts to be suitably braced, and all to be substantially erected, or any other fence which in the judgment of the selectmen or other officials charged with the duty of fence viewers is equal thereto, shall be a sufficient fence; in places outside of incorporated cities, a rail fence four and one-half feet high, a stone wall four feet high, suitably erected, a wire fence consisting of four strands not more than twelve inches apart, stretched tightly, the lower strand not more than twelve inches and the upper strand not less than four feet from the ground, with good substantial posts not more than sixteen feet apart, and any other fence which in the judgment of the selectmen is equal to such a rail fence, shall be a sufficient fence. Adjoining proprietors shall each make and maintain half of a divisional fence, the middle line of which shall be on the dividing line, and such fence shall not exceed in width, if a straight wood fence or hedge fence, two feet; if a brick or stone fence, three feet; if a crooked rail fence, six feet; and, if a ditch, eight feet, not including the bank, which shall be on the land of the maker. No ditch shall be made adjacent to a house lot without the consent of the owner of the house Barbed wire between adjoining premises or enclosing grounds of public buildings. No person shall use barbed wire in the construction of fences, or have barbed wire upon existing fences, between his own premises and those of an adjoining proprietor, within twenty-five rods of any house or barn belonging to such proprietor, unless either premises are used in connection with raising livestock, without first obtaining his written consent. No barbed wire shall be used in the construction of fences, or retained upon existing fences, connected with or enclosing the grounds of any public school or public building, except a Department of Transportation storage facility or a vessel operations area of a stateowned waterfront facility or aircraft operations area of a state-owned airport. Any person who violates any provision of this section shall be fined not more than one hundred dollars Barbed wire along sidewalks. No barbed wire shall be installed along any sidewalk unless it is at least six and one-half feet above the ground. Any barbed wire in use in conformity with section 7156 of the general statutes, revision of 1949, on October 1, 1957, may be continued in use. ZONING REGULATIONS FOR LIVESTOCK: BEST PRACTICES 35 Page 95 of 301

96 APPENDIX A Discharge into State Waters: CGS 22a a-430. (Formerly Sec i). Permit for new discharge. Regulations. Renewal. Special category permits or approvals. Limited delegation. General permits. (This statute provides DEEP with the authority to regulate discharge or run-off of substances such as manure and silage leachate that serve as a source of pollution and to issue orders for abatement. Due to its length, this statute has not been reproduced in this list.) Local and Regional Agricultural Councils: CGS (v) 7-131v. Local and regional agricultural councils. (a) Any municipality may, by vote of its legislative body or, in a municipality where the legislative body is a town meeting, by vote of the board of selectmen, establish a local agricultural council to: (1) Provide information to local farmers and to municipal boards and commissions about the benefits of a balance between agriculture and other land uses; (2) educate municipal officials about agricultural laws and safety issues; (3) identify grant sources for farmers and municipalities; (4) enable a common understanding of agriculture among all municipal departments; (5) provide information and guidance about zoning issues relating to agriculture; (6) support local, regional and state vocational agricultural programs concerning agricultural matters; (7) provide conflict resolution and advisory services; (8) identify innovative opportunities for agriculture; and (9) create a climate that supports the economic viability of agriculture in the municipality. (b) Any two or more municipalities may form a regional agricultural council for the purposes set forth in subsection (a) of this section by vote of the legislative body or, in a municipality where the legislative body is a town meeting, by vote of the board of selectmen, of each municipality. Department of Agriculture statutes and regulations pertaining to animal and poultry disease control, the quality and safety of animal and poultry derived foods, and state statutes enforced by the Department regarding animal cruelty are not included in this list of statutes and regulations. 36 ZONING REGULATIONS FOR LIVESTOCK: BEST PRACTICES Page 96 of 301

97 Appendix B Connecticut Public Health Code Definition of Nuisance B1. Conditions specifically declared to constitute public nuisances The following conditions are specifically declared to constitute public nuisances: (a) Bakeries, restaurants and other places where food is prepared or served that are not kept in a clean and sanitary condition; or in which persons who have any communicable disease are employed; or for which suitable toilet facilities are not provided; or in which there is evidence that rats, mice or vermin are present. (b) Spoiled or diseased meats, whether exposed and offered for sale or being transported or kept for sale. (c) Barns or stables, hogpens, chicken yards or manure piles or accumulations of organic material so maintained as to be a breeding place for flies. (d) The discharge or exposure of sewage, garbage or any other organic filth into or on any public place in such a way that transmission of infective material may result thereby. (e) Privies not screened against flies in populous districts and privies likely to pollute the ground or surface water from which water supply is obtained. (f) Transportation of garbage, night soil or other organic filth except in tight, covered wagons which prevent leakage or access of flies. (g) Stagnant water likely to afford breeding places for mosquitoes within a residential district or within a distance of one thousand feet there from. (h) Bone boiling, fat rendering establishments, or tallow or soap works, or other trades, when they can be shown to affect public health or produce serious offense. (i) Buildings or any part thereof which are in a dilapidated or filthy state. Director of Health Authority in Nuisance Abatement B2. Abatement of nuisance (a) Any local director of health, upon information of the existence of a nuisance or any pollution occurring within his jurisdiction, or when any such nuisance or pollution comes to his attention, shall, within a reasonable time, investigate and, upon finding such nuisance or pollution exists, shall issue his order in writing for the abatement of the same. (b) Such order shall specify the nature of such nuisance or pollution and shall designate the time within which such abatement or discontinuance shall be accomplished; and if such order is not complied with within the time specified, the facts shall be submitted to the prosecuting authority. Copies of all orders shall be kept on file by the director of health in his office and copies of the same shall be furnished the state commissioner of health on request. ZONING REGULATIONS FOR LIVESTOCK: BEST PRACTICES 37 Page 97 of 301

98 APPENDIX B Pigs and Carcass Disposal B23. Keeping of animals (a) No pigsty shall be built or maintained on marshy ground or land subject to overflow, nor within three hundred feet of any inhabited house or public meeting house upon property other than that of the proprietor of the pigsty. (b) The carcass of any dead animal not killed for food shall be removed and disposed of within twenty-four hours after death by burial, incineration or other method approved by the local director of health. Manure Disposal in Populous Districts B21. Garbage and refuse (b) In populous districts stable manure shall be kept in a covered water-tight pit or chamber and shall be removed at least once a week during the period from May first to October first and during the other months at intervals sufficiently frequent to maintain a sanitary condition satisfactory to director of health. Manure on farms or isolated premises other than dairy farms need not be so protected and removed unless ordered by the director of health. 38 ZONING REGULATIONS FOR LIVESTOCK: BEST PRACTICES Page 98 of 301

99 Creating and Revising Zoning Regulations for Livestock CHECKLIST FOR LAND USE ADMINISTRATORS AND COMMISSION MEMBERS Why is it Important to Understand Land Use and Agriculture? Other than backyard hobbyists, agriculture is a multi-million-dollar economic sector in Connecticut employing thousands of residents. Support for expansion and proactive awareness Connecticut s agriculture business sector, including livestock, is critical to Connecticut s economy, food security and sustainable future. Understanding Agriculture Assign a Commission Member or Committee to research information on agriculture in the municipality and region Consult Connecticut State Statutes. Utilize this Livestock Guide for Resources Review Town Ordinances and Right to Farm Ordinances Rely on the Experts Connecticut Department of Agriculture USDA Natural Resources Conservation Service AGvocate website sources UConn Extension Connecticut Farm Bureau Association Public Outreach and Engagement Schedule an open forum where local farmers, small plot livestock owners, FFA and 4H members and advisors, and the non-farming community can come together to share ideas and provide input to local land use officials and the zoning commission on draft regulations for the keeping of livestock. Consult with the local agricultural commission or regional agricultural council. Invite experts from UConn Extension, the Connecticut Department of Agriculture, the USDA Natural Resources Conservation Service and Connecticut Farm Bureau Association. Schedule follow-up forums where comments can be received on the draft regulations before going to public hearing. ZONING REGULATIONS FOR LIVESTOCK: BEST PRACTICES 39 Page 99 of 301

100 Drafting Recommendations Avoid regulating types of livestock, health codes or animal density. Create regulations that provide for site review toward setbacks for structures, fencing and natural resource protection. Definitions for Livestock: Ensure the municipal land use regulations are consistent with Connecticut statutes: Look at your Geography Use digital geographic information (GIS) to identify areas of concern within your municipality: aquifers, source drinking water areas, riverine and wetland protection areas, lake quality management, coastal management, transportation and freight, housing density, etc. If your municipality does not have GIS data, ask your representative Council of Governments and/or University of Connecticut Center for Land Use Education and Research: Consider an overlay zone technique to identify areas to separate areas of agriculture/ livestock regulation, such as: designated areas for administrative site plan review and areas for land use commission review by permit. (see pages 3A 4A) Regulating no-or-low impact areas versus high impact areas for agriculture/livestock. Examples: High Density Housing Areas: A commission site plan review to review compliance with municipal zoning or subdivision regulations for livestock near high density housing. Cross reference agriculture in other areas of POCD, Zoning Code, Inland Wetland Regulations and Subdivision. Where new conflicting uses are anticipated adjacent to established agriculture uses, consider regulations for site plan criteria that provide for a natural undisturbed vegetative buffer between the new land use and the existing agricultural use. Subdivisions which provide for enhanced buffers during permit review would ensure compatibility near livestock area. The onus to provide an undisturbed natural vegetative buffer should fall on the new land use and not the existing livestock operation. Advocacy Support designation or hiring of an ombudsman who has a background in planning, zoning, conservation and enforcement with an expertise in current agricultural practices to support land use. 40 ZONING REGULATIONS FOR LIVESTOCK: BEST PRACTICES Page 100 of 301

101 Notes ZONING REGULATIONS FOR LIVESTOCK: BEST PRACTICES 41 Page 101 of 301

102 Notes 42 ZONING REGULATIONS FOR LIVESTOCK: BEST PRACTICES Page 102 of 301

103 Page 103 of 301

104 78 Beaver Road Wethersfield CT Page 104 of 301

105 1. Delete Add the included definitions 3. Add new regulations as 8.27 AGRICULTURE-RELATED TERMS: AGRICULTURE: Except as otherwise specifically limited in these Regulations, the words agriculture and farming shall include cultivation of the soil, dairying, forestry, raising or harvesting any agricultural or horticultural commodity, including the raising, shearing, feeding, caring for, training and management of livestock, including horses, bees, poultry, fur-bearing animals and wildlife, and the raising or harvesting of oysters, clams, mussels, other molluscan shellfish or fish; the operation, management, conservation, improvement or maintenance of a farm and its buildings, tools and equipment, or salvaging timber or cleared land of brush or other debris left by a storm, as an incident to such farming operations; the production or harvesting of maple syrup or maple sugar, or any agricultural commodity, including lumber, as an incident to ordinary farming operations or the harvesting of mushrooms, the hatching of poultry, or the construction, operation or maintenance of ditches, canals, reservoirs or waterways used exclusively for farming purposes; handling, planting, drying, packing, packaging, processing, freezing, grading, storing or delivering to storage or to market, or to a carrier for transportation to market, or for direct sale any agricultural or horticultural commodity as an incident to ordinary farming operations, or, in the case of fruits and vegetables, as an incident to the preparation of such fruits or vegetables for market or for direct sale. For the purposes of these regulations the term agricultural also includes the use of horses for riding, pulling, training, lessons, showing, and other similar uses, but only when such uses are incidental to the raising and/or boarding of horses on the same lot. AGRICULTURAL BUILDINGS AND STRUCTURES: Buildings or other structures used in connection with agriculture, including shelter for livestock and storage for farm machinery, equipment and supplies. AGRICULTURAL BUILDING, SPECIALIZED: A building used for (a) processing or packaging of farm products or by-products produced on the premises; (b) shelter for more than one hundred (100) cattle or pigs, 50 horses, or 20,000 fowl; or (c) workplaces for more than five (5) non-family employees. AGRICULTURAL COMMODITY: Same meaning as Farm products. AQUACULTURE: The term aquaculture means the farming of any waters and/or wetlands and the production of plant or protein food, including fish, oysters, clams, mussels and other molluscan shellfish. Aquaculture includes, without limitation, outdoor and/or indoor hatcheries, aquaponics, and hydroponics. Page 105 of 301

106 FARM: A tract of land used, principally, for agriculture, with or without an associated single-family dwelling. In zoning districts in which a farm is allowed, both the agricultural activities and any single-family dwelling that may exist shall be deemed to be permitted, joint principal uses. FARM, ACCESSORY DWELLING UNIT: An accessory dwelling unit on a Home or Commercial Farm that is used by a caretaker of the farm and/or livestock on the farm. FARM, COMMERCIAL: A farm producing farm products for sale by wholesale, or for sale at locations (not including Farmers Markets) other than the farm property on which they were produced. An IRS Schedule F 1040 form shall be filed annually and approved by the assessor in order to be considered a farm. FARM, HOME: A farm producing farm products, principally for the use, consumption or education of the residents of the property. A minimum of three (3) acres is required for a Home Farm. Roosters are not permitted on Home Farms. FARM PRODUCTS: Any products of agriculture, including fruits; vegetables; mushrooms; nuts; shell eggs; honey or other bee products; maple syrup or maple sugar; flowers; nursery stock; Christmas trees; other horticultural commodities; livestock food products, including meat, milk, cheese and other dairy products; food products of aquaculture, as defined above, including, but not limited to, all plant food, fish, oysters, clams, mussels and other molluscan shellfish; products from any tree, vine or plant and their flowers; or any such products that have been processed by a farmer, including, but not limited to, baked goods made with farm products. FARMERS MARKET: A for-profit or nonprofit cooperative, enterprise, or association that regularly occupies a given location, and that operates principally as a common marketplace for a group of farmers, at least two of whom are selling Connecticut-grown fresh produce, to sell Connecticut-grown farm products directly to consumers. FARM STAND, SEASONAL: A building or other structure from which agricultural products, produced on the owner s premises in Ledyard are sold, in accordance with Section FARM STORE: Retail sales of farm products, the majority of which are produced in Ledyard. HOME HUSBANDRY: The non-commercial cultivation and production of edible crops or certain permitted livestock and/or poultry as an accessory use of the home and for the benefit of its residents, in accordance with Section Agriculture Page 106 of 301

107 A. Purpose: Preserving the Town s existing farms and encouraging new farming activities are strong goals of the Town. Ledyard s farms are central to the community s rural image and overall value by providing many obvious benefits such as providing tax revenue with little demand on Town services; providing wildlife habitats and tracts of open space, essential to maintaining the high quality of life enjoyed by Town residents; and by providing local produce, meat and dairy products year round. The purpose of these regulations is to clearly define agriculture and to promote the economic and operational viability of existing agricultural operations while facilitating and promoting new operations. B. Agriculture is permitted in Residential and Commercial Zoning Districts as a principal use or in addition to any existing permitted principal use. C. Application Requirements. The following activities/uses require a Zoning Permit and/or Commission Review: (1) The establishment of a new agricultural principal use as defined in 2.2 (2) The expansion or modification of an existing farm/agricultural operation (3) The construction of any new structures on a property (4) Accessory uses and activities specifically identified in D(1-6); and (5) Any other use/activity specifically identified as requiring a permit. D. Agriculture Uses. (1) Setbacks: a. No livestock, horses, or poultry are allowed to be housed or permitted to graze within 100 feet of any property line. b. No building or structure other than a dwelling or display and sales area is permitted within 75 feet of any property line. (2) All animal wastes should be properly stored and disposed of in a manner to maintain sanitary and nuisance free conditions satisfactory to the Director of Health. Manure should be removed from the site or composted. Any compost piles must be located a minimum of 200 feet from a lot line and any areas where manure is stored or composted must be visually screened from dwellings on adjacent lots. (3) CT Public Health Code: Nothing in this section diminishes the property owner s separate responsibility for addressing compliance with the keeping of livestock and storage and disposal of waste under the State of Connecticut Public Health Code. (4) The living quarters of livestock, poultry, and similar animals, and the handling and disposal of solid and liquid wastes must not create a public health hazard or nuisance, or have an adverse effect on the environmental quality of the surrounding area and the community in general. (5) All animals shall be suitably and adequately confined or controlled at all times. (6) Proper drainage shall be provided to avoid collection of water. Water shall be diverted from animal keeping areas; however, such water shall not be allowed to pollute surface or subsurface water supplies. Page 107 of 301

108 E. Commercial Farm Accessory Uses (Ag-tivities, tourism, retail). The following activities are considered to be accessory to an established commercial farm. For accessory uses and activities that may currently or in the future involve outdoor events, retail sales, and/ or potential traffic generating activities, a Zoning Permit and/or Commission review is required. (1) Agricultural Tourism. The opening to the public of a working farm or any agricultural, horticultural or agribusiness operation for the purpose of enjoyment, education, or active involvement in the activities of the farm or operation. A site plan review by the Commission shall be required when agricultural tourism is to be conducted on any parcel six or more times in any calendar year, or when any agricultural tourism event may reasonably be expected to require parking on any single day for ten or more motor vehicles used by agricultural tourists. Otherwise, agricultural tourism requires only a zoning permit. (2) Ag-tivities. Events of limited duration on a farm that are incidental to agricultural uses, including, but not limited to, hayrides, corn mazes, festivals and other similar activities; onfarm sales such as farm stands and pick-your-own operations, retailing farm and farm related products (farm store); recreational and/or competitive equine enterprises, and on farm processing operations provided they comply with all applicable state and municipal health codes. A site plan review by the Commission shall be required when Ag-tivities are to be conducted on any parcel six or more times in any calendar year, or when any Agtivities may reasonably be expected to require parking on any single day for ten or more motor vehicles used by visitors to the farm. Otherwise, Ag-tivities require only a zoning permit. (3) Non-agriculturally Related Uses. a. Activities that are part of an agricultural operation s overall offerings, but are not incidental to agriculture, or tied to agricultural buildings, structures, equipment, and/or fields. Such uses may include, but are not limited to, fee-based outdoor recreation such as bird watching, snowshoeing, and other passive recreational activities. A site plan review by the Commission shall be required when such uses may reasonably be expected to require parking for ten or more motor vehicles used by visitors to the farm. Otherwise, such uses require only a zoning permit. b. Small Event for uses such as, but not limited to, retreats, workshops, classes (i.e. yoga, canning, wool dying etc.) are permitted by site plan review by the Commission, but no outdoor events or amplified music are permitted and the events shall be limited to less then ten motor vehicles. c. Event Barns to be used for large-scale events, or any events in which the use of amplified music is planned or anticipated, or greater than 10 motor vehicles are expected require a Special Permit. In order to satisfy Page 108 of 301

109 the conditions of a Special Permit with respect to noise, the Commission may limit the number of events per year and/or prohibit the use of amplified music outdoors. The Commission may impose additional restrictions on the use if it determines, after a hearing for which the owner of the farm is given written notice that the noise levels are causing a nuisance to nearby properties. (4) Seasonal Roadside Stand and Farm Stores a. Roadside Farm Stands are permitted in all districts in accordance with Section 8.14 of these Regulations and require a zoning permit only. b. Farm Stores of any size require a special permit in residential districts and site plan approval in all others. (5) Farm Accessory Dwelling Units. A legally existing farm which contains an occupied primary residence and has >4 livestock or > 10 acres of parcel space actively used for a farming activity may have a single accessory dwelling to be occupied by a full- or part-time caretaker. The unit shall be occupied only by an individual responsible for caretaking of the farming activities on the parcel and not involved in caretaking of the primary residence or it s occupants. The accessory dwelling unit must comply with all regulations in 8.1 Accessory Apartments, except that the dwelling unit may be detached from the primary residence. F. Home Farm Accessory Uses (1) Seasonal Roadside Stand - Roadside Farm Stands are permitted in all districts in accordance with Section 8.14 of these Regulations and require a zoning permit only. (2) Farm Accessory Dwelling Units. A legally existing farm which contains an occupied primary residence and has >4 livestock or > 10 acres of parcel space actively used for a farming activity may have a single accessory dwelling to be occupied by a full- or part-time caretaker. The unit shall be occupied only by an individual responsible for caretaking of the farming activities on the parcel and not involved in caretaking of the primary residence or it s occupants. The accessory dwelling unit must comply with all regulations in 8.1 Accessory Apartments, except that the dwelling unit may be detached from the primary residence. G. Site Plan Requirements: All agriculture uses requiring a special permit shall provide the following (1) Expected maximum parking needs and corresponding parking spaces. Parking areas may be permeable or paved, and striped or not striped Page 109 of 301

110 (2) Compliance with statutory requirements for handicap parking and handicap signage (3) On-street parking is not required and not allowed (4) Sanitary facilities and the maximum number of expected daily visitors they will serve. Sanitary facilities may include porta-potties (5) Waste management provisions and how they are adequoate for the expected number of visitors and guests (6) Months, days, and hours of operation. (7) Exterior lighting for walkways and parking areas if any. The application shall show how the lighting will avoid unnecessary sky glow. (8) Permanent outdoor stages, pavilions and seating (9) Location and Noise. The location of outdoor events and activities associated with Agritourism and/or Ag-tivities on the farm shall take into consideration the current use of surrounding properties. The Commission and/or ZEO may require a specific separating distance and/or an appropriate buffer strip that screens any such activity from adjacent properties. (10) Signs shall be in accordance with 9.0 and 8.27 (11) Parking shall be in accordance with 10.0 H. Special Permit Standards for Event Barns and Large Events: (1) Wine tastings, weddings, catered events, meetings, conferences, parties, and workshops, shall end not later than 11:00 PM. (2) Music and amplified sounds for events shall not exceed 40 DBA at the property lines, shall be limited to three (3) days per week, and shall not be allowed after 11 PM. (3) The application will address the subject of odors produced by the brewery, winery, or equine activities that may drift off site. I. Home Husbandry. The keeping of certain livestock poultry for personal and/or educational non-commercial private home use where site-specific characteristics of a proposed area are compatible with such a use. Home husbandry shall be permitted as an accessory use to a residential use by zoning permit provided the following regulations are met: (1) Backyard poultry shall include chickens, ducks, turkeys, and other birds of similar mature size, but not guinea hens, peacocks, emus or ostriches. F (2) A property must be a minimum of sq ft to keep rabbits and a minimum of 2000 sqft to keep backyard poultry (3) Property which meets the minimum lot sizes may keep: a. 6 or fewer rabbits/10000 sq. ft. of lot size b. 8 or fewer poultry with no roosters (4) The storage and management of waste (e.g. a combination of manure and bedding) for backyard poultry shall be in accordance with the Public Health Code, as amended. In no case shall waste be located closer to property lines than Page 110 of 301

111 the minimum setback requirements for structures and enclosures for the keeping of backyard poultry and shall not exceed 2 cubic yards at any given time. (5) Rabbits and/or poultry kept for personal use shall be owned by residents or owners of the premises on which they are kept (6) Structures and Setbacks: a. An appropriate shelter and enclosure shall be provided for the keeping of rabbits and poultry. b. Setback distances between any shelter or enclosure housing livestock and/or poultry shall be a minimum of: seventy-five (75) feet from any well located on applicant property and abutting properties, seventy-five (75) feet from any street line, or behind rear Building Line if applicable, forty (40) feet from any property line, and, one hundred (100) feet from any house upon property other than the applicant s. c. Poultry and rabbits shall be penned and not allowed to free range, and be provided with the following yard and shelter space requirements d. Livestock and poultry shall have shelter space and yard space according to table 8.27A. Species not specifically listed may present alternative shelter and yard area proposals for commission approval. The application will be expected to bring relevant documentation demonstrating that the provided proposal will allow for the humane keeping of animals. J. Species Shelter Space Yard Space Other Rabbits 1 sqft/lb rabbit N/A 18 Headroom Chickens 3.5sqft/Hen 30 sqft/hen N/A Ducks 4 sqft/duck 40 sqft/duck Turkey 6 sqft/turkey 400 sqft/turkey Table Shelter Space Requirements for Home Husbandry (6) Site Suitability and Impact: In order to minimize potential adverse impacts, the following shall apply: a. Sites with slopes greater than 15% shall be avoided or improved to avoid heavy surface water runoff, soil erosion, sedimentation or hazardous conditions for keeping backyard poultry. b. Proper drainage shall be provided to avoidcollection of water. Water shall be diverted from poultry keeping areas; however, such water shall not pollute surface or subsurface water supplies nor shall runoff be directed to neighboring properties. (7) Periodic certification. (a) The nature and intensity of some types of home husbandry is likely to change over time. Page 111 of 301

112 (b) There are inherent difficulties of determining continued conformance with the home husbandry regulations. (c) It is important to determine if the home husbandry has evolved such that it is endangering public safety, health, convenience, or neighboring property values; and (d) It is necessary to know if the home husbandry is inactive or has been abandoned. A holder of a home husbandry special permit shall certify to the Zoning Official that the home husbandry use is continuing and in compliance with these regulations every two years. K. Signage. In addition to the signs allowed pursuant to 9.0 of these Regulations, a farm may have: (1) Agricultural Sign. One permanent free-standing or attached sign with an area no larger than 16 square feet per side, limited to two sides (no size limit applies to signs painted on a barn). Agricultural signs must comply with all other applicable standards specified in 9.0. (2) Seasonal Agricultural Sign. One temporary free-standing or attached sign associated with a farm stand, seasonal farm stand, or agriculturally related use. Such signs shall not have an area larger than 16 square feet per side, with a maximum of two sides. One seasonal agricultural sign per farm stand, seasonal farm stand, and/or agriculturally related use is allowed. One additional seasonal agricultural sign per every 300 feet of frontage on a public right-of-way on a farm parcel is also allowed. At no time, however, shall any farm have more than six seasonal agricultural signs. Seasonal agricultural signs shall meet all other applicable standards specified in 9.0. Page 112 of 301

113 Planning & Zoning Commission Town of Ledyard PROPOSED ZONING REGULATIONS REGARDING AGRICULTURAL USES ( AGRIBUSINESSES/ AGRI-TOURISM ) BOLD=NEW TEXT STRIKETHROUGH = DELETE TEXT 1. DELETE THE FOLLOWING INDIVIDUAL DEFINITIONS IN SECTION 2.2 (Definitions): FARM: A parcel of three (3) or more acres that may include principal and accessory buildings, used for agriculture and as an accessory use to the agricultural operations, the seasonal sale of agricultural or horticultural products produced on the parcel and on other local farms. A tract may consist of one or more lots under common ownership. FARMING or AGRICULTURE: The words agriculture and farming shall include cultivation of the soil, dairying, forestry, raising or harvesting any agricultural or horticultural commodity, including the raising, shearing, feeding, caring for, training and management of livestock, including horses, bees, poultry, fur-bearing animals and wildlife, and the raising or harvesting of oysters, clams, mussels, other molluscan shellfish or fish; the operation, management, conservation, improvement or maintenance of a farm and its buildings, tools and equipment, or salvaging timber or cleared land of brush or other debris left by a storm, as an incident to such farming operations; the production or harvesting of maple syrup or maple sugar, or any agricultural commodity, including lumber, as an incident to ordinary farming operations or the harvesting of mushrooms, the hatching of poultry, or the construction, operation or maintenance of ditches, canals, reservoirs or waterways used exclusively for farming purposes; handling, planting, drying, packing, packaging, processing, freezing, grading, storing or delivering to storage or to market, or to a carrier for transportation to market, or for direct sale any agricultural or horticultural commodity as an incident to ordinary farming operations, or, in the case of fruits and vegetables, as an incident to the preparation of such fruits or vegetables for market or for direct sale. The term farm includes farm buildings, and accessory buildings thereto, nurseries, orchards, ranges, greenhouses, hoop houses and other temporary structures or other structures used primarily for the raising and, as an incident to ordinary farming operations, the sale of agricultural or horticultural commodities. The term aquaculture means the farming of the waters of the state and tidal wetlands and the production of protein food, including fish, oysters, clams, mussels and other molluscan shellfish, on leased, franchised and public underwater farmlands.(cgs1-1q) 2. DELETE THE FOLLOWING SECTION 8.14 IN ITS ENTIRETY (NOTE: PROPOSED TO BE ADDED TO NEW SECTION 8.27): 8.14 Farm Stands A. Purpose. To allow the sale of seasonal agricultural and farm products grown on the farm where the Farm Stand is located or that is grown on other local farms. M:\PLANNING DEPARTMENT\AGRICULTURE\AgriculturalRegs ProposedDraft docx Page 113 of 301

114 B. Farm Stands, as defined in these regulations as an accessory building and accessory use to a farm, are permitted in accordance the Schedule of Permitted Uses, provided the following regulations are satisfied: (1) The building or structure is not to exceed a gross floor area of two hundred (200) square feet. (2) Farm stands shall be on private property setback at least ten (10) feet from the paved roadway surface, not in a right-of-way, and at least fifty (50) feet from any intersection. (3) No more than one (1) farm stand shall be permitted on a farm. (4) Signs shall be in accordance with 9.0. (5) Parking shall be in accordance with DELETE THE FOLLOWING SECTION 8.15 IN ITS ENTIRETY (NOTE: PROPOSED TO BE ADDED TO NEW SECTION 8.27): 8.15 Home Husbandry A. Purpose. To permit the keeping of certain types of livestock and/or poultry for personal and/or educational non-commercial private home use where site-specific characteristics of a proposed area are compatible with such a use. B. Applicants for a Home Husbandry special permit shall provide a copy of the application, sent by Certificate of Mailing mail, to abutting property owners, including a notice of the day, time, and location of the public hearing, at least 35 days prior to the scheduled hearing. The applicant, prior to or at the public hearing, shall provide a copy of the Certificates of Mailing (Proof of Mailing) to the Zoning Official. C. Home Husbandry shall be permitted as an Accessory Use in Residential Districts that are not farms provided following regulations are met: (1) A special permit is not required for the keeping of the following, which only require a zoning permit issued by the zoning official. (a) (b) 6 or fewer rabbits/10000 sq. ft. of lot size 8 or fewer poultry with no roosters (2) Additional special permit requirements: (a) No person shall keep or maintain livestock and/or poultry in Residential Districts that are not Farms without first obtaining a special permit from the Commission after a public hearing. Farms and farming are exempt from these Home Husbandry regulations. M:\PLANNING DEPARTMENT\AGRICULTURE\AgriculturalRegs ProposedDraft docx Page 114 of 301

115 (b) (c) Application for the special permit shall be made in writing by the owner of the land on which the livestock and/or poultry are to be kept and upon forms furnished by the Zoning Official. The Commission shall inspect (or have inspected) the premises before issuing a special permit to ensure that the land is capable of livestock and/or poultry keeping in accordance with the requirements of this Section. The Commission may consult with any agency as it deems appropriate for assistance in application review and property inspection. (3) Livestock and/or poultry kept for personal use shall be owned by residents or owners of the premises on which they are kept. D. Standards for Livestock and/or Poultry Keeping: (1) Confinement: (2) Setback: (3) Health: (a) An appropriate shelter shall be provided for the keeping of livestock and/or poultry. (b) An appropriate fly and rodent proof container or structure for manure and bedding waste storage shall be provided and maintained to prevent run-off to adjacent lots or to watercourses. (a) Setback distances between any shelter housing livestock and/or poultry shall be a minimum of: seventy-five (75) feet from any well located on applicant property and abutting properties, seventy-five (75) feet from any street line, or behind rear Building Line if applicable, forty (40) feet from any property line, and, one hundred (100) feet from any house upon property other than the applicant s. Setback distances for yard area shall be a minimum of twenty (20) feet from property lines. (b) The Commission may require greater setback distances if it deems it is necessary to help insure public welfare. (a) The living quarters of the livestock and/or poultry and the handling and disposal of solid and liquid wastes shall not create a public health hazard or have an adverse effect on the environmental quality of the surrounding area. (b) No condition shall be created that will adversely affect the performance of sewage disposal systems or water supplies located on the property or adjacent properties. (c) No persistent, offensive odors shall be detected off the premises. (4) Keeping Area. In addition to minimum lot size, the Commission shall use the following keeping area requirements as a guide in reviewing applications. Final determination of keeping area size will be made by the Commission to ensure that the activity will not create a public nuisance or health hazard. (a) Beef and Dairy Cattle: M:\PLANNING DEPARTMENT\AGRICULTURE\AgriculturalRegs ProposedDraft docx Page 115 of 301

116 (i) (ii) (iii) (b) Goats and Sheep: Minimum shelter space of ten (10) feet by twelve (12) feet per animal. Minimum yard space of five thousand (5,000) square feet per animal for exercise area. If no pasture, one (1) acre per animal. (i) Minimum shelter space of twenty (20) square feet per animal. (ii) Minimum yard space of two hundred fifty (250) square feet of feed lot or exercise area per head. (iii) If pastured, five (5) head per acre. (c) Horses (full size): (i) Minimum shelter space: ten (10) feet by ten (10) feet box stall per animal. (ii) One (1) full size horse per acre with supplemental hay and feed. (d) Horses (miniature): (e) Rabbits: (f) Swine: (i) Mini-barn or mini-shelter as appropriate. (ii) Three (3) miniature horses per acre with supplemental hay and feed. (i) Minimum shelter space of one (1) square foot per pound of rabbit. (ii) A thirty-six (36) by thirty-six (36) inch cage with eighteen (18) inches of headroom for, on average, a nine (9) pound rabbit. (i) Minimum shelter space of twenty (20) square feet per pig consisting of a roof and solid man-made floor (not earth). (ii) Minimum yard space of one hundred (100) square feet per pig. (iii) No keeping area permitted in wetland or alluvial soils. (g) Poultry Minimums a. From 20,000 square feet to 40,000 square feet, a limit of four (4) poultry animals. b. Greater than 40,000 square feet a limit of eight (8) poultry animals per acre. c. Poultry shall be penned and not allowed to run at large off the owner s property (free-range). (1) Laying Hens: (i) Floor area of three and one half (3.5) square feet per bird. (ii) Roosters are not allowed on a home husbandry permit. M:\PLANNING DEPARTMENT\AGRICULTURE\AgriculturalRegs ProposedDraft docx Page 116 of 301

117 (2) Ducks: (3) Geese: (4) Turkeys: (i) Floor area = four (4) square feet per bird. (ii) Yard space = forty (40) square feet per bird. (i) Floor area = six (6) square feet per bird. (ii) Yard space = eighty (80) square feet per bird. (i) Floor area of five (5) square feet per bird. (ii) Yard space of four hundred (400) to five hundred (500) square feet per bird. (5) Keeping areas for any animal will be evaluated for compliance with best animal management practices to ensure that animals are kept in a manner that will not constitute a public nuisance. (6) All shelter areas shall be located on moderately well drained and/or welldrained soils. E. Maximum Limits: The maximum number of animals permitted is five (5) in the Livestock category and twenty-five (25) in Poultry category F. Conditions of Approval. The Commission shall approve or disapprove a Home Husbandry Special Permit based upon its review of the application for conformity with the standards of this Section, consultant comments, property location, soils of area, proximity to neighbors, amount, method and location of manure storage, feed storage, number of animals, and type of animals. G. Periodic certification. Because -- (1) The nature and intensity of some types of home husbandry is likely to change over time. (2) There are inherent difficulties of determining continued conformance with the home husbandry regulations. (3) It is important to determine if the home husbandry has evolved such that it is endangering public safety, health, convenience, or neighboring property values; and (4) It is necessary to know if the home husbandry is inactive or has been abandoned, A holder of a home husbandry special permit shall certify to the Zoning Official that the home husbandry use is continuing and in compliance with these regulations every two years. 4. DELETE THE FOLLOWING SECTION 9.5.C.2 (SIGNS FARMS IDENTIFICATION SIGNS) IN ITS ENTIRETY (NOTE: PROPOSED TO BE ADDED TO NEW SECTION 8.27): M:\PLANNING DEPARTMENT\AGRICULTURE\AgriculturalRegs ProposedDraft docx Page 117 of 301

118 9.5.C 2) Farm identification signs. A single permanent sign at an entrance to a farm designed only to identify the farm shall be permitted provided such sign bears no commercial advertising and does not exceed eighteen (18) square feet in area (per side, if freestanding). The sign shall not interfere with driver sight lines. 1) Off-Site Directional Signs: Off-Site directional signs are allowed provided the nature and location of such signs do not create a nuisance or hazard. The owner of the enterprise/activity for which the Sign is desired shall have permission of the property owner regarding sign location. Placing directional signs in town or state-owned rights of way is not allowed without the permission of the state or town as appropriate. Each sign shall not exceed two (2) square feet in area, whether wall mounted or freestanding. 5. ADD THE FOLLOWING AGRICULTURE-RELATED TERMS SECTION TO SECTION 2.2 (DEFINITIONS): AGRICULTURE-RELATED TERMS : AGRICULTURE: Except as otherwise specifically limited in these Regulations, the words agriculture and farming shall include cultivation of the soil, dairying, forestry, raising or harvesting any agricultural or horticultural commodity, including the raising, shearing, feeding, caring for, training and management of livestock, including horses, bees, poultry, fur-bearing animals and wildlife, and the raising or harvesting of oysters, clams, mussels, other molluscan shellfish or fish; the operation, management, conservation, improvement or maintenance of a farm and its buildings, tools and equipment, or salvaging timber or cleared land of brush or other debris left by a storm, as an incident to such farming operations; the production or harvesting of maple syrup or maple sugar, or any agricultural commodity, including lumber, as an incident to ordinary farming operations or the harvesting of mushrooms, the hatching of poultry, or the construction, operation or maintenance of ditches, canals, reservoirs or waterways used exclusively for farming purposes; handling, planting, drying, packing, packaging, processing, freezing, grading, storing or delivering to storage or to market, or to a carrier for transportation to market, or for direct sale any agricultural or horticultural commodity as an incident to ordinary farming operations, or, in the case of fruits and vegetables, as an incident to the preparation of such fruits or vegetables for market or for direct sale. For the purposes of these regulations the term agricultural also includes the use of horses for riding, pulling, training, lessons, showing, and other similar uses, but only when such uses are incidental to the raising and/or boarding of horses on the same lot. AGRICULTURAL BUILDINGS AND STRUCTURES: Buildings or other structures used in connection with agriculture, including shelter for livestock and storage for farm machinery, equipment and supplies. M:\PLANNING DEPARTMENT\AGRICULTURE\AgriculturalRegs ProposedDraft docx Page 118 of 301

119 AGRICULTURAL BUILDING, SPECIALIZED: A building used for (a) processing or packaging of farm products or by-products produced on the premises; (b) shelter for more than one hundred (100) cattle or pigs, 50 horses, or 20,000 fowl; or (c) workplaces for more than five (5) non-family employees. AGRICULTURAL COMMODITY: Same meaning as Farm products. AQUACULTURE: The term aquaculture means the farming of any waters and/or wetlands and the production of plant or protein food, including fish, oysters, clams, mussels and other molluscan shellfish. Aquaculture includes, without limitation, outdoor and/or indoor hatcheries, aquaponics, and hydroponics. FARM: A tract of land used, principally, for agriculture, with or without an associated single-family dwelling. In zoning districts in which a farm is allowed, both the agricultural activities and any single-family dwelling that may exist shall be deemed to be permitted, joint principal uses. FARM, ACCESSORY DWELLING UNIT: An accessory dwelling unit on a Home or Commercial Farm that is used by a caretaker of the farm and/or the farm s livestock. farm. FARM, COMMERCIAL: A farm producing farm products for sale by wholesale, or for sale at locations (not including Farmers Markets) other than the farm property on which they were produced. A minimum of five (5) acres is required for a commercial farm. An IRS Schedule F 1040 form shall be filed annually and approved by the assessor in order to be considered a farm. FARM, HOME: A farm producing farm products, principally for the use, consumption or education of the residents of the property. A minimum of three (3) acres is required for a Home Farm. Roosters are not permitted on Home Farms. FARM PRODUCTS: Any products of agriculture, including fruits; vegetables; mushrooms; nuts; shell eggs; honey or other bee products; maple syrup or maple sugar; flowers; nursery stock; Christmas trees; other horticultural commodities; livestock food products, including meat, milk, cheese and other dairy products; food products of aquaculture, as defined above, including, but not limited to, all plant food, fish, oysters, clams, mussels and other molluscan shellfish; products from any tree, vine or plant and their flowers; or any such products that have been processed by a farmer, including, but not limited to, baked goods made with farm products. FARMERS MARKET: A for-profit or nonprofit cooperative, enterprise, or association that regularly occupies a given location, and that operates principally as a common marketplace for a group of farmers, at least two of whom are selling Connecticut-grown fresh produce, to sell Connecticut-grown farm products directly to consumers. M:\PLANNING DEPARTMENT\AGRICULTURE\AgriculturalRegs ProposedDraft docx Page 119 of 301

120 FARM STAND, SEASONAL: A building or other structure from which agricultural products, produced on the owner s premises in Ledyard are sold, in accordance with Section 8.15.E(5). FARM STORE: Retail sales of farm products, the majority of which are produced in Ledyard. HOME HUSBANDRY: The non-commercial cultivation and production of edible crops or certain permitted livestock and/or poultry as an accessory use of the home and for the benefit of its residents, in accordance with Section 8.15.I. LIVESTOCK: Livestock all domestic animals except those usually kept as a companion and housed with human occupants in a residential building. 6. ADD THE FOLLOWING REVISED SECTION 8.15 (AGRICULTURE): 8.15 Agriculture A. Purpose: Preserving the Town s existing farms and encouraging new farming activities are strong goals of the Town. Ledyard s farms are central to the community s rural image and overall value by providing many obvious benefits such as providing tax revenue with little demand on Town services; providing wildlife habitats and tracts of open space, essential to maintaining the high quality of life enjoyed by Town residents; and by providing local produce, meat and dairy products year round. The purpose of these regulations is to clearly define agriculture and to promote the economic and operational viability of existing agricultural operations while facilitating and promoting new operations. B. Agriculture is permitted in Residential and Commercial Zoning Districts as a principal use or in addition to any existing permitted principal use. C. Application Requirements. The following activities/uses require a Zoning Permit and/or Commission Review: (1) The establishment of a new agricultural principal use as defined in 2.2. (2) The expansion or modification of an existing farm/agricultural operation. (3) The construction of any new structures on a property. (4) Accessory uses and activities specifically identified in 8.27.D (1-6). (5) Any other use/activity specifically identified as requiring a permit. D. Agriculture Uses. (1) Setbacks: a. No livestock, horses, or poultry are allowed to be housed or permitted to graze within 100 feet of any property line. M:\PLANNING DEPARTMENT\AGRICULTURE\AgriculturalRegs ProposedDraft docx Page 120 of 301

121 b. No livestock, horses, or poultry are allowed graze within 100 feet of any residential use. c. No building or structure other than a dwelling or display and sales area is permitted within 75 feet of any property line. (2) All animal wastes should be properly stored and disposed of in a manner to maintain sanitary and nuisance free conditions satisfactory to the Director of Health. Manure should be removed from the site or composted. Any compost piles must be located a minimum of 200 feet from a lot line and any areas where manure is stored or composted must be visually screened from dwellings on adjacent lots. (3) CT Public Health Code: Nothing in this section diminishes the property owner s separate responsibility for addressing compliance with the keeping of livestock and storage and disposal of waste under the State of Connecticut Public Health Code. (4) The living quarters of livestock, poultry, and similar animals, and the handling and disposal of solid and liquid wastes must not create a public health hazard or nuisance, or have an adverse effect on the environmental quality of the surrounding area and the community in general. (5) All animals shall be suitably and adequately confined or controlled at all times. (6) Proper drainage shall be provided to avoid collection of water. Water shall be diverted from animal keeping areas; however, such water shall not be allowed to pollute surface or subsurface water supplies. (7) Any commercial farm may be permitted one primary residential dwelling unit to be occupied by the owner or caretaker of the farm. E. Commercial Farm Accessory Uses. The following activities are considered to be accessory to an established commercial farm. For accessory uses and activities that may currently or in the future involve outdoor events, retail sales, and/ or potential traffic generating activities, a Zoning Permit and/or Commission review is required. (1) Agricultural Tourism. The opening to the public of a working farm or any agricultural, horticultural or agribusiness operation for the purpose of enjoyment, education, or active involvement in the activities of the farm or operation. A site plan review by the Commission shall be required when agricultural tourism is to be conducted on any parcel six or more times in any calendar year, or when any agricultural tourism event may reasonably be expected to require parking on any single day for ten or more motor vehicles used by agricultural tourists. Otherwise, agricultural tourism requires only a zoning permit. (2) Ag-tivities. Events of limited duration on a farm that are incidental to agricultural uses, including, but not limited to, hayrides, corn mazes, festivals and other similar activities; on-farm sales such as farm stands and pick-your-own operations, retailing farm and farm related products (farm store); recreational and/or competitive equine enterprises, and on farm processing operations provided they comply with all applicable state and municipal health codes. A site plan review by the Commission shall be required when Ag-tivities are to be conducted on any parcel six or more times in any calendar year, or when any Agtivities may reasonably be expected to require parking on any single day for ten M:\PLANNING DEPARTMENT\AGRICULTURE\AgriculturalRegs ProposedDraft docx Page 121 of 301

122 or more motor vehicles used by visitors to the farm. Otherwise, Ag-tivities require only a zoning permit. (3) Farm Accessory Dwelling Units. A legally existing farm which contains an occupied primary residence and has 10 or more acres actively used for a farming activity may have a single accessory dwelling to be occupied by a full or parttime caretaker. The unit shall be occupied only by an individual responsible for caretaking of the farming activities on the parcel and not involved in caretaking of the primary residence or its occupants. The accessory dwelling unit must comply with all regulations in ZR Section 8.1 (Accessory Apartments), except that the dwelling unit may be detached from the primary residence. (4) Non-agriculturally Related Uses. a. Activities that are part of an agricultural operation s overall offerings, but are not incidental to agriculture, or tied to agricultural buildings, structures, equipment, and/or fields. Such uses may include, but are not limited to, fee-based outdoor recreation such as bird watching, snowshoeing, and other passive recreational activities. A site plan review by the Commission shall be required when such uses may reasonably be expected to require parking for ten or more motor vehicles used by visitors to the farm. Otherwise, such uses require only a zoning permit. b. Small Events Venue for uses such as, but not limited to, retreats, workshops, classes (i.e. yoga, canning, wool dying etc.) are permitted by site plan review by the Commission, but no outdoor events or amplified music are permitted and the events shall be limited to less than ten motor vehicles. c. Large-scale Events Venue for large-scale events, such as but not limited to, weddings, catered events, parties, seasonal festivals, etc.; any events in which the use of amplified music is planned or anticipated; and any events where greater than 10 motor vehicles are expected require a Special Permit/Site Plan review by the Commission. In order to satisfy the conditions of a Special Permit with respect to noise, the Commission may limit the number of events per year and/or prohibit the use or the locations of amplified music outdoors. The Commission may impose additional restrictions on the use if it determines, after a hearing for which the owner of the farm is given written notice, that the noise levels are causing a nuisance to nearby properties. d. Farm Breweries require a Special Permit/Site Plan review by the Commission. A Farm Brewery shall be considered to be accessory to an established agricultural operation if the farmer makes and sells beer (including hard cider) from ingredients primarily grown on the farm. A Farm Brewery is permitted wherever agriculture is permitted [Note: A Brew Pub would fall under Hospitality Uses, permitted in nonresidential Zones per 602]. In addition to the requirements of Site Plan approval, the following additional regulations shall apply. 1. The brewery shall be considered a Pilot or Nano brewery if it has production capabilities of no more than 15,000 barrels a year. However, M:\PLANNING DEPARTMENT\AGRICULTURE\AgriculturalRegs ProposedDraft docx Page 122 of 301

123 in the Industrial (I) Zoning District, the manufacturing of greater quantities of beer and full-scale distribution operations may also be permitted as part of Site Plan approval. 2. The brewery must be clearly subordinate to a primary residence that is owner occupied (or that houses a full-time caretaker/manager) 3. Accessory uses to the Farm Brewery may include a test kitchen, tasting room, retail farm store selling local produce, value-added products, and sealed bottles or other sealed containers of beer produced on site for consumption off the premises. Accessory structures such as sheds and barns incidental to the brewery are also permitted. 4. Hours of operation for the tasting room and retail store shall be 12:00 p.m. to 8:00 p.m. (year-round, 7 days a week). e. Farm Winery: PENDING. f. Food trucks. Food trucks are permitted as an accessory use to a farm and only require a zoning permit, with a site plan showing adequate parking for the food truck use in addition to parking required for other uses on the farm. (5) Seasonal Roadside Stand and Farm Stores A. Purpose. To allow the sale of seasonal agricultural and farm products grown on the farm where the Farm Stand is located or that is grown on other local farms. B. Roadside Farm Stands are permitted in all districts as follows: a. Roadside Farm Stand require a zoning permit only. b. The Roadside Farm Stand building or structure shall not exceed a gross floor area of two hundred (200) square feet. c. Roadside Farm stands shall be on private property setback at least ten (10) feet from the paved roadway surface, not in a right-of-way, and at least fifty (50) feet from any intersection. d. No more than one (1) Roadside Farm Stand shall be permitted on a farm. C. Farm Stores, as defined in Section 2.2 (Agriculture-Related Terms), of any size require a Special Permit/Site Plan approval in residential districts and Site Plan approval in all other districts. F. Home Farm Accessory Uses (1) Seasonal Roadside Stand - Roadside Farm Stands are permitted in all districts in accordance with Section 8.15.E.5.B of these Regulations (above) and require a zoning permit only. G. Site Plan Requirements: All agriculture uses requiring a special permit shall provide the following: (1) Expected maximum parking and parking spaces adequate to meet the needs of the farm and all its uses. Parking shall be provided in accordance with ZR Section 10, may be permeable or paved, and striped or not striped. On-street parking is not permitted. (2) Compliance with statutory requirements for handicap parking and handicap signage M:\PLANNING DEPARTMENT\AGRICULTURE\AgriculturalRegs ProposedDraft docx Page 123 of 301

124 (3) Sanitary facilities and the maximum number of expected daily visitors they will serve. Sanitary facilities may include portable toilets. (4) Waste management provisions and how they are adequate for the expected number of visitors and guests (5) Months, days, and hours of operation. (6) Exterior lighting for walkways and parking areas if any. All lighting shall be full cutoff or other acceptable form of lighting that prevents light trespass beyond the boundaries of the farm. (7) Permanent outdoor stages, pavilions and seating (8) Location and Noise. The location of outdoor events and activities associated with Agritourism and/or Ag-tivities on the farm shall take into consideration the current use of surrounding properties. The Commission and/or ZEO may require a specific separating distance and/or an appropriate buffer strip that screens any such activity from adjacent properties. (9) Signs shall be in accordance with 8.15.K. H. Special Permit Standards for Large Events Venues: (1) Wine tastings, weddings, catered events, meetings, conferences, parties, and workshops shall end not later than 11:00 PM. (2) Music and amplified sounds for events shall comply with C.G.S. Section FILL IN regarding noise, shall be limited to three (3) days per week, and shall not be allowed after 11 PM. I. Home Husbandry. The keeping of certain livestock poultry for personal and/or educational non-commercial private home use where site-specific characteristics of a proposed area are compatible with such a use. Home husbandry shall be permitted as an accessory use to a residential use by zoning permit provided the following regulations are met: (1) Backyard poultry shall include chickens, ducks, turkeys, and other birds of similar mature size, but not guinea hens, peacocks, emus or ostriches. F (2) A property must be a minimum of sq. ft to keep rabbits and a minimum of 2000 sq. ft to keep backyard poultry (3) Property which meets the minimum lot sizes may keep: a. 6 or fewer rabbits/10000 sq. ft. of lot size b. 8 or fewer poultry with no roosters (4) The storage and management of waste (e.g. a combination of manure and bedding) for backyard poultry shall be in accordance with the Public Health Code, as amended. In no case shall waste be located closer to property lines than the minimum setback requirements for structures and enclosures for the keeping of backyard poultry and shall not exceed 2 cubic yards at any given time. (5) Rabbits and/or poultry kept for personal use shall be owned by residents or owners of the premises on which they are kept (6) Structures and Setbacks: a. An appropriate shelter and enclosure shall be provided for the keeping of rabbits and poultry. M:\PLANNING DEPARTMENT\AGRICULTURE\AgriculturalRegs ProposedDraft docx Page 124 of 301

125 b. Setback distances between any shelter or enclosure housing livestock and/or poultry shall be a minimum of: seventy-five (75) feet from any well located on applicant property and abutting properties, seventy-five (75) feet from any street line, or behind rear Building Line if applicable, forty (40) feet from any property line, and, one hundred (100) feet from any house upon property other than the applicant s. c. Poultry and rabbits shall be penned and not allowed to free range, and be provided with the following yard and shelter space requirements d. Livestock and poultry shall have shelter space and yard space according to table (below). Species not specifically listed may present alternative shelter and yard area proposals for commission approval. The application will be expected to bring relevant documentation demonstrating that the provided proposal will allow for the humane keeping of animals. J. Species Shelter Space Yard Space Other Rabbits 1 sqft/lb rabbit N/A 18 Headroom Chickens 3.5sqft/Hen 30 sqft/hen N/A Ducks 4 sqft/duck 40 sqft/duck Turkey 6 sqft/turkey 400 sqft/turkey Table Shelter Space Requirements for Home Husbandry (6) Site Suitability and Impact: In order to minimize potential adverse impacts, the following shall apply: a. Sites with slopes greater than 15% shall be avoided or improved to avoid heavy surface water runoff, soil erosion, sedimentation or hazardous conditions for keeping backyard poultry. b. Proper drainage shall be provided to avoid collection of water. Water shall be diverted from poultry keeping areas; however, such water shall not pollute surface or subsurface water supplies nor shall runoff be directed to neighboring properties. (7) Periodic certification. (a) The nature and intensity of some types of home husbandry is likely to change over time. (b) There are inherent difficulties of determining continued conformance with the home husbandry regulations. (c) It is important to determine if the home husbandry has evolved such that it is endangering public safety, health, convenience, or neighboring property values; and (d) It is necessary to know if the home husbandry is inactive or has been abandoned. A holder of a home husbandry special permit shall certify to the Zoning Official that the home husbandry use is continuing and in compliance with these regulations every two years. M:\PLANNING DEPARTMENT\AGRICULTURE\AgriculturalRegs ProposedDraft docx Page 125 of 301

126 K. Signage. In addition to the signs allowed pursuant to 9.0 of these Regulations, a farm may have: (1) Agricultural Sign. One permanent free-standing or attached sign with an area no larger than eighteen (18) square feet per side, limited to two sides (no size limit applies to signs painted on a barn). (2) Farm identification signs. A single permanent sign at an entrance to a farm designed only to identify the farm shall be permitted provided such sign bears no commercial advertising and does not exceed eighteen (18) square feet in area (per side, if freestanding). The sign shall not interfere with driver sight lines. (3) Seasonal Agricultural Sign. One temporary free-standing or attached sign associated with a farm stand, seasonal farm stand, or agriculturally related use. Such signs shall not have an area larger than 16 square feet per side, with a maximum of two sides. One seasonal agricultural sign per farm stand, seasonal farm stand, and/or agriculturally related use is allowed. One additional seasonal agricultural sign per every 300 feet of frontage on a public right-of-way on a farm parcel is also allowed. At no time, however, shall any farm have more than six seasonal agricultural signs. Seasonal agricultural signs shall meet all other applicable standards specified in 9.0. (4) Off-Site Directional Signs: Off-Site directional signs are allowed provided the nature and location of such signs do not create a nuisance or hazard. The owner of the enterprise/activity for which the Sign is desired shall have permission of the property owner regarding sign location. Placing directional signs in town or state-owned rights of way is not allowed without the permission of the state or town as appropriate. Each sign shall not exceed two (2) square feet in area, whether wall mounted or freestanding. M:\PLANNING DEPARTMENT\AGRICULTURE\AgriculturalRegs ProposedDraft docx Page 126 of 301

127 GROTON B Agriculture, Commercial and Nurseries and Greenhouses, Commercial Agriculture, Commercial: Conditions apply in the following zoning districts: RS, R, RU, RM, CN, CR, MVC, IM, IG Nurseries and Greenhouses, Commercial: Conditions apply in the following zoning districts: RU, CN, CR, MVC, IM, IG Commercial agriculture, nurseries or greenhouses, including truck gardens, are permitted subject to the following conditions: 1. Lot Size: There must be a minimum lot area of five (5) acres. 2. Setbacks: a. No livestock, horses, or poultry are allowed to be housed or permitted to graze within 100 feet of any property line. b. No building or structure other than a dwelling or display and sales area is permitted within 75 feet of any property line. 3. Waste: All animal wastes should be properly stored and disposed of in a manner to maintain sanitary and nuisance free conditions satisfactory to the Director of Health. Manure should be removed from the site or composted. Any compost piles must be located a minimum of 200 feet from a lot line and any areas where manure is stored or composted must be visually screened from dwellings on adjacent lots. 4. CT Public Health Code: Nothing in this section diminishes the property owner s separate responsibility for addressing compliance with the keeping of livestock and storage and disposal of waste under the State of Connecticut Public Health Code. 5. Sales for Commercial Agriculture: The sale of farm produce raised on the lot is permitted as an accessory use to any commercial agriculture use provided: a. The indoor display and sales area is limited to one building or structure not to exceed 200 SF in area. Additional display and sales areas are allowed outdoors. b. Provision is made for at least four (4) off-street parking spaces. 6. Sales for Commercial Nurseries and Greenhouses: The sale of garden produce and nursery stock raised on the lot is permitted as an accessory use to any commercial nursery and greenhouse use, provided: a. Provision is made for at least one (1) parking space for every 1,000 SF of indoor sales area. 7. Stormwater: Compliance with the Town s Stormwater Regulations must be demonstrated (see Section 7.3). -1- Page 127 of 301

128 5.1-2.C Agriculture, Home 1. Conditions Applicable to All Home Agriculture Conditions apply in the following zoning districts: RS, R, RU, RM, CN, CR, MDD, WW, MVC, IM a. Sales: The sale of produce and other home agriculture products raised and prepared on the lot is permitted as an accessory use with an Administrative Site Plan and subject to the standards below: Size: A farm stand and display area must not exceed a total of 50 SF. Residential Use: The sales and display area must be clearly incidental to the residential use of the dwelling. Parking: One (1) parking space is required for the farm stand in addition to any parking required for the main use on the site. Employees: Only residents of the dwelling unit are allowed as employees. Signage: Any signage on the site must meet the requirements of Section 8.4 of these Regulations. Storage: Materials, products, or equipment related to sales must not be stored outside of the space allocated in subsection 1.a. above. b. Home-Based Business: Any sale of Home Agriculture products that does not meet the above standards (1.a) must comply with and receive approval under the Home-Based Business Section D of these regulations. c. Keeping of Animals: The keeping of hens and other livestock animals have additional conditions as described below. 2. Conditions Applicable to Keeping of Hens Conditions apply in the following zoning districts: RS, R, RU, RM, CN, CR, MDD, WW, MVC, IM Purpose: This regulation provides for the limited keeping of female chickens, referred to as hens, on residentially used properties, for the health, convenience, personal enjoyment and benefits afforded by such use, and in a manner which preserves the quality of life of the surrounding neighborhood. The keeping of hens on properties used for residential purposes shall be subject to the following standards: a. Number of Hens: No more than four (4) hens may be kept on any lot of twenty thousand (20,000) square feet or less. On lots greater than twenty thousand (20,000) square feet and up to five (5) acres, no more than ten (10) hens may be kept. In any -2- Page 128 of 301

129 case, the keeping of hens shall be considered a non-commercial accessory use to a residential use. Keeping of hens on lots greater than five (5) acres shall be considered a commercial farm use subject to Section b. Location on Lot: Hens shall be confined to a fenced enclosure located in a rear or side yard only. In lieu of the buffer requirements of Section 7.4-4, the enclosure, coop, and any storage area for food or compost waste shall be at least ten (10) feet from any property line and at least twenty (20) feet from any residential structure on adjacent properties. c. Enclosure, Food, and Waste: A coop shall be required and shall be located entirely within the fenced enclosure or the coop shall have direct access to the fenced enclosure for the hens. The coop shall be no greater than eight (8) feet in height and no more than twenty-five (25) square feet for up to four (4) hens and no more than fifty (50) square feet for up to ten (10) hens. The coop and the enclosure shall be designed and constructed so hens do not have access outside of the enclosed area. All food products and waste shall be kept so as to limit offensive odors and the presence of pests and predators, including, without limitation, by keeping all food products in waterproof and sealed containers off the ground at all times. Waste may be composted. d. Residential Buildings: No hens shall be kept inside any building or structure used for residential purposes. e. Roosters: No rooster shall be kept on any property under five (5) acres. f. CT Public Health Code: The keeping of hens shall be conducted in a manner consistent with and in compliance with the State of Connecticut Public Health Code, including, without limitation, Section B32(e) with regard to properties within a public water supply watershed. g. Certificate of Zoning Compliance: A Certificate of Zoning Compliance is required for the keeping of hens which must be accompanied by a plot plan showing the location and dimensions of the fenced area, coop, and any storage area for food and/or compost waste. 3. Conditions Applicable to Keeping of Other Livestock Animals (not hens) Conditions apply in the following zoning districts: RS, RU, MVC Within the RS-20, RU-20, RU-40, RU-80, and MVC zoning districts, Home Agriculture and the non-farm keeping of livestock is permitted on properties between 2 and 4.99 acres, subject to the criteria below. With the exception of hens (see Sec C.2 above), and a total of one miniature pig, goat or sheep kept as a household pet, the non-farm keeping of livestock is not permitted in other zoning districts. a. Lot Size and # of Animals: The minimum lot area is two acres. The keeping of a combination of animal types (Group 1, 2 and 3) must be limited as described -3- Page 129 of 301

130 below. In no case shall a lot contain more than 12 total livestock animals, including hens. This limitation does not apply to household pets. The following list specifies maximums for animals by the size of animals kept: Group 1. Animals whose average adult weight is less than 10 pounds (ducks, rabbits, etc.) are permitted with a maximum number of 12 animals. Any hens kept per this Sec C.2 (above) will count toward this maximum. Group 2. Animals whose average adult weight is between 10 and 65 pounds (goats, miniature pigs, turkeys, geese, etc.) are permitted with a maximum number of four (4) animals. Group 3. Animals whose average adult weight is greater than 65 pounds (e.g. horses, cows, alpacas, llamas, sheep, etc.) are permitted with a maximum number of two (2) animals. b. Setbacks: The following lists minimum setbacks (from all property lines) for any pasture or recreation area and any structure used to house non-farm livestock. Should one structure be used to house a combination of animal types, the most restrictive setback will apply: Group 1 Animals. A minimum twenty-foot setback (ten-foot setback for hens only see this Sec C.2 above). Group 2 Animals. A minimum fifty-foot setback. Group 3 Animals. A minimum seventy-five-foot setback. c. Buildings and Structures: All buildings and structures used to house non-farm livestock must meet the following: Be prohibited from placement in the front yard. Be predator resistant and well-ventilated. Be kept clean, dry, and sanitary at all times. d. Pasture/Recreation Areas: All outdoor pasture/recreation areas must be enclosed with fencing to prevent the escape of the animals. e. Maintenance: All animals, their housing and their outdoor pasture/recreation areas must be properly maintained so as not to become a nuisance to adjoining properties. f. Animal Waste: All animal wastes must be properly stored and disposed of. Manure must be removed from the site or must be composted in enclosed bins, which must not be stored within 50 feet of a lot line. Areas where manure is stored or composted must be visually screened from dwellings on adjacent lots. g. Feed Storage: All feed must be stored, secured and covered in a tamper resistant container or area. -4- Page 130 of 301

131 h. CT Public Health Code: Nothing in this section diminishes the property owner s separate responsibility for addressing compliance with the keeping of livestock and storage and disposal of waste under the State of Connecticut Public Health Code. i. Certificate of Zoning Compliance: A Certificate of Zoning Compliance is required for the nonfarm keeping of livestock which must be accompanied by a plot plan showing the location and dimensions of the fenced area, animal housing structures, and any storage area for food and/or compost waste. j. Stormwater: Compliance with the Town s Stormwater Regulations must be demonstrated (see Section 7.3). k. Commercial Agriculture: Any parcel of land with five (5) acres or more, and which meets the definition of Agriculture, Commercial under Section 2.1, and which is used in the raising of agricultural products, livestock, poultry or dairy products, including necessary farm structures and the storage of equipment customarily incidental to the primary use, is considered a farm and must follow the appropriate regulations relating to Commercial Agriculture D Community Garden Conditions apply in the following zoning districts: RS, R, RU, RM, CN, CR, MVC, IM, IG, GR Community gardens are permitted uses subject to the following conditions: 1. Administrative Site Plan: Administrative Site Plan is required in allowed zones. 2. Rules of Operation: The name and telephone number of the garden coordinator and a copy of the operating rules must be provided with the Administrative Site Plan. 3. Use and Storage of Pesticides, Herbicides, and Fertilizers: The site will be designed and maintained so that water and fertilizer will not drain onto adjacent property. Storage of anything defined as a hazardous material must follow the requirements of Section 6.4-8, Hazardous Materials. 4. Stormwater: Compliance with the Town s Stormwater Regulations must be demonstrated (see Section 7.3). 5. Buffer from adjacent residential uses/zone: Any storage area for compost waste must be at least 20 feet from any property line and any structure must be at least ten (10) feet from any property line. 6. Parking: If daytime on-street parking is allowed on one or more streets adjacent to the community garden, no off-site parking is required. Otherwise, at least two (2) parking spaces are required. Such spaces may or may not be paved. -5- Page 131 of 301

132 7. Sales: There will be no retail sales on site, except for produce grown on the site. A farm stand of no more than 100 SF is allowed. Two (2) parking spaces are required for the farm stand in addition to any parking required under sub-section 6 above. -6- Page 132 of 301

133 PRESTON Farm. A farm shall equal at least five (5) contiguous acres of land or more under one (1) ownership under cultivation or used for livestock and poultry and may contain buildings which are mainly used for and incidental to farming. An IRS Schedule F 1040 form shall be filed annually and approved by the Assessor in order to be considered a farm. Farm, Commercial Livestock. The keeping of livestock for breeding, boarding, and/or instruction for commercial purposes, and in accordance with Section of these Regulations. Farm, Commercial Poultry. A farm for the keeping of poultry over two hundred fifty (250) birds in accordance with Sections and of these Regulations. Farm, Commercial Poultry. A farm for the keeping of poultry over two hundred fifty (250) birds in accordance with Sections and of these Regulations. Farm-to-table Cuisine. The serving of local food at restaurants and school cafeterias, preferably through direct acquisition from the producer which might be a winery, cider mill, brewery, fishery, or other type of food producer which is not strictly a "farm. Farm Winery, Cider Mill and other similar farm fruit facility. Any place or premises, located on a farm with land area that equals five (5) acres or more provided a minimum of two (2) acres of the parcel shall be used for the growing of grapes, or other fruit, for which wine or other fruit drink is manufactured and sold in accordance with Section of these Regulations. Such wineries are permitted in R-120, R-80, R-60, R-40, C-1, PI, RC, TRD, the Preston City Village District, and Poquetanuck Village District. Farm Vineyard, Winery, Cider Mill and other similar farm fruit facility - Large Acreage. Any place or premise located on a farm with land area that equals at least twenty-five (25) acres or more provided there is a minimum of five (5) acres of planted vineyard or orchard or more for which wine or other fruit drinks are manufactured and sold in accordance with Section of these Regulations. Such winery with vineyard and cider mills with orchards are permitted in R120, R-80, R-60, R-S, R-40, C-1, PI, RC, TRD, the Preston City Village District, and Poquetanuck Village District by special exception pursuant to Section of these Regulations. Farming. The act of cultivation of land for the growing of vegetables, grains, grasses, trees, herbs, fruit, or other horticultural products; the raising of livestock, farm animals, poultry and birds, the producing of milk, and other similar pursuits except gardens, livestock or fowl grown mainly for home use and in accordance with Section and of these Regulations shall not be classified as farming. -7- Page 133 of 301

134 NORTH STONINGTON 1001 AGRICULTURE Preserving the Town s existing farms and encouraging new farming activities are strong goals of the Town. North Stonington s farms are central to the community s rural image and overall value by providing many obvious benefits such as providing tax revenue with little demand on Town services; providing wildlife habitats and tracts of open space, essential to maintaining the high quality of life enjoyed by Town residents; and by providing local produce, meat and dairy products year round. The purpose of these regulations is to clearly define agriculture and to promote the economic and operational viability of existing agricultural operations while facilitating and promoting new operations. Agriculture is permitted in the R40, R60, R80 and I Zoning Districts as a principal use or in addition to any existing permitted principal use Definitions See Chapter 16 under Agriculture for various definitions relating to agriculture and farming. All such terms are considered agricultural uses and may require permits Application Requirements The following activities/uses require a Zoning Permit and/or Commission review: A. the establishment of a new agricultural principal use as defined in 1600; B. the expansion or modification of an existing farm/agricultural operation; C. Special Agricultural Buildings (see ); D. the excavation of farm ponds (see 1006); E. the construction of any new structures on a property; F. accessory uses and activities specifically identified in (A E); and G. any other use/activity specifically identified as requiring a permit Accessory uses (Ag-tivities, tourism, retail). The following activities are considered to be accessory to an established agriculture operation. For accessory uses and activities that may currently or in the future involve outdoor events, retail sales, and/ or potential traffic generating activities, a Zoning Permit and/or Commission review is required. A. Agricultural Tourism. The opening to the public of a working farm or any agricultural, horticultural or agribusiness operation for the purpose of enjoyment, -8- Page 134 of 301

135 education, or active involvement in the activities of the farm or operation. A Site Plan review (SPL) shall be required when agricultural tourism is to be conducted on any parcel six or more times in any calendar year, or when any agricultural tourism event may reasonably be expected to require parking on any single day for ten or more motor vehicles used by agricultural tourists. Otherwise, agricultural tourism requires only a Zoning Permit (ZP). B. Ag-tivities. Events of limited duration on a farm that are incidental to agricultural uses, including (but not limited to) hayrides, corn mazes, festivals and other similar activities; on-farm sales such as farm stands and pick-yourown operations, retailing farm and farm-related products (farm store); recreational and/or competitive equine enterprises, and on-farm processing operations provided they comply with all applicable state and municipal health codes. A Site Plan review (SPL) shall be required when Ag-tivities are to be conducted on any parcel six or more times in any calendar year, or when any Ag-tivities may reasonably be expected to require parking on any single day for ten or more motor vehicles used by visitors to the farm. Otherwise, Ag-tivities require only a Zoning Permit (ZP). Note: A temporary event permit may also be required from the Board of Selectmen. C. Non-agriculturally Related Uses. Activities that are part of an agricultural operation s overall offerings, but are not incidental to agriculture, or tied to agricultural buildings, structures, equipment, and/or fields. Such uses may include, but are not limited to, fee-based outdoor recreation such as bird watching, snowshoeing, and other passive recreational activities. A Site Plan review (SPL) shall be required when such uses may reasonably be expected to require parking for ten or more motor vehicles used by visitors to the farm. Otherwise, such uses require only a Zoning Permit (ZP). Small Event Barns for (but not limited to) retreats, weddings, workshops, classes (i.e. yoga, canning, wool dying etc.) are permitted by SPL, but no outdoor events or amplified music are permitted and adequate parking must be available on site to accommodate all expected motor vehicles. Event Barns to be used for large-scale events, or any events in which the use of amplified music is planned or anticipated, require a Special Permit. In order to satisfy the conditions of a Special Permit with respect to noise, the Commission may limit the number of events per year and/or prohibit the use of amplified music outdoors. The Commission may impose additional restrictions on the use if it determines, after a hearing for -9- Page 135 of 301

136 which the owner of the farm is given written notice that the noise levels are causing a nuisance to nearby properties. D. Farm-Brewery (SPL) A Farm Brewery shall be considered to be accessory to an established agricultural operation if the farmer makes and sells beer (including hard cider) from ingredients primarily grown on the farm. A Farm Brewery is permitted wherever agriculture is permitted [Note: A Brew Pub would fall under Hospitality Uses, permitted in nonresidential Zones per 602]. In addition to the requirements of Site Plan approval, the following additional regulations shall apply. 1. The brewery shall be considered a Pilot or Nano brewery if it has production capabilities of no more than 15,000 barrels a year. However, in the I Zoning District, the manufacturing of greater quantities of beer and full-scale distribution operations may also be permitted as part of Site Plan approval. 2. The brewery must be clearly subordinate to a primary residence that is owner occupied (or that houses a full-time caretaker/manager) 3. Accessory uses to the Farm Brewery may include a test kitchen, tasting room, retail farm store selling local produce, valueadded products, and sealed bottles or other sealed containers of beer produced on site for consumption off the premises. Accessory structures such as sheds and barns incidental to the brewery are also permitted. 4. Hours of operation for the tasting room and retail store shall be 12:00 p.m. to 8:00 p.m. (year-round, 7 days a week). E. Seasonal Roadside Stand and Farm Stores (ZP) 1. Roadside stands are permitted in all districts and require a Zoning Permit if greater than 50 square feet. No roadside stand shall have a gross floor area greater than 200 square feet. 2. Farm Stores of any size require Site Plan approval. F. General Requirements 1. Parking. Parking for all permitted agricultural accessory uses shall, to the maximum extent possible, be located in areas on the site where they will be the least visible from access roads and adjoining properties, but must allow for adequate sightlines for drivers traveling on the adjacent road and entering and exiting such spaces for such road. Setback requirements apply to all parking -10- Page 136 of 301

137 Animals and Fowl areas. Due consideration shall be given to the posted speed limit and other pertinent factors. The ZEO and/or Commission may require additional buffering to meet the intent of the parking and landscaping regulations. 2. Location and Noise. The location of outdoor events and activities associated with Agritourism and/or Ag-tivities on the farm shall take into consideration the current use of surrounding properties. The Commission and/or ZEO may require a specific separating distance and/or an appropriate buffer strip that screens any such activity from adjacent properties. If the proposed activity or agricultural use regularly employs the use of an amplified sound system, there shall be a sound-absorption plan in place that confirms compliance with the State of Connecticut DEEP noise standards ( 22a69-1 through 22a ) as amended. The Commission may impose additional restrictions on the use if it determines, after a hearing for which the owner of the farm is given written notice that the noise levels are causing a nuisance to nearby properties. This is intended to promote, protect, and encourage keeping livestock in an appropriate and responsible manner within the Town. The keeping of animals, subject to the following limitations, is permitted in all Residential and Industrial Zoning Districts regardless of farm status. A. Definitions: Large Animals include but are not limited to a horses, ponies, donkeys, cows, bison, and/or other similar animals whose mature weight exceed 400 pounds. Pigs shall be considered large animals regardless of their mature weight. Medium Animals include but are not limited to sheep, goats, miniature horses, and/or animals whose mature weight is between 30 and 400 pounds. Small Animals include but are not limited to fowl and/or animals whose mature weight is less than 30 pounds B. The keeping of any one (1) large animal or three (3) of any medium animals (other than domestic cats or dogs) as defined in Subsection A above or the keeping of a flock of more than ten (10) in the aggregate of any fowl, or ten (10) in the aggregate of any other small animal (other than domestic cats or dogs) as defined in Subsection A above, whose mature weight is less than Page 137 of 301

138 pounds, shall require a parcel of land containing no less than 40,000 square feet of contiguous area. Except as provided in Subsection C, for each one (1) additional large animal OR three (3) additional medium animals, OR for each additional flock of fowl or group of ten (10) small animals, the parcel must contain an additional 20,000 square feet of contiguous area. Limits do not apply to un-weaned animals less than six months in age. C. A flock of six (6) or fewer fowl or a group of any six (6) or fewer small animals, as defined in Subsection A above, may be kept on lots having less than 40,000 square feet of contiguous area (except that no roosters shall be permitted). D. There is no limit on the number of animals that may be kept on farms having ten (10) acres or more, provided all other applicable provisions of these Regulations are met. For properties containing less than ten (10) acres, animal densities beyond those set forth in Subsection A above may be permitted if the additional animals will be housed solely indoors. E. Animal Waste- Storage and Disposal Best Management Practices 1. The keeping of animals and fowl and all plans for the storage and disposal of their associated wastes, shall conform to all applicable local, state and federal health, air and water pollution regulations (Note: these may be available through the U.S. Department of Agriculture, Natural Resources Conservation Service, or the UCONN Cooperative Extension Service). 2. The living quarters of livestock, poultry, and similar animals, and the handling and disposal of solid and liquid wastes must not create a public health hazard or nuisance, or have an adverse effect on the environmental quality of the surrounding area and the community in general. 3. All animals shall be suitably and adequately confined or controlled at all times. 4. Animal-keeping areas shall not be permitted directly over land containing an onsite sewage disposal system. 5. Proper drainage shall be provided to avoid collection of water. Water shall be diverted from animal keeping areas; however, such water shall not be allowed to pollute surface or subsurface water supplies. 6. Enforcement D applies to the keeping of all animals permitted in The ZEO shall have the power to determine Best Management Practices after consulting with appropriate State and/or Local -12- Page 138 of 301

139 Agencies Signage In addition to the signs allowed pursuant to 312 of these Regulations, a farm may have: A. Agricultural Sign. One permanent free-standing or attached sign with an area no larger than 16 square feet per side, limited to two sides (no size limit applies to signs painted on a barn). Agricultural signs must comply with all other applicable standards specified in 312. B. Seasonal Agricultural Sign. One temporary free-standing or attached sign associated with a farm stand, seasonal farm stand, or agriculturally related use. Such signs shall not have an area larger than 16 square feet per side, with a maximum of two sides. One seasonal agricultural sign per farm stand, seasonal farm stand, and/or agriculturally related use is allowed. One additional seasonal agricultural sign per every 300 feet of frontage on a public right-of-way on a farm parcel is also allowed. At no time, however, shall any farm have more than six seasonal agricultural signs. Seasonal agricultural signs shall meet all other applicable standards specified in Specialized Agricultural Building A. In deciding on any application for a Special Permit for a specialized agricultural building, the Commission shall seek to minimize the impact of any such use on nearby established residential, commercial, and institutional uses by requiring appropriate separation distances, buffers, and access route locations. B. No such building or any associated waste storage or treatment area shall be located closer than 225 feet from a street centerline or closer than 300 feet from any other property line or from a watercourse, except that the distance to a property line may be reduced to 100 feet when the adjoining property is permanently preserved open space Page 139 of 301

140 SALEM SECTION 30 SPECIAL AGRICULTURE ZONE (1/01/05) 30.1 INTENT The Town of Salem recognizes that agricultural uses are an asset to the town s rural character. It is the intent of these regulations to establish a floating zone to ensure that those uses continue and expand, and to promote adaptive re-use of existing agricultural buildings. (4/01/07) 30.2 GENERAL The minimum lot size in this zone shall be five (5) acres, in addition to the minimum acreage requirement of the underlying zone. The lot must not be located in whole or in part within five hundred (500) feet of the municipal boundary. (4/01/07) The intensity of all uses proposed within the Special Agriculture Zone shall be as deemed appropriate by the Commission DEFINITIONS a) Acre 43,560 square feet b) Animal Unit a measure for comparing livestock as follows: i. Class A Livestock = One (1) animal per Animal Unit ii. Class B Livestock = Three (3) animals per animal Unit iii. Class C Livestock = Fifteen (15) animals per Animal Unit iv. Class D Livestock = One half (0.5) animal per Animal Unit c) Class A Livestock large animals whose mature weight is five hundred (500) pounds or more such as equine, bovine and other large animals. (See also definition of Livestock.) d) Class B Livestock medium-sized animals whose mature weight falls within the range of thirty (30) to five hundred (500) pounds, such as sheep and goats, but excluding pigs. (See also definition of Livestock.) e) Class C Livestock small animals with a mature weight of less than thirty (30) pounds such as poultry, fowl and rabbits. (See also definition of Livestock.) f) Class D Livestock pigs subject to Section B23 (a) of the Connecticut Public Health Code, as amended. (See also definition of Livestock.) g) Floating Zone Zone established over an existing zone and may provide additional requirements or provide additional uses Page 140 of 301

141 h) Hoop House a permanent structure with the following characteristics: i. Supporting structure constructed of tubular metal, fiberglass or other similar structural tent-like supports affixed to the ground. ii. Covered by a flexible poly or fabric-like material stretched over and secured to the supporting structure. i) Livestock all domestic animals except those usually kept as a companion and housed with human occupants in a residential building PERMITTED USES a) Uses permitted in the underlying zone; b) Feed & grain store; tack shop; c) Storage and repair of farm vehicles and other similar equipment, not to include operation of a repair garage for the general public; d) Riding, carriage/wagon/sleigh rides, boarding and instructional activities involved with the keeping of horses; e) Farm store, products produced from farming not including manufacture of farm equipment; f) Greenhouse/nursery; g) Veterinary clinic; h) Keeping of livestock, which may include raising, breeding, instructing, training, sales, boarding, riding, driving and similar uses normally associated with the keeping of livestock; i) Construction and sale or rental of agricultural and livestock related products, including, but not limited to troughs, jumps and the like; (4/01/07) j) Wineries; k) Farm stands; l) Farm markets; m) Storage, packaging and bottling of local farm products. n) Special Event Facility. An establishment which hosts for-profit events such as weddings, business meetings, special or seasonal celebrations, and other non-profit community events under conditions stipulated by the Commission as appropriate for the proposed site and surrounding area. (10/18/16) -15- Page 141 of 301

142 30.5 PERMITTED ANIMAL UNITS PER ACRE A maximum of two (2) animal units (as defined in Section 30.3) per acre for the additional acreage of five (5) acres in addition to the underlying zone requirement shall be permitted for the first five (5) acres of a Special Agriculture Zone parcel ADDITIONAL ANIMALS ALLOWED PER LOT After the first five (5) acres, additional animals may be kept as follows: One (1) Class A animal per One (1) Class B animal per One (1) Class C animal per One (1) Class D animal per 21,780 square feet of land area; 7,260 square feet of land area; 1,452 square feet of land area; and 43,560 square feet of land area Where applicable, offspring shall apply only to the number of animals per lot beyond the juvenile stage All manure piles shall be set back a minimum of fifty (50) feet from all property lines, shall be visually screened from dwellings on adjacent properties and shall not be placed within the minimum required side, rear and front yard setbacks of the underlying zone. Fully composted manure may be applied within said restricted area for soil restoration The raising of animals exclusively for their pelts is prohibited Shelter shall be provided for all livestock. Any new shelter, or any new agricultural building, shall be set back from all property lines a minimum distance of one hundred (100) feet Any existing non-conforming structure, originally constructed for agricultural purposes, may continue to be used, maintained or expanded subject to the requirements of Section 12 of these Regulations, or replaced for agricultural purposes Impervious coverage shall not exceed five percent (5%). This requirement may be waived by the Commission if a written request is presented by the applicant and just cause shown. Said waiver shall be subject to Inland Wetlands and Conservation Commission recommendation, if applicable, regarding any impacts within their jurisdiction Detached greenhouses, including hoop houses, shall be permitted provided they are located on the premises in accordance with Sections and of these Regulations APPLICATION REQUIREMENTS Application for designation of a Special Agriculture Zone shall be filed in accordance with SECTION 18 AMENDMENTS of these Regulations Page 142 of 301

143 If the property which is the subject of said application contains wetlands and/or watercourses as defined in the Town of Salem Inland Wetlands and Watercourses Regulations, as amended, an application shall be submitted to the Inland Wetlands and Conservation Commission no later than the same day as application to the Planning and Zoning Commission. The following documentation shall be included with said application for designation of a Special Agriculture Zone: a) Site plan prepared in accordance with Section 11A of these Regulations. Section 11A.2.1 of these Regulations shall not apply. b) Narrative describing the proposal. c) Traffic Impact Study prepared by a professional Traffic Engineer. d) Lighting illumination plan and lighting product spec sheets. e) Any other information the Commission may deem necessary, which may include traffic control, lighting, noise, hours of operation, parking, and access. The Commission may waive any and/or all of the above documentation requirements provided a written request is submitted by the applicant FINDINGS A zone change to create a Special Agriculture Zone shall not be approved by the Commission until the Commission finds that the proposed zone change: a) Meets the intent of the Town of Salem Zoning Regulations by allowing development that encourages maintaining/preserving the rural character of the town; b) Is in keeping with the Town of Salem Plan of Conservation and Development; c) Is consistent with the comprehensive plan of zoning for the town; and d) Will not adversely affect public health, welfare, safety, and property values Page 143 of 301

144 WATERFORD 3.41 AGRI-TOURISM (Effective Date 1/29/18) Purpose: The purpose of this regulation is to allow Agri-tourism uses in Waterford, while maintaining rural character, preserving farmland, and protecting the health, safety and welfare of the citizens. Agri-tourism presents a unique opportunity to combine aspects of tourism and agriculture to provide a number of financial, educational and social benefits to the community while allowing farmers to supplement their farming activities with activities and events directly related to the farm and farming. Activities are multiday seasonal uses which include, but are not limited to u-pick operations, hay rides, corn mazes, petting zoo, cut you own Christmas trees, farmer s markets, wine tasting, horseback riding, carriage rides, sleigh rides, ice cream facilities, and garden tours. Events are single day uses with a defined start and end time. Agritourism activities and events may be permitted only in the RU-120 Zone District At a minimum, agri-tourism activities shall be permitted in accordance with the provisions contained herein, subject to the issuance of a Special Permit in conformance with Section 23 of these Regulations General Provisions Applicable to Agri-tourism. a. The parcel(s) on which agri-tourism is proposed shall be contiguous and shall consist of no less than 20 acres, of which at least 51% of the gross area of the parcel(s) meets the definition of Farm in Section 1 of these regulations and is designated as farmland by the Waterford Town Assessor pursuant to CGS Chapter (c), as amended. b. Agri-tourism activities and events shall be limited to the areas as shown on an approved Site Plan, including outdoor and indoor areas of the farm property. c. All parking and areas associated with activities and events shall be no closer than 150 feet from all property lines. d. All activities and events shall occur between 8:00 a.m. and 10:00 p.m. e. Outdoor lighting shall not shed light beyond the boundaries of the subject property. f. No more than one (1) Agri-Tourism event shall take place simultaneously, no more than two events shall take place in any week running from Monday to Sunday, and no more than one event shall take place on any weekend running from Friday through Sunday. No more than 20 total Agri-tourism events may be permitted in a calendar year. The Commission may impose conditions to further limit the number and time of activities and events to mitigate adverse impacts to neighboring properties. g. The property owner shall reside on the property and be on the property during any Agritourism activity or event Page 144 of 301

145 h. All Agri-tourism activities and events shall comply with all local, state and federal regulations and statutes. Approval of plans by other State, Federal and Local regulatory agencies shall be obtained when applicable. i. Complete visual screening, as defined in Section 1 of these regulations, shall be provided during all times of operation. j. All amplified music or sound shall occur within structures and shall comply with all Town of Waterford noise ordinances. k. Exterior speakers or amplification of music or sound is prohibited. l. Overnight lodging is prohibited. m. Off-street parking shall comply with the following provisions of Section 20 of the Waterford Zoning Regulations: i. Section 20.2 ii. Section iii. Section 20.3(h) iv. Section 20.5 v, Section 20.6 n. A Zoning Compliance Permit shall be required for any activity or event to ensure compliance with the Special Permit. Applications for Zoning Compliance shall be made at least 30 days prior to the event Submission requirements: In addition to the requirements of Section 22 & 23, the Special Permit Application shall also include, at a minimum, the following information: a. A statement describing the availability of adequate public utilities or on-site water and septic capabilities. b. A sworn, notarized statement by the property owner acknowledging requirements to comply with all applicable public health, fire, and building codes. c. A copy of the deed for the subject parcel Page 145 of 301

146 STONINGTON 7.24 AGRICULTURAL HERITAGE DISTRICT [ADOPTED DECEMBER 26, 2016] General The Planning and Zoning Commission may establish site specific Agricultural Heritage Districts ( AHD ) for those properties encompassing and abutting farms which have been used continually for agricultural purposes for at least 25 years, by approving a Master Plan in conformance with Section The AHD is a floating zone governed by a Master Plan, prepared in accordance with Section of these Regulations. The Master Plan will be subject to review and approval by the Commission as a Zoning Map Amendment subject to a public hearing and all other applicable terms and conditions of these Regulations. It is recognized that the Master Plan may require certain fluidity in order to accommodate market changes during the complete development of any project. Notwithstanding the foregoing, any substantial and material change will be subject to the same procedural requirements for a Zoning Map Amendment as required by the original zone change application adopting the AHD. Once enacted, the AHD will supersede all pre-existing zoning, and any development on the zoned property will be subject to the specific AHD requirements set forth herein In that the approval of an AHD constitutes a Zoning Map Amendment, it calls for the Commission to act in its legislative capacity, and to exercise legislative discretion. By filing an application for an AHD, the applicant acknowledges and accepts the nature of such application, and the level of discretion which the Commission possesses in such applications Statement of Purpose. Agricultural Heritage Districts are intended to preserve Stonington s cultural landscape, ensure the continuation of agricultural industry by creating opportunities for locally produced food, protect historic agricultural character and scenic resources, maintain long-term viability and sustainability of farmland by permitting flexible economic use, and provide an alternative to the undesirable conversion of agricultural lands to residential subdivisions. Factors to be considered by the Commission in approving an AHD include: That the location, uses and layout of the proposed AHD are in conformance with the intent of, and the goals and objectives contained in, the Plan of Conservation and Development Preservation, to the maximum feasible extent, of cultural landscapes, including buildings and building elements possessing historic or architectural significance Integration of existing, enhanced and new agricultural uses with other compatible land uses designed to promote the economic viability and sustainability of -20- Page 146 of 301

147 the subject property. Since each farm is unique in terms of its location and characteristics, there shall be no mandatory area ratio of agricultural use versus other use; rather, the type and placement of each proposed use shall be indicated in the Master Plan Harmony between the various uses that are proposed for the property, compatibility with neighboring land uses and buffering between such uses, enhancement and protection of both agricultural lands and the built and human environment, enhancement and protection of natural resources including inland and tidal wetlands and watercourses, coastal resources, groundwater resources, floodplains, steep slopes and wildlife habitats, promotion of pedestrian safety, provision for adequate parking, and minimized impact of motor vehicles Furtherance of the policies of the Coastal Management Act, as applicable Establishment of District. The Commission shall establish an AHD by approving a Master Plan prepared in accordance with Sections and of these regulations which while not intended to be a substitute for detailed documentation associated with a Site Plan, does provide sufficient information to determine if the proposal is in conformance with Section and the Plan of Conservation and Development. Such adoption shall constitute a Zoning Map Amendment in accordance with Section 9.4 of these Regulations Numbering of Agricultural Heritage Districts. Each AHD shall be numbered and depicted sequentially on the official zoning map in accordance with the date of adoption as AHD-1, AHD-2 and so forth District Eligibility. The area proposed for an AHD shall be located in any existing residential zoning district and shall encompass a minimum of 35 acres of contiguous land in one or more parcels under common ownership or other arrangement satisfactory to the Commission. Included within this minimum acreage shall be a farm or a portion of a farm in continual operation for at least 25 years prior to application. Evidence of continual operation may be provided by historical documents, photographs, testimony or other means. In recognition of the historic relationship between agricultural lands and inland wetland areas, watercourses and water bodies, the proration provisions of Section 7.5 shall not apply to the calculation of the minimum acreage requirement Additions and Alterations. Any additions or alterations to the Master Plan must comply with the criteria established in Sections and 8.4.3, and any such change shall be made in a manner which will accomplish the purposes stated in Section hereof District Expiration. Approval of the zone change shall become null and void unless a site plan for the AHD is approved within 24 months of the date of Zoning Map -21- Page 147 of 301

148 Amendment approval. The Commission may grant one or more extensions of this period upon written request of the applicant, but in no event will the extensions exceed 24 additional months Master Plan. The purpose of the Master Plan submission is to determine whether the proposed uses and layout conform to Section and to the Plan of Conservation and Development. The Master Plan, once adopted, shall establish the bulk and dimensional characteristics of the AHD and its uses. All graphic elements of the Master Plan shall be professionally prepared in accordance with Section and of these regulations. In considering a Master Plan application, the Commission may grant a waiver for any of the specific Master Plan elements listed in Section 8.4.3, the Zoning Map Amendment Impact Statements listed in Section and the requirement for a Class A-2 Survey listed in Section Any waiver requests shall include substantiation that such requests are warranted Site Plan. After Master Plan approval and establishment of an AHD by the Commission, an application for a Site Plan must be submitted for approval, following provisions contained in Article VIII of these Regulations. The implementation of a Master Plan approval may be phased by the filing of multiple Site Plan applications. A public hearing shall be held for any site plan application filed under this section Specific Design Standards. The following design standards shall apply to all AHD Districts: Area and Bulk Requirements. All bulk and dimensional requirements shall be established by the Master Plan. The preservation of historic buildings and the integration of agricultural uses with other land uses requires substantial flexibility, and existing structures located within the AHD shall be deemed to be conforming in terms of any encroachments on front, side and rear yard setbacks, maximum height and floor area ratio. Existing buildings may be enlarged provided that such expansion is consistent with the structure s exterior architecture. Any new construction shall be at a size and scale that does not detract from the agricultural heritage and scenic character of the site and/or neighborhood and conforms to the factors in Section Architectural Design. All new construction and replacement buildings, where existing buildings are deemed inappropriate for re-use, shall be architecturally compatible with any remaining historic structures located on the property and the surrounding neighborhood, when and where feasible. Nothing in this section shall be construed to prohibit the construction of functional buildings for agriculture operations, such as sheds and prefabricated structures, or the inclusion of other architectural styles for other ancillary uses, including modern designs Signage. A sign plan evidencing a unified signage program for the AHD, including the general position, size, content and appearance of signs visible from any public right of way shall be included in the Master Plan application and shall be approved by the Commission. Signage shall be designed to be architecturally compatible -22- Page 148 of 301

149 with the development and surrounding neighborhood and result in minimal visual intrusion to adjacent residential areas Parking. On-site parking areas shall be adequate for the uses proposed. Specific parking standards shall be established as part of the Master Plan. Parking standards shall be based on a study of estimated parking demand to be prepared by a professional engineer concentrating in traffic and parking design. Such standards will be considered by the Commission and may be utilized in place of the minimum parking standards in Section Parking should be located onsite to the extent feasible, but not lead to excessive impervious coverage. Design of parking areas should maximize landscaping, and prevent large expanses of impervious area and excessive lighting and accommodate safe and efficient pedestrian and/or bicycle transportation. Alternative parking surfaces are encouraged where beneficial. Applicants proposing events per Section that are expected to generate significant amounts of traffic shall provide for a Parking Management Plan as part of the Master Plan submission. Such plan shall include an overview of arrangements for overflow parking, off-site parking, and/or personnel for events. The Parking Management Plan shall be referred to the Stonington Board of Police Commissioners for comment Noise analysis. The Commission may require that applicants proposing events featuring amplified music per Section submit a Noise Analysis prepared by a professional sound engineer as part of the Master Plan review. Such analysis shall specify areas affected and sound proofing or other mitigation that will be employed to eliminate excessive noise levels on adjacent properties which shall not exceed those established in Section Stormwater management. Stormwater management shall be designed to handle anticipated run-off without creating negative impacts on adjacent properties or natural resources. The use of low impact development stormwater management solutions is strongly encouraged. Other methods may be allowed provided the applicant can document that no other option is available Permitted Uses. Permitted uses shall be established by the Master Plan and implemented by site plan approval. The following list of uses is permitted in the AHD, but it is not exclusive. The Commission may approve other uses, provided said uses are not prohibited by Section and it is determined said uses are consistent the purposes of the AHD. In reviewing a Master Plan proposal, the Commission shall have the ability to limit the size and scope of proposed uses in accordance with the District s Statement of Purpose and Specific Design Standards..1 Cultivation of land, greenhouses, raising of livestock, animal boarding facilities, and grazing..2 Agricultural equipment storage, fueling, and repair facilities..3 Boutique inns and/or bed and breakfast facilities not to exceed twelve rooms Page 149 of 301

150 .4 Craft and artisan manufacturing, production and processing of food products, including flour, notwithstanding the prohibition of Section Wineries, micro-breweries, and craft distillery operations..6 Event facilities hosting weddings, farm dinners, corporate gatherings, performances and other public and/or private special events and celebrations as appropriate for the site and surrounding area. The Commission may require the submission of an Event Management Plan to review the frequency, size, nature and management of proposed events..7 Farm markets and roadside stands involving the retail sale of agricultural products produced on or off the premises..8 Museums, passive recreation, trails, and small-scale educational activities..9 Residential uses, not to exceed five (5) total dwelling units within any AHD..10 Restaurants and retail-restaurants only as an accessory to a principal use..11 Retail sales only as an accessory to a principal use..12 Off-street parking only as accessory to a principal use..13 Site access and circulation drives, and stormwater management structures Prohibited Uses. In addition to the prohibited uses listed in Section 2.12, the Commission has determined that the following uses are prohibited in the AHD..1 Gasoline filling stations not associated with agricultural operations..2 Motor vehicle, trailer coach and boat sales, leasing and renting..3 Auto repair maintenance and paint shops..4 Car washes..5 Water parks, theme parks and amusement parks..6 Retail sales not accessory to a principal use Buffers. The purpose of buffer areas is to provide privacy from noise, headlight glare and visual intrusion to residential dwellings in all locations where uses in the AHD abut a residential district exterior to the AHD. A buffer area shall be required between any area in the AHD which is used for other than agricultural or single family residential purposes which is abutting or directly across a street (other than a limited access highway) from any lot used for residential purposes in a residential district exterior to the AHD. Buffer requirements do not apply to internal property lines which are part of the AHD and do not border adjacent property. The Commission may allow the buffering to be located on adjacent property with the consent of the affected property owner; provided that the right to maintain such buffering and/or -24- Page 150 of 301

151 screening is memorialized by a permanent easement filed for record in the Stonington Land Records. Such buffer areas shall comply with the following minimum standards:.1 Buffers from adjacent residential uses including those directly across a street. The minimum width of the buffer area shall be 25 feet from the property line. In the event that the buffer area is not currently vegetated or in agricultural production, the Commission shall have the discretion to require the Applicant to install screening within the buffer area..2 Screening, if required, shall consist, at minimum, of plantings not less than six (6) feet in height planted at intervals of ten (10) feet on center and other evergreen and deciduous shade trees and shrubs as may be appropriate. As an alternative, an earthen berm, stabilized with appropriate groundcover and plantings, may be permitted by the Commission in order to adequately buffer adjoining residentially used property. Any existing historic stone walls shall be preserved to maximum extent possible and stone walls removed for site access shall be relocated elsewhere on the site..3 The following accessory uses shall be allowed within buffer areas provided that they are adequately screened from abutting residential properties: access roads to the minimum extent to access the site, walking paths, utilities, mailboxes and approved signs Preservation of Agricultural Lands. The Commission recognizes that ensuring the economic viability and sustainability of agricultural land requires substantial flexibility in the use and restrictions placed upon such properties. While the Commission encourages the preservation of agricultural lands in perpetuity via fee simple conveyance, deed restriction, conservation easement or other similar means, the Commission shall not require the dedication of any agricultural land as a requirement of or exaction related to any Master Plan approval Page 151 of 301

152 1. In 2.2 (Definitions) add the following: AGRICULTURAL BREWERY: An accessory use of a farm where less than 15,000 barrels of beer or hard cider is produced annually and sold from ingredients primarily grown on the farm. AGRICULTURAL SPECIAL EVENTS: Indoor and/or outdoor uses, with or without alcohol and with or without amplified or live music, of a farm that is conducive to wine tastings, weddings, catered events, meetings, conferences, parties, workshops, 4-H activities, FFA (or equivalent) activities, training classes, canning, and wool dying. AGRICULTURAL TOURISM: An accessory use consisting of opening a working farm to the public for the purpose of enjoyment, education, and/or active involvement in the activities of the farm. Such uses include but are not limited to bird watching, hiking, snowshoeing, cross country skiing, fishing, and other passive recreational activities. Allowed accessory uses also include hayrides, corn mazes, festivals, pick-your-own activities, recreational equine activities, competitive equine activities, and on-farm processing and sale of farm grown produce. Such uses do not include shooting, hunting, archery, camping, competitive sports, zip lines, or the use of all terrain vehicles (ATV's). AGRICULTURAL WINERY: An accessory use of a farm where wine is produced and sold from grapes grown on the farm. There is no annual limit on the amount of wine that can be produced and sold. BREWERY (COMMERCIAL): A facility in an Industrial District (I) that is a principal use of a parcel and annually produces more than 15,000 barrels of beer. 2. In 3.5 (The Use Table) - Insert a line entry for the following new accessory use: Accessory Uses of Farms (Breweries, Wineries, Special Events, Tourism) (S) in all districts 3. Renumber to be (Supplemental Regulations) 4. Insert the following as a new 8.3 into Section 8.0 Supplemental Regulations 8.3 Accessory Uses of Farms (Breweries, Wineries, Special Events, Tourism) A. Purpose: To preserve and promote the economic viability of farms, farming, and agriculture in Ledyard. B. Approach: To encourage and regulate, by special permit, (a) agricultural breweries, (b) agricultural special events, (c) agricultural tourism, and (d) Page 152 of 301

153 agricultural wineries as accessory uses of a farm in a manner that will not constitute a risk to public health, safety, convenience, or property values. C. Site plan requirements for accessory uses of a farm (breweries, wineries, special events, tourism) shall show: (1) Expected maximum parking needs and corresponding parking spaces. Parking areas may be permeable or paved, and striped or not striped. (2) Compliance with statutory requirements for handicap parking and handicap signage. (3) How buses, motorhomes, vehicles towing a travel trailer, and other large vehicles will safely enter, park, and exit the property, or alternatively, the proposed sign(s) (size, height, type, location, content, illumination) and/or other methods intended to prohibit the entry of such vehicles. (4) On-street parking is not required and not allowed. (5) Sanitary facilities and the maximum number of expected daily visitors they will serve. Sanitary facilities may include porta-poties. (6) Proposed on-site signage (if any). (7) Proposed off-site directional signage (if any). (8) Waste management provisions and how they are adequate for the expected number of visitors and guests. A dumpster, if provided, shall be shown on the site plan. (9) Facilities for public observation of quinine activities, as appropriate. (10) Months, days, and hours of operation. (11) Exterior lighting for walkways and parking areas, if any. The application shall show how the lighting will avoid unnecessary sky glow. (12) Drainage, if any, of parking areas. (13) Permanent outdoor stages, pavilions, and seating (if applicable). Page 153 of 301

154 D. Additional Requirements for accessory uses of a farm: (1) There must be an owner or full-time caretaker/manager occupying a dwelling as a primary residence on or adjacent to the farm. (2) A brewery or winery may include sheds, barns, a test kitchen, tasting room, and/or a retail farm store selling local produce, value-added products, and sealed bottles or other sealed containers of beer or wine produced on site for consumption on or off the premises. (3) Wine tastings, weddings, catered events, meetings, conferences, parties, and workshops, shall end not later than 11:00 PM. (4) Music and amplified sounds for events shall not exceed 40 DBA at the property lines, shall be limited to three (3) days per week, and shall not be allowed after 11 PM. (5) The application will address the subject of odors produced by the brewery, winery, or equine activities that may drift off site. (6) Recreational marijuana shall not be allowed. (7) Alcohol is allowed for wine tastings, weddings, catered events, meetings, conferences, and parties. Page 154 of 301

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169 PROPOSED ZONING REGULATIONS REGARDING AGRICULTURE AND AGRIBUSINESSES/AGRITOURISM BOLD: NEW STRIKETHROUGH = DELETE 1. A. DELETE THE FOLLOWING DEFINITIONS IN SECTION 2.2 (Definitions): FARM: A parcel of three (3) or more acres that may include principal and accessory buildings, used for agriculture and as an accessory use to the agricultural operations, the seasonal sale of agricultural or horticultural products produced on the parcel and on other local farms. A tract may consist of one or more lots under common ownership. FARMING or AGRICULTURE: The words agriculture and farming shall include cultivation of the soil, dairying, forestry, raising or harvesting any agricultural or horticultural commodity, including the raising, shearing, feeding, caring for, training and management of livestock, including horses, bees, poultry, fur-bearing animals and wildlife, and the raising or harvesting of oysters, clams, mussels, other molluscan shellfish or fish; the operation, management, conservation, improvement or maintenance of a farm and its buildings, tools and equipment, or salvaging timber or cleared land of brush or other debris left by a storm, as an incident to such farming operations; the production or harvesting of maple syrup or maple sugar, or any agricultural commodity, including lumber, as an incident to ordinary farming operations or the harvesting of mushrooms, the hatching of poultry, or the construction, operation or maintenance of ditches, canals, reservoirs or waterways used exclusively for farming purposes; handling, planting, drying, packing, packaging, processing, freezing, grading, storing or delivering to storage or to market, or to a carrier for transportation to market, or for direct sale any agricultural or horticultural commodity as an incident to ordinary farming operations, or, in the case of fruits and vegetables, as an incident to the preparation of such fruits or vegetables for market or for direct sale. The term farm includes farm buildings, and accessory buildings thereto, nurseries, orchards, ranges, greenhouses, hoop houses and other temporary structures or other structures used primarily for the raising and, as an incident to ordinary farming operations, the sale of agricultural or horticultural commodities. The term aquaculture means the farming of the waters of the state and tidal wetlands and the production of protein food, including fish, oysters, clams, mussels and other molluscan shellfish, on leased, franchised and public underwater farmlands.(cgs1-1q) M:\PLANNING DEPARTMENT\AGRICULTURE\Agricultural Regs Draft docx Page 169 of 301

170 B. DELETE THE FOLLOWING DEFINITIONS IN SECTION 8.15 (NOTE: PROPOSED TO BE ADDED TO NEW SECTION 8.27): 8.15 Home Husbandry A. Purpose. To permit the keeping of certain types of livestock and/or poultry for personal and/or educational non-commercial private home use where site-specific characteristics of a proposed area are compatible with such a use. B. Applicants for a Home Husbandry special permit shall provide a copy of the application, sent by Certificate of Mailing mail, to abutting property owners, including a notice of the day, time, and location of the public hearing, at least 35 days prior to the scheduled hearing. The applicant, prior to or at the public hearing, shall provide a copy of the Certificates of Mailing (Proof of Mailing) to the Zoning Official. C. Home Husbandry shall be permitted as an Accessory Use in Residential Districts that are not farms provided following regulations are met: (1) A special permit is not required for the keeping of the following, which only require a zoning permit issued by the zoning official. (a) (b) 6 or fewer rabbits/10000 sq. ft. of lot size 8 or fewer poultry with no roosters (2) Additional special permit requirements: (a) (b) (c) No person shall keep or maintain livestock and/or poultry in Residential Districts that are not Farms without first obtaining a special permit from the Commission after a public hearing. Farms and farming are exempt from these Home Husbandry regulations. Application for the special permit shall be made in writing by the owner of the land on which the livestock and/or poultry are to be kept and upon forms furnished by the Zoning Official. The Commission shall inspect (or have inspected) the premises before issuing a special permit to ensure that the land is capable of livestock and/or poultry keeping in accordance with the requirements of this Section. The Commission may consult with any agency as it deems appropriate for assistance in application review and property inspection. (3) Livestock and/or poultry kept for personal use shall be owned by residents or owners of the premises on which they are kept. D. Standards for Livestock and/or Poultry Keeping: (1) Confinement: (a) An appropriate shelter shall be provided for the keeping of livestock and/or poultry. (b) An appropriate fly and rodent proof container or structure for manure and bedding waste storage shall be provided and maintained to prevent run-off to adjacent lots or to watercourses. M:\PLANNING DEPARTMENT\AGRICULTURE\Agricultural Regs Draft docx Page 170 of 301

171 (2) Setback: (3) Health: (a) Setback distances between any shelter housing livestock and/or poultry shall be a minimum of: seventy-five (75) feet from any well located on applicant property and abutting properties, seventy-five (75) feet from any street line, or behind rear Building Line if applicable, forty (40) feet from any property line, and, one hundred (100) feet from any house upon property other than the applicant s. Setback distances for yard area shall be a minimum of twenty (20) feet from property lines. (b) The Commission may require greater setback distances if it deems it is necessary to help insure public welfare. (a) The living quarters of the livestock and/or poultry and the handling and disposal of solid and liquid wastes shall not create a public health hazard or have an adverse effect on the environmental quality of the surrounding area. (b) No condition shall be created that will adversely affect the performance of sewage disposal systems or water supplies located on the property or adjacent properties. (c) No persistent, offensive odors shall be detected off the premises. (4) Keeping Area. In addition to minimum lot size, the Commission shall use the following keeping area requirements as a guide in reviewing applications. Final determination of keeping area size will be made by the Commission to ensure that the activity will not create a public nuisance or health hazard. (a) Beef and Dairy Cattle: (i) (ii) (iii) (b) Goats and Sheep: Minimum shelter space of ten (10) feet by twelve (12) feet per animal. Minimum yard space of five thousand (5,000) square feet per animal for exercise area. If no pasture, one (1) acre per animal. (i) Minimum shelter space of twenty (20) square feet per animal. (ii) Minimum yard space of two hundred fifty (250) square feet of feed lot or exercise area per head. (iii) If pastured, five (5) head per acre. (c) Horses (full size): (i) Minimum shelter space: ten (10) feet by ten (10) feet box stall per animal. (ii) One (1) full size horse per acre with supplemental hay and feed. (d) Horses (miniature): (i) Mini-barn or mini-shelter as appropriate. M:\PLANNING DEPARTMENT\AGRICULTURE\Agricultural Regs Draft docx Page 171 of 301

172 (e) Rabbits: (f) Swine: (ii) Three (3) miniature horses per acre with supplemental hay and feed. (i) Minimum shelter space of one (1) square foot per pound of rabbit. (ii) A thirty-six (36) by thirty-six (36) inch cage with eighteen (18) inches of headroom for, on average, a nine (9) pound rabbit. (i) Minimum shelter space of twenty (20) square feet per pig consisting of a roof and solid man-made floor (not earth). (ii) Minimum yard space of one hundred (100) square feet per pig. (iii) No keeping area permitted in wetland or alluvial soils. (g) Poultry Minimums a. From 20,000 square feet to 40,000 square feet, a limit of four (4) poultry animals. b. Greater than 40,000 square feet a limit of eight (8) poultry animals per acre. c. Poultry shall be penned and not allowed to run at large off the owner s property (free-range). (1) Laying Hens: (2) Ducks: (3) Geese: (4) Turkeys: (i) Floor area of three and one half (3.5) square feet per bird. (ii) Roosters are not allowed on a home husbandry permit. (i) Floor area = four (4) square feet per bird. (ii) Yard space = forty (40) square feet per bird. (i) Floor area = six (6) square feet per bird. (ii) Yard space = eighty (80) square feet per bird. (i) Floor area of five (5) square feet per bird. (ii) Yard space of four hundred (400) to five hundred (500) square feet per bird. (5) Keeping areas for any animal will be evaluated for compliance with best animal management practices to ensure that animals are kept in a manner that will not constitute a public nuisance. (6) All shelter areas shall be located on moderately well drained and/or well-drained soils. E. Maximum Limits: The maximum number of animals permitted is five (5) in the Livestock category and twenty-five (25) in Poultry category M:\PLANNING DEPARTMENT\AGRICULTURE\Agricultural Regs Draft docx Page 172 of 301

173 F. Conditions of Approval. The Commission shall approve or disapprove a Home Husbandry Special Permit based upon its review of the application for conformity with the standards of this Section, consultant comments, property location, soils of area, proximity to neighbors, amount, method and location of manure storage, feed storage, number of animals, and type of animals. G. Periodic certification. Because -- (1) The nature and intensity of some types of home husbandry is likely to change over time. (2) There are inherent difficulties of determining continued conformance with the home husbandry regulations. (3) It is important to determine if the home husbandry has evolved such that it is endangering public safety, health, convenience, or neighboring property values; and (4) It is necessary to know if the home husbandry is inactive or has been abandoned, A holder of a home husbandry special permit shall certify to the Zoning Official that the home husbandry use is continuing and in compliance with these regulations every two years. M:\PLANNING DEPARTMENT\AGRICULTURE\Agricultural Regs Draft docx Page 173 of 301

174 2. ADD THE FOLLOWING DEFINITIONS TO SECTION 2.2 (Definitions): AGRICULTURE-RELATED TERMS: AGRICULTURE: Except as otherwise specifically limited in these Regulations, the words agriculture and farming shall include cultivation of the soil, dairying, forestry, raising or harvesting any agricultural or horticultural commodity, including the raising, shearing, feeding, caring for, training and management of livestock, including horses, bees, poultry, fur-bearing animals and wildlife, and the raising or harvesting of oysters, clams, mussels, other molluscan shellfish or fish; the operation, management, conservation, improvement or maintenance of a farm and its buildings, tools and equipment, or salvaging timber or cleared land of brush or other debris left by a storm, as an incident to such farming operations; the production or harvesting of maple syrup or maple sugar, or any agricultural commodity, including lumber, as an incident to ordinary farming operations or the harvesting of mushrooms, the hatching of poultry, or the construction, operation or maintenance of ditches, canals, reservoirs or waterways used exclusively for farming purposes; handling, planting, drying, packing, packaging, processing, freezing, grading, storing or delivering to storage or to market, or to a carrier for transportation to market, or for direct sale any agricultural or horticultural commodity as an incident to ordinary farming operations, or, in the case of fruits and vegetables, as an incident to the preparation of such fruits or vegetables for market or for direct sale. For the purposes of these regulations the term agricultural also includes the use of horses for riding, pulling, training, lessons, showing, and other similar uses, but only when such uses are incidental to the raising and/or boarding of horses on the same lot. AGRICULTURAL BUILDINGS AND STRUCTURES: Buildings or other structures used in connection with agriculture, including shelter for livestock and storage for farm machinery, equipment and supplies. AGRICULTURAL BUILDING, SPECIALIZED: A building used for (a) processing or packaging of farm products or by-products produced on the premises; (b) shelter for more than one hundred (100) cattle or pigs, 50 horses, or 20,000 fowl; or (c) workplaces for more than five (5) non-family employees. AGRICULTURAL COMMODITY: Same meaning as Farm products. AQUACULTURE: The term aquaculture means the farming of any waters and/or wetlands and the production of plant or protein food, including fish, oysters, clams, mussels and other molluscan shellfish. Aquaculture includes, without limitation, outdoor and/or indoor hatcheries, aquaponics, and hydroponics. M:\PLANNING DEPARTMENT\AGRICULTURE\Agricultural Regs Draft docx Page 174 of 301

175 FARM: A tract of land used, principally, for agriculture, with or without an associated single-family dwelling. In zoning districts in which a farm is allowed, both the agricultural activities and any single-family dwelling that may exist shall be deemed to be permitted, joint principal uses. FARM, ACCESSORY DWELLING UNIT: DEFINE. FARM, COMMERCIAL: A farm producing farm products for sale by wholesale, or for sale at locations (not including Farmers Markets) other than the farm property on which they were produced. A minimum of five (5) acres is required for a commercial farm. ADD IRS FORM NO. HERE. FARM, HOME: A farm producing farm products, principally for the use, consumption or education of the residents of the property. A minimum of three (3) acres is required for a Home Farm. Roosters are not permitted on Home Farms. ADD IRS FORM NO. HERE. FARM POND: A pond used as an accessory to an agricultural use. FARM PRODUCTS: Any products of agriculture, including fruits; vegetables; mushrooms; nuts; shell eggs; honey or other bee products; maple syrup or maple sugar; flowers; nursery stock; Christmas trees; other horticultural commodities; livestock food products, including meat, milk, cheese and other dairy products; food products of aquaculture, as defined above, including, but not limited to, all plant food, fish, oysters, clams, mussels and other molluscan shellfish; products from any tree, vine or plant and their flowers; or any such products that have been processed by a farmer, including, but not limited to, baked goods made with farm products. FARMERS MARKET: A for-profit or nonprofit cooperative, enterprise, or association that regularly occupies a given location, and that operates principally as a common marketplace for a group of farmers, at least two of whom are selling Connecticut-grown fresh produce, to sell Connecticut-grown farm products directly to consumers. FARM STAND, SEASONAL: A building or other structure from which agricultural products, primarily produced on the owner s premises in Ledyard are sold, in accordance with Section FARM STORE: Retail sales of farm products, the majority of which are produced in Ledyard. HOME HUSBANDRY: The non-commercial cultivation and production of edible crops or certain permitted livestock and/or poultry as an accessory use of the home and for the benefit of its residents, in accordance with Section M:\PLANNING DEPARTMENT\AGRICULTURE\Agricultural Regs Draft docx Page 175 of 301

176 ADD NEW SECTION 8.27 (AGRICULTURE) AS FOLLOWS: 8.27 AGRICULTURE Preserving the Town s existing farms and encouraging new farming activities are strong goals of the Town. Ledyard s farms are central to the community s rural image and overall value by providing many obvious benefits such as providing tax revenue with little demand on Town services; providing wildlife habitats and tracts of open space, essential to maintaining the high quality of life enjoyed by Town residents; and by providing local produce, meat and dairy products year round. The purpose of these regulations is to clearly define agriculture and to promote the economic and operational viability of existing agricultural operations while facilitating and promoting new operations. Agriculture is permitted in the FILL IN Zoning Districts as a principal use or in addition to any existing permitted principal use Definitions. See Section 2.2 of these Regulations for definitions relating to agriculture and farming. All such agriculture-related terms are considered agricultural uses and may require permits Application Requirements. The following activities/uses require a Zoning Permit and/or Commission review: a. The establishment of a new agricultural principal use as defined in 2.2. b. The expansion or modification of an existing farm/agricultural operation. c. Special Agricultural Buildings (see 827.6). d. The excavation of farm ponds (see 12.4 CHECK TO SEE IF THIS NEEDS TO BE ADDED TO SECTION). e. the construction of any new structures on a property. f. accessory uses and activities specifically identified in (A E); and g. any other use/activity specifically identified as requiring a permit Accessory uses (Ag-tivities, tourism, retail). The following activities are considered to be accessory to an established agriculture operation. For accessory uses and activities that may currently or in the future involve outdoor events, retail sales, and/ or potential trafficgenerating activities, a Zoning Permit and/or Commission review is required. A. Agricultural Tourism. The opening to the public of a working farm or any agricultural, horticultural or agribusiness operation for the purpose of enjoyment, education, or active involvement in the activities of the farm or operation. A site plan review by the Commission shall be required when agricultural tourism is to be conducted on any parcel six or more times in any calendar year, or when any agricultural tourism event may reasonably be expected to require parking on any single day for ten or more motor vehicles used by agricultural tourists. Otherwise, agricultural tourism requires only a zoning permit M:\PLANNING DEPARTMENT\AGRICULTURE\Agricultural Regs Draft docx Page 176 of 301

177 B. Ag-tivities. Events of limited duration on a farm that are incidental to agricultural uses, including, but not limited to, hayrides, corn mazes, festivals and other similar activities; onfarm sales such as farm stands and pick-your-own operations, retailing farm and farmrelated products (farm store); recreational and/or competitive equine enterprises, and onfarm processing operations provided they comply with all applicable state and municipal health codes. A site plan review by the Commission shall be required when Ag-tivities are to be conducted on any parcel six or more times in any calendar year, or when any Agtivities may reasonably be expected to require parking on any single day for ten or more motor vehicles used by visitors to the farm. Otherwise, Ag-tivities require only a zoning permit. C. Non-agriculturally Related Uses. 1. Activities that are part of an agricultural operation s overall offerings, but are not incidental to agriculture, or tied to agricultural buildings, structures, equipment, and/or fields. Such uses may include, but are not limited to, fee-based outdoor recreation such as bird watching, snow-shoeing, and other passive recreational activities. A site plan review by the Commission shall be required when such uses may reasonably be expected to require parking for ten or more motor vehicles used by visitors to the farm. Otherwise, such uses require only a zoning permit. 2. Small Event Barns for uses such as, but not limited to, retreats, weddings, workshops, classes (i.e. yoga, canning, wool dying etc.) are permitted by site plan review by the Commission, but no outdoor events or amplified music are permitted and adequate parking must be available on site to accommodate all expected motor vehicles. 3. Event Barns to be used for large-scale events, or any events in which the use of amplified music is planned or anticipated, require a Special Permit. In order to satisfy the conditions of a Special Permit with respect to noise, the Commission may limit the number of events per year and/or prohibit the use of amplified music outdoors. The Commission may impose additional restrictions on the use if it determines, after a hearing for which the owner of the farm is given written notice that the noise levels are causing a nuisance to nearby properties. D. Farm-Brewery. A Farm Brewery shall be considered to be accessory to an established agricultural operation if the farmer makes and sells beer (including hard cider) from ingredients primarily grown on the farm. A Farm Brewery is permitted wherever agriculture is permitted [Note: A Brew Pub would fall under Hospitality Uses, permitted in nonresidential Zones per 602 Change to accommodate Ledyard Regs]. In addition to the requirements of Site Plan approval, the following additional regulations shall apply. 1. The brewery shall be considered a Pilot or Nano brewery if it has production capabilities of no more than 15,000 barrels a year. However, in the I Zoning District, the M:\PLANNING DEPARTMENT\AGRICULTURE\Agricultural Regs Draft docx Page 177 of 301

178 manufacturing of greater quantities of beer and full-scale distribution operations may also be permitted as part of Site Plan approval. 2. The brewery must be clearly subordinate to a primary residence that is owner-occupied (or that houses a full-time caretaker/manager) 3. Accessory uses to the Farm Brewery may include a test kitchen, tasting room, retail farm store selling local produce, value-added products, and sealed bottles or other sealed containers of beer produced on site for consumption off the premises. Accessory structures such as sheds and barns incidental to the brewery are also permitted. 4. Hours of operation for the tasting room and retail store shall be 12:00 p.m. to 8:00 p.m. (year-round, 7 days a week). E. Seasonal Roadside Stand and Farm Stores 1. Roadside stands are permitted in all districts in accordance with Section 8.14 of these Regulations and require a zoning permit. 2. Farm Stores of any size require site plan approval by the Commission. F. Farm Accessory Dwelling Units. Farm Accessory Dwelling Units shall be used exclusively by a full-time caretaker or manager of the Farm and require a Special Permit approval by the Commission. EXPAND. G. General Requirements 1. Parking. Parking for all permitted agricultural accessory uses shall, to the maximum extent possible, be located in areas on the site where they will be the least visible from access roads and adjoining properties, but must allow for adequate sightlines for drivers traveling on the adjacent road and entering and exiting such spaces for such road. Setback requirements apply to all parking areas. Due consideration shall be given to the posted speed limit and other pertinent factors. The ZEO and/or Commission may require additional buffering to meet the intent of the parking and landscaping regulations. 2. Location and Noise. The location of outdoor events and activities associated with Agritourism and/or Ag-tivities on the farm shall take into consideration the current use of surrounding properties. The Commission and/or ZEO may require a specific separating distance and/or an appropriate buffer strip that screens any such activity from adjacent properties. The Commission may impose additional restrictions on the use if it determines, after a hearing for which the owner of the farm is given written notice that the noise levels are causing a nuisance to nearby properties. M:\PLANNING DEPARTMENT\AGRICULTURE\Agricultural Regs Draft docx Page 178 of 301

179 H. Home Husbandry. (Note: This Section to be revised) A. Purpose. To permit the keeping of certain types of livestock and/or poultry for personal and/or educational non-commercial private home use where site-specific characteristics of a proposed area are compatible with such a use. B. Applicants for a Home Husbandry special permit shall provide a copy of the application, sent by Certificate of Mailing mail, to abutting property owners, including a notice of the day, time, and location of the public hearing, at least 35 days prior to the scheduled hearing. The applicant, prior to or at the public hearing, shall provide a copy of the Certificates of Mailing (Proof of Mailing) to the Zoning Official. C. Home Husbandry shall be permitted as an Accessory Use in Residential Districts that are not farms provided following regulations are met: (1) A special permit is not required for the keeping of the following, which only require a zoning permit issued by the zoning official. (a) (b) 6 or fewer rabbits/10000 sq. ft. of lot size 8 or fewer poultry with no roosters (2) Additional special permit requirements: (a) No person shall keep or maintain livestock and/or poultry in Residential Districts that are not Farms without first obtaining a special permit from the Commission after a public hearing. Farms and farming are exempt from these Home Husbandry regulations. (b) Application for the special permit shall be made in writing by the owner of the land on which the livestock and/or poultry are to be kept and upon forms furnished by the Zoning Official. (c) The Commission shall inspect (or have inspected) the premises before issuing a special permit to ensure that the land is capable of livestock and/or poultry keeping in accordance with the requirements of this Section. The Commission may consult with any agency as it deems appropriate for assistance in application review and property inspection. (3) Livestock and/or poultry kept for personal use shall be owned by residents or owners of the premises on which they are kept. D. Standards for Livestock and/or Poultry Keeping: (1) Confinement: (a) An appropriate shelter shall be provided for the keeping of livestock and/or poultry. (b) An appropriate fly and rodent proof container or structure for manure and bedding waste storage shall be provided and maintained to prevent run-off to adjacent lots or to watercourses. M:\PLANNING DEPARTMENT\AGRICULTURE\Agricultural Regs Draft docx Page 179 of 301

180 (2) Setback: (a) Setback distances between any shelter housing livestock and/or poultry shall be a minimum of: seventy-five (75) feet from any well located on applicant property and abutting properties, seventy-five (75) feet from any street line, or behind rear Building Line if applicable, forty (40) feet from any property line, and, one hundred (100) feet from any house upon property other than the applicant s. Setback distances for yard area shall be a minimum of twenty (20) feet from property lines. (b) The Commission may require greater setback distances if it deems it is necessary to help insure public welfare. (3) Health: (a) The living quarters of the livestock and/or poultry and the handling and disposal of solid and liquid wastes shall not create a public health hazard or have an adverse effect on the environmental quality of the surrounding area. (b) No condition shall be created that will adversely affect the performance of sewage disposal systems or water supplies located on the property or adjacent properties. (c) No persistent, offensive odors shall be detected off the premises. (4) Keeping Area. In addition to minimum lot size, the Commission shall use the following keeping area requirements as a guide in reviewing applications. Final determination of keeping area size will be made by the Commission to ensure that the activity will not create a public nuisance or health hazard. (a) (i) (ii) area. (iii) (b) (i) Beef and Dairy Cattle: Minimum shelter space of ten (10) feet by twelve (12) feet per animal. Minimum yard space of five thousand (5,000) square feet per animal for exercise If no pasture, one (1) acre per animal. Goats and Sheep: Minimum shelter space of twenty (20) square feet per animal. (ii) Minimum yard space of two hundred fifty (250) square feet of feed lot or exercise area per head. (iii) (c) (i) (ii) If pastured, five (5) head per acre. Horses (full size): Minimum shelter space: ten (10) feet by ten (10) feet box stall per animal. One (1) full size horse per acre with supplemental hay and feed. M:\PLANNING DEPARTMENT\AGRICULTURE\Agricultural Regs Draft docx Page 180 of 301

181 (d) (i) (ii) (e) (i) Horses (miniature): Mini-barn or mini-shelter as appropriate. Three (3) miniature horses per acre with supplemental hay and feed. Rabbits: Minimum shelter space of one (1) square foot per pound of rabbit. (ii) A thirty-six (36) by thirty-six (36) inch cage with eighteen (18) inches of headroom for, on average, a nine (9) pound rabbit. (f) Swine: (i) Minimum shelter space of twenty (20) square feet per pig consisting of a roof and solid man-made floor (not earth). (ii) (iii) (g) Minimum yard space of one hundred (100) square feet per pig. No keeping area permitted in wetland or alluvial soils. Poultry Minimums From 20,000 square feet to 40,000 square feet, a limit of four (4) poultry animals. Greater than 40,000 square feet a limit of eight (8) poultry animals per acre. Poultry shall be penned and not allowed to run at large off the owner s property (freerange). Laying Hens: Floor area of three and one half (3.5) square feet per bird. Roosters are not allowed on a home husbandry permit. Ducks: Floor area = four (4) square feet per bird. Yard space = forty (40) square feet per bird. Geese: Floor area = six (6) square feet per bird. Yard space = eighty (80) square feet per bird. Turkeys: Floor area of five (5) square feet per bird. Yard space of four hundred (400) to five hundred (500) square feet per bird. M:\PLANNING DEPARTMENT\AGRICULTURE\Agricultural Regs Draft docx Page 181 of 301

182 (5) Keeping areas for any animal will be evaluated for compliance with best animal management practices to ensure that animals are kept in a manner that will not constitute a public nuisance. (6) All shelter areas shall be located on moderately well drained and/or well-drained soils. E. Maximum Limits: The maximum number of animals permitted is five (5) in the Livestock category and twenty-five (25) in Poultry category F. Conditions of Approval. The Commission shall approve or disapprove a Home Husbandry Special Permit based upon its review of the application for conformity with the standards of this Section, consultant comments, property location, soils of area, proximity to neighbors, amount, method and location of manure storage, feed storage, number of animals, and type of animals. G. Periodic certification. (1) The nature and intensity of some types of home husbandry is likely to change over time. (2) There are inherent difficulties of determining continued conformance with the home husbandry regulations. (3) It is important to determine if the home husbandry has evolved such that it is endangering public safety, health, convenience, or neighboring property values; and (4) It is necessary to know if the home husbandry is inactive or has been abandoned, A holder of a home husbandry special permit shall certify to the Zoning Official that the home husbandry use is continuing and in compliance with these regulations every two years Signage. In addition to the signs allowed pursuant to 9.0 of these Regulations, a farm may have: A. Agricultural Sign. One permanent free-standing or attached sign with an area no larger than 16 square feet per side, limited to two sides (no size limit applies to signs painted on a barn). Agricultural signs must comply with all other applicable standards specified in 9.0. B. Seasonal Agricultural Sign. One temporary free-standing or attached sign associated with a farm stand, seasonal farm stand, or agriculturally related use. Such signs shall not have an area larger than 16 square feet per side, with a maximum of two sides. One seasonal agricultural sign per farm stand, seasonal farm stand, and/or agriculturally related use is allowed. One additional seasonal agricultural sign per every 300 feet of frontage on a public right-of-way on a farm parcel is also allowed. At no time, however, M:\PLANNING DEPARTMENT\AGRICULTURE\Agricultural Regs Draft docx Page 182 of 301

183 shall any farm have more than six seasonal agricultural signs. Seasonal agricultural signs shall meet all other applicable standards specified in Specialized Agricultural Building. A. In deciding on any application for a Special Permit for a specialized agricultural building, the Commission shall seek to minimize the impact of any such use on nearby established residential, commercial, and institutional uses by requiring appropriate separation distances, buffers, and access route locations. B. No such building or any associated waste storage or treatment area shall be located closer than 225 feet from a front property line or closer than 300 feet from any other property line or from a watercourse, except that the distance to a property line may be reduced to 100 feet when the adjoining property is permanently preserved open space??. Think about this. M:\PLANNING DEPARTMENT\AGRICULTURE\Agricultural Regs Draft docx Page 183 of 301

184 2019 edition A publication of Connecticut Resource Conservation & Development Area Guidance for Connecticut Municipalities Zoning Regulations for Livestock: Best Practices Page 184 of 301

185 Acknowledgements This guide was produced by the Connecticut Resource Conservation and Development Area, Inc. (CTRC&D) in cooperation with the Connecticut Farm Bureau Association and the Connecticut Department of Agriculture. The CTRC&D would like to thank the following Advisory Committee members for their expertise, support and assistance: Ann-Marie Aubrey, Director of Planning and Development, Killingly Eric Barz, AICP, Windsor Town Planner Bonnie Burr, University of Connecticut Extension Mark Creighton, Connecticut Agricultural Experiment Station Susan Brett Davis, Cow/calf herd manager, Lebanon Jeanne Davies, AICP - Executive Director, CT Resource Conservation and Development Jeremy DeCarli, Planning and Zoning Official, East Hampton Doug Dubitsky, Esq., Connecticut General Assembly Chelsea Gazillo, Working Lands Alliance: A Project of American Farmland Trust John Guszkowski, AICP, CME Associates, Inc. Janice Ehlemeyer, Lower Connecticut River Valley Council of Governments Amanda Fargo Johnson, CT Resource Conservation and Development Wayne Kasacek, Connecticut Department of Agriculture Kip Kolesinskas, Consulting Conservation Scientist Joyce Meader, University of Connecticut Extension Dwight Merriam, FAICP, Attorney at Law, Simsbury Jenifer Nadeau, University of Connecticut Extension Joan Nichols, Connecticut Farm Bureau Association Joyce Purcell, USDA Natural Resources Conservation Service Richard Roberts, Halloran & Sage, LLP Dr. Bruce Sherman, Connecticut Department of Agriculture Joe Wettemann, Connecticut Department of Energy and Environmental Protection Members of the Lower Connecticut River Valley Regional Agricultural Council This publication is funded in part by matching funds from the Connecticut Department of Agriculture through the Community Investment Act PA Page 185 of 301

186 Foreword This guide was originally produced in June 2012 by Eastern Connecticut Resource Conservation and Development Area, Inc. in collaboration with American Farmland Trust, Connecticut Department of Agriculture, Connecticut Department of Energy and Environmental Protection, Connecticut Farm Bureau Association and University of Connecticut Cooperative Extension System with financial support from USDA Natural Resources Conservation Service. Prior to 2012, Connecticut municipalities had little guidance on how to locally regulate and zone for livestock raised for either production agriculture or personal use. This updated publication is intended to provide guidance to municipalities drafting land-use regulations related to livestock. Connecticut Resource Conservation and Development Area, Inc. is grateful for the expertise and guidance the Advisory Committee contributed to this publication and trusts this will be a valuable and widely used resource. ZONING REGULATIONS FOR LIVESTOCK: BEST PRACTICES 3 Page 186 of 301

187 Contents Section 1: Livestock Farming in Connecticut Municipalities... 5 Section 2: Planning and Zoning for Agriculture... 7 Municipal Restrictions on Livestock Farming... 7 Farmer and Community Engagement in the Regulatory Process... 8 Section 3: Section 4: State Guidance on Livestock Farming...10 Definition of Agriculture, Farming and Farm...10 Definition of Livestock and Poultry...11 Right to Farm Powers of the Commissioner of Agriculture and generally accepted agricultural practices Advisory Opinion of the Commissioner of Agriculture Specific Guidance on Livestock Farming...16 Animal Density...16 Site Suitability Setbacks & Buffers...19 Buffers for New Residences...19 Setbacks for Livestock Buildings...19 Setbacks for Swine...20 Setbacks for Fencing...20 Other Requirements for Livestock Buildings and Structures Manure Management Section 5: Livestock for Educational Projects and Small Plot Farming Youth Organizations Small Plot Farming (including Urban Backyards) Sample Ordinances Hens and Roosters Backyard Poultry Bees Other Livestock Section 6: Contact an Expert Directory Appendix A: Connecticut General Statutes Appendix B: Connecticut Public Health Code Checklist for Land Use Administrators and Commission Members Notes ZONING REGULATIONS FOR LIVESTOCK: BEST PRACTICES Page 187 of 301

188 SECTION 1 Livestock Farming in Connecticut Municipalities Throughout the history of agriculture in Connecticut, livestock has played a critical role in shaping the economic development and social life of Connecticut s municipalities. Livestock production sustained rural farm families, supplied raw products for manufacturing, and provided food exports for non-producing families in adjacent cities. Today, consumer demand for locally produced meat, eggs, poultry, fiber, cheese and other animal products has stimulated a renewed interest in livestock production for both retail and at-home consumption. According to the 2017 USDA Census of Agriculture 2,244 farms are raising livestock in Connecticut. Facts and Figures About Livestock Farms 40% of those 2,224 Connecticut farms raising livestock reported sales from livestock, poultry, dairy or related products of over $160 million. Milk and eggs are two of Connecticut s most valuable livestock products. The total economic impact of dairy products produced and sold exclusively in Connecticut is $6.89 billion. 440 Connecticut farms reported income from sheep, goats, wool, mohair and milk. Over 90,000 acres of Connecticut farmland are dedicated to producing forage and corn to feed livestock. Over 41,000 acres are reportedly used for pasture and grazing land. In this publication, the term livestock is used broadly and refers to animals raised for an agricultural purpose, such as food, fiber or labor. The term livestock includes poultry and horses. Although aquaculture is an important sector of livestock production in Connecticut, this guide does not attempt to provide recommendations on land use regulations related to aquaculture production. Source: 2017 Census of Agriculture, U.S. Department of Agriculture (USDA), National Agricultural Statistics Service (NASS). Another large and very important sector of the state s livestock industry is horse farms. Connecticut s equine sector has over 43,000 horses that are used for a variety of recreational, competitive and therapeutic purposes. While 88% of horses are privately owned, the remaining 12% are owned by businesses offering, boarding, training and breeding services with a total annual income of $39 million. Source: University of Connecticut, HorsePower, 2007 The Connecticut equine industry supports other sectors of the agricultural economy such as hay farmers, feed stores, large animal veterinarians, farriers, truck and trailer sales, fencing and farm suppliers and the construction trades. ZONING REGULATIONS FOR LIVESTOCK: BEST PRACTICES 5 Page 188 of 301

189 SECTION 1 The Importance of Connecticut Agriculture Over the past decade, Connecticut consumer interest in local farms and foods has skyrocketed. Schools, institutions, Community Supported Agriculture farms, year-round farmers markets and farm stores provide a bounty of fresh Connecticut-grown produce. Between 2012 and 2017, the market value of farm produce from direct consumer sales increased by 35% USDA Census of Agriculture In 2015, the Connecticut agricultural industry contributed $4 billion to the state economy and employed 21,000 workers. Connecticut farmland provides a variety of ecosystem services and environmental benefits. A typical Connecticut farm s cropland, pastures, wetlands and woodlands act as a natural filter for surface and groundwater and provide not just aquifer recharge areas but habitat for many land and aquatic species, feeding and breeding areas for local bird populations, and stopovers for migrating birds. Farms and farmland remain cornerstones of many Connecticut communities, linking the past to the future through a landscape of fields and pastures, stone walls and weathered barns shaped by generations of hard-working farm families. By maintaining the rural and historical New England landscape that visitors to Connecticut find so attractive, working farms serve an important role in the state s $ 14.7 billion travel and tourism industry and its 121,500 jobs. Connecticut Office of Tourism, Department of Economic and Community Development April 2018 Agriculture s Contribution to Municipal Budgets University of Connecticut, Economic Impacts of Connecticut s Agricultural Industry Update 2015, September 2017 Farms provide additional fiscal benefits in helping balance local town budgets. Over 20 years of studies around the country have shown that, even when assessed at its agricultural use value, farmland and other open space consistently generate more public revenue than they require in municipal services. Research in eight Connecticut towns concluded that for every $1 in property tax revenue generated by farmland, forestland and open space, on average just 31 cents is required in municipal services. That net positive fiscal impact means that for every $1 of property tax revenue from farm, forest and open space uses, fully 69 cents, more than two-thirds, is available to support other municipal services such as schools, emergency services and public works. Compare that positive fiscal impact with the negative fiscal impact from residential uses, for which a municipality must spend $1.11 to provide the services required for every $1 received in tax revenue. American Farmland Trust, Farmland Information Center, Fact Sheet; Cost of Community Services, September ZONING REGULATIONS FOR LIVESTOCK: BEST PRACTICES Page 189 of 301

190 SECTION 2 Planning and Zoning for Agriculture As with other businesses, a supportive municipal environment is important to the success of local farms. Each municipality s Plan of Conservation and Development (POCD) is the primary document through which a future vision of each town is expressed. Many municipalities refer to agriculture in their POCD and may cite the contributions of local farms to rural character, scenery and historical significance. However, regulations implementing the POCD may not always advance the plan s vision of a supportive environment for farming. Regulations that address issues specific to agriculture and provide the flexibility needed to accommodate growth and change in farm businesses help existing farms and encourage new ones. Zoning regulations, such as limits on signage and retail sales, can impact farm businesses in many ways. Enabling on-farm retail sales of livestock products, including raw milk, eggs, wool, manure compost and young animals, helps to maximize farm profits and ensure the viability of farm businesses. Municipal Restrictions on Livestock Farming The inclusion of non-agricultural development into traditionally agricultural areas, and the emergence of new agricultural businesses and homesteading in urban and suburban communities, have led many towns to introduce restrictions on livestock ownership. Some towns have adopted local regulations that: limit the number of animals per acre, require minimum acreage to own an animal, For a full discussion and recommendations for signage, on-farm retail, farm stands and farm stores, please review Planning for Agriculture: A Guide for Connecticut Municipalities. View the guide online by visiting farmlandinfo.org and searching for planning for agriculture guide. establish buffer requirements, prohibit certain classes of livestock, impose special permit requirements on livestock farming, seek to regulate animal husbandry, or create blanket prohibitions on any agricultural activity in dense residential zones. Such restrictions fail to take into consideration generally accepted farm management practices and sound science. Inconsistent regulations across town boundaries can create impediments for farmers who own or lease land for livestock farming in multiple towns. Finally, overly detailed regulations can result in confusion and a need for enforcement by municipal officials not trained to address livestock management issues. ZONING REGULATIONS FOR LIVESTOCK: BEST PRACTICES 7 Page 190 of 301

191 SECTION 2 Farmer and Community Engagement in the Regulatory Process Livestock farming is a unique land use that does not easily fit into conventional zoning regulations. In simplistic terms, it is not a one-size-fits-all application. Factors such as the breed and number of animals, animal husbandry, topography and soils, farm management practices, proximity to open space versus residential development, the scale of the operation, forage and pasture management, diversity of livestock housing, and manure and nutrient management practices need to be considered when drafting zoning regulations for the raising of livestock. Most municipal land-use officials and zoning commissions do not have expertise in livestock management to adequately write zoning regulations that will address all of these factors. Farmers want to be good neighbors by utilizing best-management practices to minimize impact to their surrounding community and the environment. The following are recommended steps municipalities should take before drafting zoning regulations for livestock: 1 Schedule an open forum in which local farmers, small-plot livestock owners, FFA and 4H members and advisers, and the non-farming community can come together to share ideas and provide input to local land-use officials and the zoning commission on draft regulations for the keeping of livestock. 2 Consult with the local agricultural commission or regional agricultural council. Farmers want to be good neighbors by utilizing bestmanagement practices to minimize impact to their surrounding community and the environment. 3 4 Consult with experts from UConn Extension, the Connecticut Department of Agriculture, the USDA Natural Resources Conservation Service and Connecticut Farm Bureau Association. (See Contact an Expert Directory). Schedule follow-up forums during which comments can be received on draft regulations before a public hearing is held. This process ensures that the adopted regulations are based on the needs of the farming and non-farming communities. Regional Agricultural Councils: Lower Connecticut River Valley Regional Agricultural Council CASE STUDY In 2011, CGS 7-131v was enacted allowing for two or more municipalities to form a regional agricultural council. In 2013, the Lower Connecticut River Valley Council of Governments, composed of elected officials from 17 towns in the lower Connecticut River Valley, unanimously voted to move forward with forming the first regional agricultural council in Connecticut. The Lower Connecticut River Valley Regional Agricultural Council represents the interests of agriculture in that region. The Council provides input on municipal zoning regulations and Plans of Conservation and Development, and helps promote agricultural businesses in the region with an interactive website. Residents who are supportive of agriculture or are engaged in farming and are interested in joining the Council are approved by the Chief Executive Officer (CEO). For additional information on the Lower Connecticut River Valley Regional Agricultural Council visit: 8 ZONING REGULATIONS FOR LIVESTOCK: BEST PRACTICES Page 191 of 301

192 SECTION 2 Agricultural Commissions Many Connecticut municipalities have created a formal town commission or committee to provide farmer input into town policies that impact local agriculture, and to help develop initiatives that will keep farming in the community viable. Agricultural commissions are typically advisory commissions created by ordinance, with no regulatory or enforcement authority. As an alternative to a formal agricultural commission, a municipality may consider appointing an informal advisory board or group of representatives to serve as the voice of agriculture in municipal affairs. Agricultural commission functions may vary by town, but most are established to help identify issues of concern to farmers, to raise public awareness of the benefits of local farms and working lands, and to identify ways in which towns can support the businesses and landuse needs of local farms. An agricultural commission can help ensure that the needs of agriculture are considered and integrated into town policies and regulations. For example, an agricultural commission can provide input on a Plan of Conservation and Development (POCD) or on zoning regulations, or to identify farmland that the town may wish to protect. A commission can help facilitate the resolution of farmerneighbor conflicts, sponsor farmers markets or town celebrations of agriculture, and serve as a clearinghouse for information on state and federal agricultural programs. Many commissions are taking an active role in establishing community farms and gardens, bringing agricultural education activities into the community, and developing marketing and tourism materials to promote local agricultural businesses and destinations as part of building local economic development. The AGvocate program provides guidance and support to agricultural commissions, farmers and municipalities. To learn more, visit agvocatect.org. The AGvocate Program The AGvocate Program is administered by the Connecticut Resource Conservation and Development Area, Inc. (CT RC&D) in partnership with a steering committee composed of members from The Last Green Valley, USDA Farm Service Agency (FSA), USDA Natural Resources Conservation Service (NRCS), USDA Rural Development (RD), UConn Extension, participating communities, agricultural businesses and other federal, state and nonprofit agencies and organizations. AGvocate is a grassroots program providing a forum for municipal officials, agricultural producers and other stakeholders to strengthen the farmfriendliness of Connecticut towns. The AGvocate program assisted 14 eastern Connecticut towns in adopting their own agricultural commissions and committees. Today the AGvocate program continues to provide guidance and support to agricultural commissions, farmers and municipalities. To learn more about the AGvocate program visit: ZONING REGULATIONS FOR LIVESTOCK: BEST PRACTICES 9 Page 192 of 301

193 SECTION 3 State Guidance on Livestock Farming Connecticut has long recognized the importance of agriculture and its unique nature as a land use. State laws and regulations governing agriculture place the authority to regulate farm activities with various state agencies, including the Connecticut Department of Agriculture, Connecticut Department of Energy and Environmental Protection and the Connecticut Department of Public Health. State policies are intended to strike a balance between protecting natural resources and ensuring public health, while allowing agriculture to grow as an industry. State laws that pertain to agriculture include Public Act 490 (Connecticut s current use assessment law for farmland, forest land and open space), tax exemption laws, sales and use tax, the Community Investment Act, Definition of Agriculture and Farming, the Inland Wetlands and Watercourses Act, the Right to Farm Law, Connecticut Public Health Code, Control of Rabies, Scrapie Eradication, Water Pollution Control regulations, Connecticut Fertilizer Law, as well as animal and anticruelty statutes. State law related to livestock production provides guidance for town officials seeking to develop municipal land use regulations. Whenever possible, municipalities should consider using state agriculture definitions in their municipal regulations to avoid creating inconsistent regulations that may adversely affect farm businesses and conflict with state statute. CGS 1-1(q) does not distinguish between commercial and non-commercial farms. Municipal wetland and watercourse regulations use CGS 1-1(q) s definitions as well. This section will focus on the following state statutes: Definition of Agriculture, Farming and Farm Definitions of Livestock and Poultry Right to Farm Powers of Commissioner of Agriculture and generally accepted agricultural practices Definition of Agriculture, Farming and Farm The Connecticut General Statute (CGS) 1-1(q) provides a definition of agriculture and farming that includes the raising, shearing, feeding, caring for, training and management of livestock, including horses, bees, poultry, fur-bearing animals and wildlife as well as numerous other activities, both intrinsic and incidental to ordinary farming operations. In the same subsection, the term farm includes farm buildings, and accessory buildings thereto, nurseries, orchards, ranges, greenhouses, hoop houses and other temporary structures or other structures used primarily for the raising and, as an incident to ordinary farming operations, the sale of agricultural or horticultural commodities. 10 ZONING REGULATIONS FOR LIVESTOCK: BEST PRACTICES Page 193 of 301

194 SECTION 3 A common issue in municipal regulations is the lack of definitions or inconsistent definitions for certain agriculture-related terms. Some municipalities have created regulations that apply to narrowly defined subsets of agriculture, such as livestock. These definitions narrow the scope of land uses considered farming and agriculture or limit the type of farming allowed. Municipalities may attempt to distinguish between non-commercial and commercial definitions of agriculture and between for-profit and not-for-profit operations. These distinctions are not helpful and are difficult to enforce. Farmers may not rely on the sales of their livestock as their sole source of income, however they may still have a need to sell livestock or agricultural products derived from their livestock. The land use impacts of a livestock farm are the same whether they are for-profit or nonprofit, and such distinctions serve little or no purpose. Recommendation Municipalities should make use of the statutory definitions of agriculture, farming and farm. In addition, CGS 8-2 requires municipal zoning commissions to use the state s definition of agriculture when considering the impact of zoning regulations upon agriculture. Zoning regulations should not attempt to distinguish between commercial and non-commercial farms and between for-profit and notfor-profit farms. Recommended language Definition of Agriculture and Farming: The terms agriculture, farming and farm shall have all those meanings set forth in Section 1-1(q) of the Connecticut General Statutes, as amended. Definitions of Livestock and Poultry The definition of livestock as any camelid or hooved animal raised for domestic or commercial use in CGS , even though limited to that chapter on diseases, is useful. CGS s (5) defines the term poultry as any species of domestic fowl, including, but not limited to, chickens, turkeys, ostriches, emus, rheas, cassowaries, waterfowl and game birds raised for food production, breeding, exhibition or sale. Both statutory definitions are broadly inclusive to promote the continued viability of livestock operations in the state. Local regulations may create exceptions to the state definitions. For example, the state statutory definition provides that agriculture and farming include processing. Processing is commonly interpreted to include slaughtering. Towns wishing to restrict livestock slaughtering in certain areas may do so, while still using the state definitions. Recommendation Municipalities should make use of the statutory definitions of livestock and poultry to limit potential disparities in the interpretation and enforcement of regulations and provide consistency across municipal boundaries. Recommended language Definition of Livestock: The term livestock shall be defined as it is in CGS , as amended. Definition of Poultry: The term poultry shall be defined as it is in CGS (s) (5), as amended. ZONING REGULATIONS FOR LIVESTOCK: BEST PRACTICES 11 Page 194 of 301

195 SECTION 3 Right to Farm Law The Connecticut Right to Farm Law, CGS 19a-341, was signed into law by Gov. William A. O Neill in May As more people and businesses moved to the rural areas of Connecticut, agricultural operations often were the subject of complaints. Right to Farm legislation was necessary to limit the circumstances under which agricultural operations could be subject to lawsuits. Municipalities should refer to the Right to Farm Law when responding to issues related to nuisance complaints covered under the law. Key Points of the Right to Farm Law The Right to Farm Law limits the circumstances under which agricultural or farming operations may be deemed to constitute a nuisance. The nuisances are: Odor: From livestock, manure, fertilizer or feed. Noise: From livestock or farm equipment used in normal, generally accepted farming practices. Connecticut General Statutes also use the term generally accepted agricultural practices in reference to cruelty to animals (CGS ). Dust: Created during plowing or cultivation operations. Chemical Use: Provided that the chemicals and their method of application conform to practices approved by the Commissioner of the Department of Energy and Environmental Protection or where applicable, the Commissioner of the Department of Public Health. Water Pollution: From livestock or crop production activities, except the pollution of public or private drinking water supplies, provided such activities conform to acceptable management practices for pollution control approved by the Commissioner of the Department of Energy and Environmental Protection. This law does not protect a farmer when a nuisance is due to negligence or willful or reckless misconduct. The Commissioner of the Connecticut Department of Agriculture or their designee shall determine whether the operation is following generally accepted agricultural practices. There are three conditions that qualify a farm for coverage under the Right to Farm Law. These include operations that: 1) have been in operation for one year or more, 2) have not been substantially changed, and 3) are following generally accepted agricultural practices. The law preempts local zoning relative to nuisances covered under the Right to Farm Law. The state s Inland Wetlands and Watercourses Act permits most farming activities including grazing in wetlands and watercourses as of right (CGS 22a-40). 12 ZONING REGULATIONS FOR LIVESTOCK: BEST PRACTICES Page 195 of 301

196 SECTION 3 Recommendation A municipality may consider adopting a local right to farm ordinance. Several Connecticut communities have enacted local right to farm ordinances. A local right to farm ordinance provides a policy statement that a municipality supports and encourages local agriculture. These ordinances do not create any additional protections for farmers above and beyond what the state statutes provide. A Municipal Right to Farm Ordinance helps inform new and prospective residents that they are moving into a farming community; can provide guidance to municipal enforcement officials on how to respond to issues related to the nuisances covered in the state Right to Farm Law, CGS 19a- 341; should mirror the state statute with a provision that the ordinance does not negate or diminish the authority of the various local regulatory agencies and commissions; is adopted through a vote of the municipal legislative authority; should not usurp the authority of the Commissioner of Agriculture. Recommended Language: See the Town of Lebanon ordinance (page 15) The Town of Lebanon Right to Farm Ordinance demonstrates the use of the state s definition of agriculture, reinforces the state Right to Farm Law, and recognizes the Commissioner of Agriculture s authority to determine generally accepted agricultural practices. Powers of Commissioner of Agriculture and Generally Accepted Agricultural Practices Standards and management practices for agriculture frequently change as new practices are developed and advances in science and technology are made. Under the Right to Farm Law, CGS 19a-341, the Commissioner of Agriculture has specifically been granted authority to determine generally accepted agricultural practices. Connecticut Public Health Code, Chapter 11 Environmental Health B1: Conditions specifically declared to constitute public nuisances. The following conditions are specifically declared to constitute public nuisances: (c) Barns or stables, hogpens, chicken yards or manure piles or accumulation of organic material so maintained as to be a breeding place for flies. While not defined in the Connecticut General Statutes, generally accepted agricultural practices are those methods of managing a farm operation that do not violate federal, state or local laws; damage public health, safety and general welfare; and are customary in the agricultural industry. Generally accepted agricultural practices are management practices recognized by various governmental agencies and departments, such as the Connecticut Department of Agriculture, the Connecticut Department of Energy and Environmental Protection, University of Connecticut Cooperative Extension System, The Connecticut Agricultural Experiment Station, and the USDA Natural Resources Conservation Service. Several state laws regulate agricultural management practices. For example, all farm operations, including livestock farms, are subject to the state s water pollution control statutes (CGS 22a-430, 22a-471, 22a-471(a), as well as the Connecticut Public Health Code, which specifically prohibits creating a breeding place for flies. ZONING REGULATIONS FOR LIVESTOCK: BEST PRACTICES 13 Page 196 of 301

197 SECTION 3 Advisory Opinion of the Commissioner of Agriculture The Commissioner of Agriculture is enabled pursuant to CGS 22-4c(4) to render an advisory opinion, upon request of any municipality, state agency, tax assessor or any landowner as to what constitutes agriculture or farming pursuant to CGS 1-1(q), (the state definition of agriculture and farming), or regarding classification of land as farmland or open space land pursuant to sections b to f (PA 490 statutes). Recommendation Zoning regulations should avoid detailed sections about livestock management and, instead, simply reference generally accepted agricultural practices. Zoning regulations should avoid detailed sections about livestock management and, instead, simply reference generally accepted agricultural practices. The Connecticut Commissioner of Agriculture is authorized to opine on whether a factual situation is consistent with generally accepted agricultural practices. Dust, noise, odor or any other issues that are specified in the state Right to Farm Law should be referred to the Connecticut Department of Agriculture. Questions related to whether certain activity is considered agriculture or farming should be referred to the Connecticut Department of Agriculture. Relying on expertise at the Connecticut Department of Agriculture is preferable to creating regulations for municipal officials who may not have the depth of experience or training to fully assess livestock management issues. Recommended language Farming and agriculture, as defined under Connecticut General Statute 1-1(q), allowed by right. All livestock operations shall follow generally accepted agricultural practices. Inspection and approval of the agricultural or farming operation, place, establishment or facility by the Commissioner of Agriculture or their designee shall be prima facie evidence that such operation follows generally accepted agricultural practices. 14 ZONING REGULATIONS FOR LIVESTOCK: BEST PRACTICES Page 197 of 301

198 SECTION 3 Town of Lebanon Right-To-Farm Ordinance Be it ORDAINED that the electors of the Town of Lebanon at a duly warned Special Town Meeting to be held on August 25, 2009: Section I: Purpose and Intent Agriculture plays a significant role in Lebanon s heritage and future. The Town officially recognizes the importance of farming to its rural quality of life, heritage, public health, scenic vistas, tax base, wetlands and wildlife, and local economy. This Right to Farm ordinance encourages the pursuit of agriculture, promotes agriculture-based economic opportunities, and protects farmland within Lebanon by allowing agricultural uses and related activities to function with minimal conflict with abutters and Town agencies. It is the declared policy of the Town of Lebanon to conserve, protect and encourage the maintenance and improvement of agricultural land for the production of food and other agricultural products and for its natural and ecological value. It is hereby further determined that whatever impact may be caused to others through generally accepted agricultural practices, such impact is offset and ameliorated by the benefits of farming to the neighborhood, community and society in general. Section II: Definitions The terms agriculture and farming shall have all those meanings set forth in Section 1-1(q) of the Connecticut General Statutes, as amended. Section III: Right to Farm No present or future agricultural operation conducted or maintained in a manner consistent with accepted agricultural practices, which is engaged in the act of farming as defined in this ordinance shall become or be considered a nuisance solely because such activity resulted or results in any changed condition of the use of adjacent land. Agricultural operations may occur any day or night provided such activities do not violate applicable health, safety, fire, zoning, wetlands, life safety, environmental or building codes and regulations and shall include, without limitation: 1. The incidental noise from livestock or farm equipment used in generally acceptable farming practices; 2. Odors from livestock, manure, fertilizer or feed; 3. Dust and fumes associated with normally accepted farming practices; 4. The use of agricultural chemicals provided such chemicals and the method of their application conform to practices approved by the State of Connecticut; and 5. Irrigation and water management associated with generally accepted farming practices. Inspection and approval of the agricultural or farming operation, place, establishment or facility by the Commission of Agriculture or his/her designee shall be prima facie evidence that such operations follow generally accepted agricultural practices. Nothing contained in this ordinance shall restrict the powers of Lebanon s Inland Wetlands Commission, Planning and Zoning Commission, Building or Health Departments under Connecticut General Statutes. ZONING REGULATIONS FOR LIVESTOCK: BEST PRACTICES 15 Page 198 of 301

199 SECTION 4 Farm parcels in Connecticut tend to be relatively small. 32% of farms are between 1-9 acres 39% of farms are between Specific Guidance on Livestock Farming Connecticut farmers typically manage multiple farmland parcels and are accustomed to utilizing careful land-use management practices to maintain soil and plant health, and nutrient management practices to maximize efficiency. Thus, animal housing, growing of feedstock, and management of manure may take place on multiple parcels. Livestock farming should not pose environmental risk or threat to public health if managed responsibly. A municipality choosing to regulate livestock farms should employ guidelines for livestock farming that focus on site suitability, reasonable setbacks and generally accepted agricultural practices for manure management. Regulation should not focus on acreage needs or animal units. Animal Density Animal density formulas were originally based on the pasture yield needed to support the animals nutrient needs. They were not intended to be used in municipal zoning regulations. Animal density formulas do not consider modern feeding and husbandry methods including rotational grazing, measured feed rations (grown off site), manure management techniques, and dedicated exercise programs. To address animal density issues, one needs to consider the management practices in place that reduce nuisances and provide for a healthy environment for the animals regardless of density. Animal density formulas that find their way into municipal zoning regulations can create enforcement issues, raising the expectation that zoning enforcement officers will spend their days literally counting sheep. Neither the state s definition of agriculture (CGS 1-1(q)) nor Public Act 490, the state s land use value assessment law (CGS b (1)), set minimum acreage requirements for farming, including the raising of livestock. Unfortunately, municipalities have often relied solely on animal density formulas (setting minimum acreage requirements or establishing an allowable number of animals per acre), regardless of the suitability of the site for livestock. (see Site Suitability below) acres Source: 2017 Census of Agriculture U.S. Department of Agriculture, National Agricultural Statistics Service. Current Use Assessment Law Public Act 490 is Connecticut s current use assessment law for farmland, forestland, open space and maritime heritage land. A parcel may meet the statutory requirements for classification as farmland under PA 490 because the use of the land is agricultural, even though the parcel may not be used as a farm due to minimum acreage requirements under municipal zoning regulations. 16 ZONING REGULATIONS FOR LIVESTOCK: BEST PRACTICES Page 199 of 301

200 SECTION 4 Pasturing Requirements The extensive pasture acreage once considered necessary under traditional grazing methods may not be an appropriate assumption for today s smaller farm operations. Pasture is not always necessary. If zero pasturing is practiced, the livestock owner will have to provide adequate purchased feed, have an exercise yard and develop a sound plan for stormwater and manure management. Larger poultry and livestock operations are sometimes handled in confinement type operations and managed intensely using science-based systems that provide a productive, safe, healthy environment for farm animals. Recommendation Zoning regulations for the raising of livestock should focus on setbacks, buffers and site suitability to minimize impact to the environment and adjacent properties. In moderate- to high-density residential areas, it may be prudent to restrict agricultural and farm use to some extent. In those areas, a permit for livestock should be considered to enable site-specific review and potentially allow livestock where it can be demonstrated to be appropriate, sometimes with conditions. Recommended language Consultation with an agency, organization or consultant recognized by the Connecticut Department of Agriculture as having expertise in the area of generally accepted agricultural practices may be required or requested as a condition of approval by the livestock owner. In public water supply watersheds or designated aquifer recharge areas, a Conservation Plan developed in consultation with said expert may be required. Site Suitability Land parcel characteristics that contribute to site suitability include the degree of slope, location, soil characteristics and surface water runoff. Farming including the grazing of animals is allowed as of right under Connecticut s Inland Wetlands and Watercourses Act (CGS 22a-40). Larger poultry and livestock operations are sometimes handled in confinement type operations and managed intensely using science-based systems that provide a productive, safe, healthy environment for farm animals. Slope: Sites with steep slopes should be avoided or improved to avoid heavy surface water runoff, soil erosion, downgradient sedimentation or conditions that are hazardous for keeping of animals. Areas with a steep slope may be used for certain agricultural production activities, such as grazing, if they are properly maintained so that soils are not exposed and utilize buffers to filter and trap nutrients before they enter surface waters. Location: Animals should be kept in a location that does not negatively impact an on-site sewage disposal system, water supply well, surface water or wetlands. Surface Water Runoff: Surface water runoff systems should be designed to avoid contamination of water supplies and should comply with Connecticut Department of Energy and Environmental Protection water quality standards. ZONING REGULATIONS FOR LIVESTOCK: BEST PRACTICES 17 Page 200 of 301

201 SECTION 4 Recommendation Zoning regulations should focus on site suitability to protect soil and water quality, on-site sewage disposal areas, wells, surface water and impact to abutting properties. Recommended language Paddocks, Pastures and Pens: A contiguous owned or leased area, used for confining of livestock which excludes areas occupied by dwelling units, nonagricultural buildings, onsite sewage disposal systems, and meets general criteria as described below in Site Suitability and Impact. Animal shelters are permitted within the confined area. Site Suitability and Impact: In order to minimize potential adverse impacts, all farms shall use the following criteria for compliance: Sites with slopes dominantly greater than 15% shall be avoided or improved utilizing generally accepted agricultural practices to avoid excessive surface water runoff, soil erosion or hazardous conditions for keeping animals. Zoning regulations should focus on site suitability to protect soil and water quality, on-site sewage disposal areas, wells, surface water and impact to abutting properties. Animal confinement areas shall not be permitted directly over land containing an on-site subsurface sewage disposal system. Proper drainage shall be provided to avoid ponding of water. Clean water shall be diverted from animal confinement areas. Contaminated stormwater runoff shall be collected or treated to minimize impact on surface or subsurface water supplies, and runoff shall not be directed to neighboring properties. All livestock shall be kept in such a manner that shall not cause unreasonable noise, odor, vermin or insects. Livestock shall always be suitably and adequately confined or controlled. Requirements of public health code shall be followed. 18 ZONING REGULATIONS FOR LIVESTOCK: BEST PRACTICES Page 201 of 301

202 SECTION 4 Setbacks and Buffers Setbacks and other buffers create a physical separation between land uses that can help prevent land-use conflicts and potential nuisance lawsuits. However, some communities require excessively large setbacks that effectively eliminate opportunity for even small-scale livestock production. Large setbacks are not needed when farmers are following generally accepted agricultural practices. Buffers for New Residences Recommendation To minimize conflicts between existing farms and new residences, towns can require that new building lots abutting farmland install landscaped buffers or maintain undisturbed natural vegetation along property lines to create a sight barrier and help reduce the impact of odors, noise and dust from farms. In approved subdivisions, an agricultural buffer could be part of the open space requirement and maintained by the non-farming lot owners. The burden of maintaining a vegetative buffer should not be placed on existing farm operations but rather on adjacent new residential development to avoid the potential for future conflict. Recommended language Agricultural Buffer for New Residences: A 100-foot agricultural buffer is required where a new residence is proposed adjacent to agricultural land. The agricultural buffer shall be considered part of the open space. The planting of trees and shrubbery may be required as part of an agricultural buffer. A buffer of lesser width may be approved if it can be demonstrated to adequately protect both the residential lot and the agricultural use. Setbacks for Livestock Buildings Recommendation Zoning regulations could include reasonable setbacks for buildings that are used to house and shelter animals. What is reasonable may vary from town to town. If a town chooses to enact setbacks for livestock buildings, some livestock owners may be forced to seek a variance for small or oddly shaped parcels. It is important that setbacks are not treated as zero-activity buffers. A building setback should not hinder the movement of animals up to the property line. Towns may choose to be less restrictive by applying the setback to only the portion of a building used to house or shelter livestock. There is specific guidance from the state on setbacks for a pigsty (enclosure for raising pigs). See Setbacks for Swine. For the raising of small food-producing animals, including hens, rabbits, bees, ducks, sheep and goats, see Section 5. To minimize conflicts between existing farms and new residences, towns can require that new building lots abutting farmland install landscaped buffers or maintain undisturbed natural vegetation along property lines. Recommended language The portion of a building used for the housing and shelter of livestock shall be at least 100 feet from any property line. A setback of lesser width may be approved if it can be demonstrated to adequately protect both the residential and the agricultural and livestock use. ZONING REGULATIONS FOR LIVESTOCK: BEST PRACTICES 19 Page 202 of 301

203 SECTION 4 Municipalities should allow the raising of swine when a farm complies with state public health code and utilizes generally accepted agricultural practices. Setbacks for Swine Some zoning regulations prohibit the keeping of swine or piggeries within their municipality. There is a renewed interest in fresh, locally raised pork. Municipalities should allow the raising of swine when a farm complies with state public health code and utilizes generally accepted agricultural practices. The Connecticut Public Health Code (Section B23(a)) requires setbacks for pigs. However, such setbacks are measured from adjacent dwellings, not from property lines. The Code states that a pigsty (enclosure for raising pigs) must be 300 feet from any adjacent dwelling. A gestation and farrowing barn on a property which has been in continuous use as a farm for at least 50 years may continue if it is 200 feet from any inhabited dwelling on the property, except the proprietor of the barn (CGS 19a-341a). Recommendation Allow the raising of swine and piggeries provided the farm complies with the Connecticut Public Health Code, utilizes generally accepted agricultural practices and meets the requirements for setbacks and site suitability. Setbacks for Fencing Farms should be able to utilize all their suitable acreage for pasture. Municipal regulations should not require setbacks for fencing from property lines. Setbacks for fencing take land out of agricultural production, create a maintenance problem for the farmer, and can create confusion over where the property line is legally located. State statutes allow, and in certain limited circumstances may require property owners to fence up to the property line (CGS 47-43). 20 ZONING REGULATIONS FOR LIVESTOCK: BEST PRACTICES Page 203 of 301

204 SECTION 4 Recommendation Since the fencing requirements of livestock vary greatly depending on the type, size and age of the animals, municipalities should not attempt to regulate fencing construction, height or location. Recommended language Fencing for livestock shall be installed so that no part of the animal can reach over the property boundary line and of a nature to ensure the livestock safely stay within the fenced area. Other Requirements for Livestock Buildings and Structures The shelter and enclosure requirements for livestock vary greatly depending on the animal species and the farming operation. Shelters may be permanent or temporary, or may be trees and other natural windbreaks. The size may vary based on the access to outside lots and overall management of the farm. Regulations should allow the landowner to erect or install any number of structures that are appropriate as long as setbacks and other dimensional requirements are met. Recommendation The shelter and enclosure requirements of livestock are an issue of animal husbandry and should not be addressed in municipal zoning regulations. A plot plan may be required as part of a building permit for any permanent structure that will be used to house livestock. Permanent structures would not include movable shelters for poultry, for example, that are designed to be periodically relocated on the lot. In most cases, a licensed surveyor should not be required for this process unless the structure is very large or the setback line is in question. Recommended language An owner or lessee may request that the Zoning Enforcement Officer review compliance with zoning requirements by providing: Fencing for livestock shall be installed so that no part of the animal can reach over the property boundary line and of a nature to ensure the livestock safely stay within the fenced area. A sketch/diagram which can be created using the town GIS system, and best available boundary and site data; The boundaries of the property on which the animals are to be kept; Location of all existing structures including dwellings on abutting properties, onsite wells and sewage disposal systems (refer to the Health Department); Location of proposed animal shelter and paddocks, pasture(s) and pens, including fences; Number and type of animals to be kept; Location of watercourses, water bodies and wetlands; Areas of slope in excess of 15%; and A narrative describing the total acreage of the site where animals are to be kept, the general nature and scope of the proposed use, and the provisions for storage of feed, grain, hay, animal excrement and any associated wastewaters. ZONING REGULATIONS FOR LIVESTOCK: BEST PRACTICES 21 Page 204 of 301

205 SECTION 4 Manure Management Poor management of livestock manure and wastewater can create issues and complaints from neighbors about odors, flies and contamination of well and surface water. Farmers who follow generally accepted agricultural practices can prevent potential issues and nuisance complaints. These practices include the proper collection, storage, land application and removal of livestock manure, management of flies and control of runoff. Farmers who follow generally accepted agricultural practices can prevent potential issues and nuisance complaints. These practices include the proper collection, storage, land application and removal of livestock manure, management of flies and control of runoff. Various state agencies regulate management of manure and wastewater from livestock production. They have the expertise and authority to properly enforce manure and wastewater management practices and water management practices to protect human health and natural resources. Livestock owners must comply with the Right to Farm Law (CGS 19a - 341); Connecticut Department of Energy and Environmental Protection water pollution control statutes (CGS 22a - 430), and the Connecticut Public Health Code. For planning purposes, livestock owners are encouraged to consult the guidance presented in the USDA Natural Resources Conservation Service Electronic Field Office Technical Guides for Connecticut (efotg) Technical and financial resources are available to help develop farm conservation plans and design and install conservation practices through the USDA Natural Resources and Conservation Service. Connecticut s five Conservation Districts may also assist in developing farm conservation plans. Recommendation Municipalities should avoid prescribing manure management practices through zoning regulations. Municipal officials should instead focus on ensuring livestock operators are aware of resources to aid in manure management (see Text Box). Since best management practices are constantly evolving, zoning regulations should not mandate strict adherence to any specific management technique. In some cases, site plans may be required for engineered waste management systems. Problems associated with manure management should first be referred to the Connecticut Department of Agriculture. The Connecticut Department of Agriculture may need to rule on whether the farm is following generally accepted agricultural practices. University of Connecticut Cooperative Extension System and USDA Natural Resources Conservation Service specialists may assist with best management practices to address manure management issues. Concerns about water quality are within the purview of the Connecticut Department of Energy and Environmental Protection. Problems with flies are within the purview of the local public health district. 22 ZONING REGULATIONS FOR LIVESTOCK: BEST PRACTICES Page 205 of 301

206 SECTION 4 Assistance to Livestock Operators on Manure Management Connecticut Department of Agriculture Opinion on generally accepted agricultural practices on a case-by-case basis Technical assistance and guidance for composting Connecticut Department of Energy and Environmental Protection Planning guidance through the Manual of Best Management Practices for Agriculture: deep/aquifer_protection/ BMPs_agriculture.pdf Review and approval of Comprehensive Nutrient Management Plans (CNMP) developed by a conservation planner for compliance with state and federal water pollution control regulations Review and approval of manure management plans developed for producers who are required to have such a plan on a case-by-case basis University of Connecticut Extension Technical assistance on best management practices for nutrient management, odor and fly control, and water quality USDA Natural Resources Conservation Service Financial assistance to help develop conservation plans and design, inspect, and install the necessary conservation practices and management plans Technical assistance to develop farm conservation plans and design conservation practices Development of Comprehensive Nutrient Management Plans (CNMPs), in partnership with CT DEEP, CT Department of Agriculture, and University of Connecticut Cooperative Extension Development and maintenance of standards for the design and installation of conservation practices to reduce impacts from animal agriculture. Available through the Electronic Field Office Technical Guide (EFOTG) at Planning guidance through 2011 Good Horse Keeping Best Practices Manual for Protecting the Environment. Available through the Connecticut Natural Resource Conservation Service Office Connecticut Conservation Districts Technical assistance to assess the farm and assist in the development of a conservation plan and Comprehensive Nutrient Management Plan RESOURCES FOR FARM OPERATIONS ZONING REGULATIONS FOR LIVESTOCK: BEST PRACTICES 23 Page 206 of 301

207 SECTION 5 Livestock for Educational Projects and Small Plot Farming Youth organizations (such as FFA, 4-H) and other agricultural education projects FFA students often choose to raise livestock as part of their required high school curriculum to satisfy their supervised agricultural experiences. Younger children are introduced to the raising and care of animals through local 4-H clubs. These invaluable projects teach youth about responsibility and decision-making and provide training for careers in animal science, veterinary science and livestock production. Overly restrictive zoning regulations may unintentionally limit or eliminate these educational and training opportunities. Recommendation Zoning regulations should permit the raising of livestock for FFA, 4-H and other student projects provided generally accepted agricultural practices are followed. Recommended language Student projects involving the keeping of farm animals are authorized by right subject to issuance of a certificate of zoning compliance. The application for approval of the certificate of zoning compliance shall include the certification by the 4H Club Agent of the Cooperative Extension System or a qualified school instructor or project manager that the applicant s Statement of Use and Animal Management Plan comprehensively describes the proposed project, including shelter provisions, outside confinement areas and manure management; protects animal welfare and is expected to have no potential adverse environmental and neighborhood impacts. Small Plot Farming (including Urban Backyards) In recent years, there has been growing interest in smallplot farming in which urban and suburban residents replace their lawns with fruit and vegetable gardens, edible landscapes, beehives, and protein sources e.g., hens for fresh eggs. The trend reflects a consumer preference for locally grown food, especially food grown in one s backyard, that is healthier, tastier and environmentally more sustainable. For low-income households, access to healthy foods can be a chronic issue. Small-plot farming can offer an important solution. To illustrate, New Haven recently revised its zoning regulations to allow up to six hens on any property for personal use. 24 ZONING REGULATIONS FOR LIVESTOCK: BEST PRACTICES Page 207 of 301

208 SECTION 5 Recommendation Municipalities should allow intensive use of small residential parcels for some types of food production, including raising livestock and poultry. Generally accepted agricultural practices should always be applied regardless of the scale of the operation. Farms, as defined in municipal zoning regulations, should be exempt from regulations pertaining to the keeping of livestock and poultry on small residential parcels. There are numerous examples of regulations for the keeping of livestock and poultry on small plots. The following sample ordinances are useful to consider as models for zoning that would allow the raising of food-producing animals including hens, rabbits, bees, ducks, goats and sheep on small plots. sample ordinance Hens New Haven, Connecticut No more than six hens may be kept on any property located in residence zoning districts as a non-commercial accessory use. The use shall be confined to a fenced enclosure of no more than 200 square feet in area, located in a rear yard. The fenced enclosure shall be at least 25 feet from any street line, at least 15 feet from any residential dwelling and at least five feet from any property line. In the instance that more than one distance requirement shall apply, the greater distance requirements shall apply. distance shall be screened by either a fence or a landscaped buffer of at least four feet in height. A building shall be required for the hens. Any building used for this purpose shall be located at least ten feet from any lot line. All such buildings shall be constructed, and all food products kept so as to prevent offensive odors and the presence of pests and predators. No rooster shall be kept on any property. These sample ordinances are useful to consider as models for zoning that would allow the raising of food-producing animals, including hens, rabbits, bees, ducks, goats and sheep, on small plots. Any portion of the enclosure located closer than ten feet to a property boundary or directly visible from a street line at any The keeping of hens shall be conducted in a manner consistent with and in compliance with the Health Code of the City of New Haven. ZONING REGULATIONS FOR LIVESTOCK: BEST PRACTICES 25 Page 208 of 301

209 SECTION 5 sample ordinance Backyard Poultry Ellington, Connecticut Keeping of Backyard Poultry Applicability: Backyard poultry shall include chickens, ducks, turkeys, and other birds of similar mature size, but not guinea hens, peacocks, emus or ostriches. Farms shall have no limit on the number of poultry that may be kept. Minimum Lot Size: A property must be greater than or equal to 20,000 square feet in order to keep backyard poultry. Number of Poultry: A property which meets the minimum lot size may keep up to a maximum of 8 backyard poultry. Roosters: Roosters are not permitted on property which has less than 3 acres. Management: Backyard poultry shall be suitably contained on the premises at all times. Free range backyard poultry are prohibited. Waste Management: The storage and management of waste (e.g. a combination of manure and bedding) for backyard poultry shall be in accordance with the Public Health Code, as amended. In no case shall waste be located closer to property lines than the minimum setback requirements for structures and enclosures for the keeping of backyard poultry and shall not exceed 2 cubic yards at any given time. Setbacks and Permitting Requirements: Structures less than 200 square feet and enclosures (such as fenced areas) for the keeping of backyard poultry shall be a minimum of 20 feet from the side and rear property lines and 50 feet from the front property line, or meet the setbacks of the underlying zone (whichever is greater). These structures and enclosures shall not require a Zoning Permit, but all owners of backyard poultry shall submit a written statement to the Zoning Enforcement Officer certifying compliance to these regulations. Any structure for the keeping of backyard poultry that is greater than or equal to 200 square feet shall require review in accordance with Section B or Section A, as applicable. Site Suitability and Impact: In order to minimize potential adverse impacts, the following shall apply: Sites with slopes greater than 15% shall be avoided or improved to avoid heavy surface water runoff, soil erosion, sedimentation or hazardous conditions for keeping backyard poultry. Structures for the keeping of backyard poultry shall not be permitted directly over land containing an on-site sewage disposal system. Structures and enclosures (such as fenced areas) shall not be permitted directly over wells. Proper drainage shall be provided to avoid collection of water. Water shall be diverted from poultry keeping areas; however, such water shall not pollute surface or subsurface water supplies nor shall runoff be directed to neighboring properties. 26 ZONING REGULATIONS FOR LIVESTOCK: BEST PRACTICES Page 209 of 301

210 SECTION 5 sample ordinances Bees Connecticut Agricultural Experiment Station Recommendations Honeybee colonies are considered livestock in Connecticut and should be treated humanely at all times. Honeybees are required by law to be registered annually with the office of the State Entomologist and are subject to inspection at reasonable times. Beekeepers and regulatory officials can contact the State Bee Inspector at the Connecticut Agricultural Experiment Station for technical guidance. Hive Placement: Hives should be placed away from roads, walkways or rights of way. They should be placed in a quiet part of a yard. They should not be placed near any location where there is human or pet traffic. The hive entrance should be placed facing the hive owner s property. If placed near a property line (not closer than 10 feet), there should be either a fixed wall or a dense vegetative barrier, of at least six feet in height, between the hives and the property line. Hive Density: Urban neighborhoods There are many examples of bees being managed in urban settings. Honeybee hives are currently being kept in downtown locations like: Hartford, New Britain and New Haven and on the campus of several high schools, without issues. The more developed an area is, the more a beekeeper must be attentive to his bees to prevent conflicts. Lots of ¼ acres or less should limit the number of colonies to no more than two colonies and up to two nucleus colonies (nucs). Lots of ¼ acre to 1 acre should limit the number of colonies to six colonies and up to four nucs. Lots greater than 1 acre will not be limited as long as the guidelines on hive placement are followed. Limitations will not be imposed under the following two conditions: If the hives are situated more than 200 feet from a property line. If the adjoining property is undeveloped land. Keeping of Bees Ellington, Connecticut Minimum Lot Size: The keeping of bees shall be allowed on any property greater than or equal to 30,000 square feet. Setbacks & Permitting Requirements: Beehives shall be a minimum of 10 feet from all property lines or conform to the setback requirements of the underlying zone, whichever is greater and shall be a minimum of 25 feet from any dwelling on abutting properties. ZONING REGULATIONS FOR LIVESTOCK: BEST PRACTICES 27 Page 210 of 301

211 SECTION 5 sample ordinance Other Livestock Wethersfield, Connecticut The town of Wethersfield allows for the keeping of pets and livestock on residential property greater in area than 8,000 square feet. The provisions of Section 3.5 of the zoning regulations establish the requirements for pets and livestock. The town has created this guide in an effort to summarize the requirements of these regulations for individuals interested in keeping pets and/or livestock on their property. What Is Considered Livestock? The term livestock includes horses, cows, sheep, goats, hens, rabbits and similar animals. What Is Considered a Livestock Unit? A livestock unit is defined as follows: one horse, cow or similar large animal whose mature weight exceeds 500 pounds; three sheep, goats or similar medium-size animals whose mature weight is between 30 and 500 pounds; or fifteen hens, rabbits or similar small animals whose mature weight is less than 30 pounds. Livestock Allowed by Zoning Permit Approval Issued by the Zoning Enforcement Official Livestock is allowed (following the permit approval process by the zoning enforcement official) on residential premises solely for the personal use of the occupants or when accessory to a farm, under the following conditions: An appropriate permanent shelter shall be provided for all livestock and such shelter shall be located at least: 100 feet from the street line, 50 feet from a rear property line, 25 feet from a side property line, and 100 feet from a reservoir, pond, or watercourse. All manure shall be: Kept in a covered, water-tight pit or chamber as approved by the Wethersfield Health Department. Removed at least once a week during the period from May 1st to October 1st and during the other months at intervals sufficiently frequent to maintain a condition which is sanitary and free from offensive odors to the satisfaction of the Director of Health. Located at least 100 feet from any street line and 50 feet from any lot line. Visually screened from the street or any neighboring lot. Any pre-existing non-conforming fence for confining livestock may be repaired, maintained or replaced. Additional regulations of the Public Health Code, the Department of Energy and Environmental Protection, the Connecticut Department of Agriculture, and the Connecticut General Statutes may apply. The keeping of livestock may include raising, breeding, instructing, training, sales, boarding, riding, driving and other similar uses. The keeping of bees is permitted in conjunction with a residence. All livestock shall be confined in keeping areas with adequate fencing located at least 25 feet from any lot line. 28 ZONING REGULATIONS FOR LIVESTOCK: BEST PRACTICES Page 211 of 301

212 SECTION 5 The keeping of bees is permitted in conjunction with a residence. ZONING REGULATIONS FOR LIVESTOCK: BEST PRACTICES 29 Page 212 of 301

213 SECTION 6 Contact an Expert Directory Several state and federal agencies across Connecticut have been given the authority to regulate agriculture and the keeping of livestock. Staff in these agencies are experts and are available to assist farmers and municipalities. Contact one of the experts listed below when questions arise concerning issues related to the keeping of livestock. Generally Accepted Agricultural Practices CT Department of Agriculture (860) Water Quality and Wetlands CT Department of Energy and Environmental Protection (860) USDA Natural Resources Conservation Service (860) Animal Health and Husbandry CT Department of Agriculture (860) University of CT Extension (860) Horse Environmental Awareness Program programs/rc&d/km_ heap-program.html University of CT Extension Equine Specialist (860) (equine extension program) Bees: CT Agricultural Experiment Station (203) Manure Management Note: Fly issues associated with manure management should be referred to the Connecticut Department of Agriculture first for assessment and resolution of the issue. The DOA will assist the local or district health department official when evaluating a manure management practice and/or fly issue that may be within their legal jurisdiction. CT Department of Agriculture (860) CT Department of Energy and Environmental Protection (860) University of CT Extension (860) USDA Natural Resources Conservation Service (860) CT Conservation Districts General Site Suitability USDA Natural Resources Conservation Service: (860) CT Conservation Districts General Farm Resources CT Farm Bureau Association: (860) CT Resource Conservation and Development (860) CT Conservation Districts Regional Councils of Government IGPP-MAIN/Responsible- Growth/Regional-Planning- Organizations-RPO Lower CT River Valley Regional Agricultural Council (860) Northeast Organic Farming Association of CT (203) ZONING REGULATIONS FOR LIVESTOCK: BEST PRACTICES Page 213 of 301

214 Appendix A Selected Connecticut General Statutes** Definition of Agriculture, Farming and Farm: CGS 1-1(q) 1-1. Words and phrases. (q) Except as otherwise specifically defined, the words agriculture and farming shall include cultivation of the soil, dairying, forestry, raising or harvesting any agricultural or horticultural commodity, including the raising, shearing, feeding, caring for, training and management of livestock, including horses, bees, poultry, fur-bearing animals and wildlife, and the raising or harvesting of oysters, clams, mussels, other molluscan shellfish or fish; the operation, management, conservation, improvement or maintenance of a farm and its buildings, tools and equipment, or salvaging timber or cleared land of brush or other debris left by a storm, as an incident to such farming operations; the production or harvesting of maple syrup or maple sugar, or any agricultural commodity, including lumber, as an incident to ordinary farming operations or the harvesting of mushrooms, the hatching of poultry, or the construction, operation or maintenance of ditches, canals, reservoirs or waterways used exclusively for farming purposes; handling, planting, drying, packing, packaging, processing, freezing, grading, storing or delivering to storage or to market, or to a carrier for transportation to market, or for direct sale any agricultural or horticultural commodity as an incident to ordinary farming operations, or, in the case of fruits and vegetables, as an incident to the preparation of such fruits or vegetables for market or for direct sale. The term farm includes farm buildings, and accessory buildings thereto, nurseries, orchards, ranges, greenhouses, hoophouses and other temporary structures or other structures used primarily for the raising and, as an incident to ordinary farming operations, the sale of agricultural or horticultural commodities. The term aquaculture means the farming of the waters of the state and tidal wetlands and the production of protein food, including fish, oysters, clams, mussels and other molluscan shellfish, on leased, franchised and public underwater farm lands. Nothing herein shall restrict the power of a local zoning authority under chapter 124. Definition of Livestock: CGS Orders and regulations for control of livestock diseases. For the purposes of this chapter livestock is defined as any camelid or hooved animal raised for domestic or commercial use. The Commissioner of Agriculture is authorized, subject to sections to 4-174, inclusive, to make orders and regulations concerning the importation, transportation, trailing, riding, driving, exhibiting, examining, testing, identification, quarantining or disposing of livestock to prevent the spread of contagious and infectious diseases among livestock and to protect the public from such diseases as may be transmissible to human beings, either directly or through the products of such animals, and orders and regulations for the conservation of livestock the products from which are used for food or clothing. The commissioner shall give notice of any such order to any person named therein by leaving a copy of such order with, or at the last-known place of abode of, such person, if a resident of the state; if not a resident of the state, by leaving a copy with, or at the last-known place of abode of, an agent of such person, or the person having custody continued next page ZONING REGULATIONS FOR LIVESTOCK: BEST PRACTICES 31 Page 214 of 301

215 APPENDIX A Definition of Livestock, continued of the animals described in such order, if within the state, or by forwarding a copy of such order by registered or certified mail addressed to the last-known address of the person named therein. The commissioner, in case of emergency, may give notice of any regulation limiting or prohibiting the importation, transportation, trailing, riding, driving, exhibiting or disposing of livestock on any highway by publishing a copy of such regulation in a newspaper published or having a substantial circulation in the town in which the highway affected by such regulation may be located. The commissioner shall give notice of any such order or regulation to any common carrier named therein or affected thereby by leaving a copy of such order or regulation with the president, secretary or treasurer of the company acting as common carrier, or by leaving a copy with any person or firm acting as a common carrier, or at the last-known residence of any such person or a member of such firm in charge of any office of such carrier. The commissioner is authorized to employ assistants needed to enforce any such order or regulation. Any person or any officer or agent of any corporation who violates any provision of any such order or regulation, or who obstructs or attempts to obstruct the commissioner or any assistant engaged in the discharge of any duty hereunder, may be fined not more than one hundred dollars or may be assessed an administrative civil penalty in accordance with section Definition of Poultry: CGS s s (5) Poultry means any species of domestic fowl, including, but not limited to, chickens, turkeys, ostriches, emus, rheas, cassowaries, waterfowl and game birds raised for food production, breeding, exhibition or sale. Damage by Dog to Domestic Animals or Poultry: CGS Damage by dog to domestic animals or poultry. (a) When any person sustains damage by dogs to such person s sheep, goats, horses, hogs, cattle, poultry or domestic rabbits kept in enclosures as described in subsection (f) of this section, such person shall report such damage to the chief administrative officer of the town in which such damage was sustained, or the chief administrative officer s agent, or, if such damage was sustained on land located in two or more towns, such person shall report such damage to such authority of either of such towns. Upon receiving such report, the authority, with the person claiming to have sustained such damage, shall estimate the amount of such damage, including expenses of veterinary care, the fair monetary value of the animals or poultry killed, injured or damaged by such dogs and burial expenses for the animals or poultry killed by such dogs. If such authority and the person claiming to have sustained such damage are unable to agree as to the amount thereof, they shall choose some disinterested third person to assist in estimating the damage. Information required by this subsection shall be given within twenty-four hours after the person claiming under this section has or should have had knowledge of the same or, if the intervention of a Sunday or holiday prevents the reporting thereof, on the next succeeding business day. No claim for such damages shall be allowed to any person (1) who owns, keeps or has in possession any unlicensed dog, (2) whose employee, living on the premises, keeps an unlicensed dog which is six months of age or over, or (3) who fails to report such damage within the time limited by this section. The burden of proving the allegations of any claim under this section shall be on the person claiming under this section. 32 ZONING REGULATIONS FOR LIVESTOCK: BEST PRACTICES Page 215 of 301

216 APPENDIX A (b) The amount of damage agreed upon or estimated by any two of such three persons shall be paid by such town, and the town may recover such amount, when paid, with the compensation of such disinterested third person, from the owners, keepers or harborers of such dogs, if such persons are the residents of the town. If the owners, keepers or harborers of such dogs are not residents of the town in which the damage has been done, the town paying the damage may recover such damage and compensation from the town or towns where such owners, keepers or harborers reside, unless such owners, keepers or harborers, or such town or towns, on notice, pay to the treasurer of the town which paid such damage the amount of such damage and compensation. Any town which is obliged to pay any such damage may recover the amount thereof from the owners, keepers or harborers of the dogs doing such damage. (c) When additional or increased damages are claimed to sheep, goats, horses, hogs, cattle, poultry or domestic rabbits, which damages were not apparent at, and accrued subsequent to, the first appraisal of damage, a supplemental notice of such claim for additional damage may be given to such authority at any time within thirty days from the discovery of the original damage. The supplemental notice of claim shall set forth the facts upon which such claim is based. The claim shall be made to such authority and shall be acted upon in the manner provided in subsections (a) and (b) of this section. (d) Any authority who has received notice pursuant to the provisions of this section and within a period of fifteen days after receiving such notice, fails to estimate the amount of such damage, or if such authority is unable, within a period of five days, to agree with the person claiming to have sustained such damage as to the amount thereof, or fails to agree with such person on a disinterested third person to assist in estimating such damage, or if such authority and such person agree on such disinterested third person and two of such three persons fail to agree as to the amount of such damage, the person who claims to have sustained damage may institute a civil action against the town in which the damage was sustained for the recovery of such damage. No such action shall be maintained unless brought within one year from the date the damage was sustained. (e) When the selectmen, town manager or other chief executive officer of the town receives notice from any person claiming to have sustained damage by dogs to his sheep, goats, horses, hogs, cattle, poultry or domestic rabbits in excess of one hundred dollars, such authority shall, within twenty-four hours, report the same to the commissioner for investigation and shall call upon the commissioner or his agent to act for the town in appraising the damage as provided in subsections (a), (b), (c) and (d) of this section. The fact that said commissioner or his agent has acted for such authority shall not bar an action for the recovery of the damage as provided in subsection (d) of this section. (f) Sheep, goats, horses, hogs, cattle, poultry and domestic rabbits shall be confined or shall be enclosed by a fence or wall of material and height sufficient to restrain them from roaming. In any case in which any town has paid an amount in excess of one hundred dollars for such damage to the owner of any such animal or poultry, and the amount of such damage cannot be collected from the owners, keepers or harborers of such dogs, the selectmen, town manager or other chief executive officer of such town, city or borough shall forward to the commissioner a statement of the facts, showing the amount so paid, and the State Treasurer, at the request of the commissioner, shall reimburse such town, city or borough for the amount of such damage, from the funds received by the state under the provisions of this chapter. ZONING REGULATIONS FOR LIVESTOCK: BEST PRACTICES 33 Page 216 of 301

217 APPENDIX A Damage Caused by Roaming Poultry: CGS a a. Damage by domestic fowls. Any owner or keeper of domestic fowls who allows them to trespass upon the premises of another person shall be liable to the owner or occupant of such premises for all damage done by such fowls. (This is a seldom used law in the Civil Actions section of the statutes) Right-to-Farm: CGS 19a a-341. Agricultural or farming operation not deemed a nuisance; exceptions. Spring or well water collection operation not deemed a nuisance. (a) Notwithstanding any general statute or municipal ordinance or regulation pertaining to nuisances to the contrary, no agricultural or farming operation, place, establishment or facility, or any of its appurtenances, or the operation thereof, shall be deemed to constitute a nuisance, either public or private, due to alleged objectionable (1) odor from livestock, manure, fertilizer or feed, (2) noise from livestock or farm equipment used in normal, generally acceptable farming procedures, (3) dust created during plowing or cultivation operations, (4) use of chemicals, provided such chemicals and the method of their application conform to practices approved by the Commissioner of Environmental Protection or, where applicable, the Commissioner of Public Health, or (5) water pollution from livestock or crop production activities, except the pollution of public or private drinking water supplies, provided such activities conform to acceptable management practices for pollution control approved by the Commissioner of Environmental Protection; provided such agricultural or farming operation, place, establishment or facility has been in operation for one year or more and has not been substantially changed, and such operation follows generally accepted agricultural practices. Inspection and approval of the agricultural or farming operation, place, establishment or facility by the Commissioner of Agriculture or his designee shall be prima facie evidence that such operation follows generally accepted agricultural practices. (b) Notwithstanding any general statute or municipal ordinance or regulation pertaining to nuisances, no operation to collect spring water or well water, as defined in section 21a-150, shall be deemed to constitute a nuisance, either public or private, due to alleged objectionable noise from equipment used in such operation provided the operation (1) conforms to generally accepted practices for the collection of spring water or well water, (2) has received all approvals or permits required by law, and (3) complies with the local zoning authority s time, place and manner restrictions on operations to collect spring water or well water. (c) The provisions of this section shall not apply whenever a nuisance results from negligence or wilful or reckless misconduct in the operation of any such agricultural or farming operation, place, establishment or facility, or any of its appurtenances. Sec. 19a-341a. Maintenance of swine gestation and farrowing barn. Permissible location. Notwithstanding any provision of the general statutes or the regulations of Connecticut state agencies, a swine gestation and farrowing barn maintained on property which has been in continuous use as a farm for not less than fifty years may continue to be maintained provided such barn is no closer than two hundred feet from any inhabited house located upon the property other than that of the proprietor of such barn. 34 ZONING REGULATIONS FOR LIVESTOCK: BEST PRACTICES Page 217 of 301

218 APPENDIX A Powers of Commissioner: CGS 22-4c 22-4c. Powers of commissioner. Recording and transcription of hearings. Payment of related costs or expenses. (a) The Commissioner of Agriculture may: (4) provide an advisory opinion, upon request of any municipality, state agency, tax assessor or any landowner as to what constitutes agriculture or farming pursuant to subsection (q) of section 1-1, or regarding classification of land as farm land or open space land pursuant to sections b to f, inclusive; Fencing: CGS 47-43, and Proprietors to maintain. The proprietors of lands shall make and maintain sufficient fences to secure their particular fields. Within cities and adjacent to house lots, a tight board fence four and one-half feet high, an open picket fence four feet high, the opening between pickets not to exceed four inches, or a slat rail fence four feet high, the opening between slats not to exceed six inches, the lower slat not over six inches from the ground, a fence not less than four feet high of chain link galvanized wire not smaller than number nine gauge supported upon galvanized tubular steel posts set in concrete, all end and corner posts to be suitably braced, and all to be substantially erected, or any other fence which in the judgment of the selectmen or other officials charged with the duty of fence viewers is equal thereto, shall be a sufficient fence; in places outside of incorporated cities, a rail fence four and one-half feet high, a stone wall four feet high, suitably erected, a wire fence consisting of four strands not more than twelve inches apart, stretched tightly, the lower strand not more than twelve inches and the upper strand not less than four feet from the ground, with good substantial posts not more than sixteen feet apart, and any other fence which in the judgment of the selectmen is equal to such a rail fence, shall be a sufficient fence. Adjoining proprietors shall each make and maintain half of a divisional fence, the middle line of which shall be on the dividing line, and such fence shall not exceed in width, if a straight wood fence or hedge fence, two feet; if a brick or stone fence, three feet; if a crooked rail fence, six feet; and, if a ditch, eight feet, not including the bank, which shall be on the land of the maker. No ditch shall be made adjacent to a house lot without the consent of the owner of the house Barbed wire between adjoining premises or enclosing grounds of public buildings. No person shall use barbed wire in the construction of fences, or have barbed wire upon existing fences, between his own premises and those of an adjoining proprietor, within twenty-five rods of any house or barn belonging to such proprietor, unless either premises are used in connection with raising livestock, without first obtaining his written consent. No barbed wire shall be used in the construction of fences, or retained upon existing fences, connected with or enclosing the grounds of any public school or public building, except a Department of Transportation storage facility or a vessel operations area of a stateowned waterfront facility or aircraft operations area of a state-owned airport. Any person who violates any provision of this section shall be fined not more than one hundred dollars Barbed wire along sidewalks. No barbed wire shall be installed along any sidewalk unless it is at least six and one-half feet above the ground. Any barbed wire in use in conformity with section 7156 of the general statutes, revision of 1949, on October 1, 1957, may be continued in use. ZONING REGULATIONS FOR LIVESTOCK: BEST PRACTICES 35 Page 218 of 301

219 APPENDIX A Discharge into State Waters: CGS 22a a-430. (Formerly Sec i). Permit for new discharge. Regulations. Renewal. Special category permits or approvals. Limited delegation. General permits. (This statute provides DEEP with the authority to regulate discharge or run-off of substances such as manure and silage leachate that serve as a source of pollution and to issue orders for abatement. Due to its length, this statute has not been reproduced in this list.) Local and Regional Agricultural Councils: CGS (v) 7-131v. Local and regional agricultural councils. (a) Any municipality may, by vote of its legislative body or, in a municipality where the legislative body is a town meeting, by vote of the board of selectmen, establish a local agricultural council to: (1) Provide information to local farmers and to municipal boards and commissions about the benefits of a balance between agriculture and other land uses; (2) educate municipal officials about agricultural laws and safety issues; (3) identify grant sources for farmers and municipalities; (4) enable a common understanding of agriculture among all municipal departments; (5) provide information and guidance about zoning issues relating to agriculture; (6) support local, regional and state vocational agricultural programs concerning agricultural matters; (7) provide conflict resolution and advisory services; (8) identify innovative opportunities for agriculture; and (9) create a climate that supports the economic viability of agriculture in the municipality. (b) Any two or more municipalities may form a regional agricultural council for the purposes set forth in subsection (a) of this section by vote of the legislative body or, in a municipality where the legislative body is a town meeting, by vote of the board of selectmen, of each municipality. Department of Agriculture statutes and regulations pertaining to animal and poultry disease control, the quality and safety of animal and poultry derived foods, and state statutes enforced by the Department regarding animal cruelty are not included in this list of statutes and regulations. 36 ZONING REGULATIONS FOR LIVESTOCK: BEST PRACTICES Page 219 of 301

220 Appendix B Connecticut Public Health Code Definition of Nuisance B1. Conditions specifically declared to constitute public nuisances The following conditions are specifically declared to constitute public nuisances: (a) Bakeries, restaurants and other places where food is prepared or served that are not kept in a clean and sanitary condition; or in which persons who have any communicable disease are employed; or for which suitable toilet facilities are not provided; or in which there is evidence that rats, mice or vermin are present. (b) Spoiled or diseased meats, whether exposed and offered for sale or being transported or kept for sale. (c) Barns or stables, hogpens, chicken yards or manure piles or accumulations of organic material so maintained as to be a breeding place for flies. (d) The discharge or exposure of sewage, garbage or any other organic filth into or on any public place in such a way that transmission of infective material may result thereby. (e) Privies not screened against flies in populous districts and privies likely to pollute the ground or surface water from which water supply is obtained. (f) Transportation of garbage, night soil or other organic filth except in tight, covered wagons which prevent leakage or access of flies. (g) Stagnant water likely to afford breeding places for mosquitoes within a residential district or within a distance of one thousand feet there from. (h) Bone boiling, fat rendering establishments, or tallow or soap works, or other trades, when they can be shown to affect public health or produce serious offense. (i) Buildings or any part thereof which are in a dilapidated or filthy state. Director of Health Authority in Nuisance Abatement B2. Abatement of nuisance (a) Any local director of health, upon information of the existence of a nuisance or any pollution occurring within his jurisdiction, or when any such nuisance or pollution comes to his attention, shall, within a reasonable time, investigate and, upon finding such nuisance or pollution exists, shall issue his order in writing for the abatement of the same. (b) Such order shall specify the nature of such nuisance or pollution and shall designate the time within which such abatement or discontinuance shall be accomplished; and if such order is not complied with within the time specified, the facts shall be submitted to the prosecuting authority. Copies of all orders shall be kept on file by the director of health in his office and copies of the same shall be furnished the state commissioner of health on request. ZONING REGULATIONS FOR LIVESTOCK: BEST PRACTICES 37 Page 220 of 301

221 APPENDIX B Pigs and Carcass Disposal B23. Keeping of animals (a) No pigsty shall be built or maintained on marshy ground or land subject to overflow, nor within three hundred feet of any inhabited house or public meeting house upon property other than that of the proprietor of the pigsty. (b) The carcass of any dead animal not killed for food shall be removed and disposed of within twenty-four hours after death by burial, incineration or other method approved by the local director of health. Manure Disposal in Populous Districts B21. Garbage and refuse (b) In populous districts stable manure shall be kept in a covered water-tight pit or chamber and shall be removed at least once a week during the period from May first to October first and during the other months at intervals sufficiently frequent to maintain a sanitary condition satisfactory to director of health. Manure on farms or isolated premises other than dairy farms need not be so protected and removed unless ordered by the director of health. 38 ZONING REGULATIONS FOR LIVESTOCK: BEST PRACTICES Page 221 of 301

222 Creating and Revising Zoning Regulations for Livestock CHECKLIST FOR LAND USE ADMINISTRATORS AND COMMISSION MEMBERS Why is it Important to Understand Land Use and Agriculture? Other than backyard hobbyists, agriculture is a multi-million-dollar economic sector in Connecticut employing thousands of residents. Support for expansion and proactive awareness Connecticut s agriculture business sector, including livestock, is critical to Connecticut s economy, food security and sustainable future. Understanding Agriculture Assign a Commission Member or Committee to research information on agriculture in the municipality and region Consult Connecticut State Statutes. Utilize this Livestock Guide for Resources Review Town Ordinances and Right to Farm Ordinances Rely on the Experts Connecticut Department of Agriculture USDA Natural Resources Conservation Service AGvocate website sources UConn Extension Connecticut Farm Bureau Association Public Outreach and Engagement Schedule an open forum where local farmers, small plot livestock owners, FFA and 4H members and advisors, and the non-farming community can come together to share ideas and provide input to local land use officials and the zoning commission on draft regulations for the keeping of livestock. Consult with the local agricultural commission or regional agricultural council. Invite experts from UConn Extension, the Connecticut Department of Agriculture, the USDA Natural Resources Conservation Service and Connecticut Farm Bureau Association. Schedule follow-up forums where comments can be received on the draft regulations before going to public hearing. ZONING REGULATIONS FOR LIVESTOCK: BEST PRACTICES 39 Page 222 of 301

223 Drafting Recommendations Avoid regulating types of livestock, health codes or animal density. Create regulations that provide for site review toward setbacks for structures, fencing and natural resource protection. Definitions for Livestock: Ensure the municipal land use regulations are consistent with Connecticut statutes: Look at your Geography Use digital geographic information (GIS) to identify areas of concern within your municipality: aquifers, source drinking water areas, riverine and wetland protection areas, lake quality management, coastal management, transportation and freight, housing density, etc. If your municipality does not have GIS data, ask your representative Council of Governments and/or University of Connecticut Center for Land Use Education and Research: Consider an overlay zone technique to identify areas to separate areas of agriculture/ livestock regulation, such as: designated areas for administrative site plan review and areas for land use commission review by permit. (see pages 3A 4A) Regulating no-or-low impact areas versus high impact areas for agriculture/livestock. Examples: High Density Housing Areas: A commission site plan review to review compliance with municipal zoning or subdivision regulations for livestock near high density housing. Cross reference agriculture in other areas of POCD, Zoning Code, Inland Wetland Regulations and Subdivision. Where new conflicting uses are anticipated adjacent to established agriculture uses, consider regulations for site plan criteria that provide for a natural undisturbed vegetative buffer between the new land use and the existing agricultural use. Subdivisions which provide for enhanced buffers during permit review would ensure compatibility near livestock area. The onus to provide an undisturbed natural vegetative buffer should fall on the new land use and not the existing livestock operation. Advocacy Support designation or hiring of an ombudsman who has a background in planning, zoning, conservation and enforcement with an expertise in current agricultural practices to support land use. 40 ZONING REGULATIONS FOR LIVESTOCK: BEST PRACTICES Page 223 of 301

224 Notes ZONING REGULATIONS FOR LIVESTOCK: BEST PRACTICES 41 Page 224 of 301

225 Notes 42 ZONING REGULATIONS FOR LIVESTOCK: BEST PRACTICES Page 225 of 301

226 Page 226 of 301

227 78 Beaver Road Wethersfield CT Page 227 of 301

228 1. Delete Add the included definitions 3. Add new regulations as 8.27 AGRICULTURE-RELATED TERMS: AGRICULTURE: Except as otherwise specifically limited in these Regulations, the words agriculture and farming shall include cultivation of the soil, dairying, forestry, raising or harvesting any agricultural or horticultural commodity, including the raising, shearing, feeding, caring for, training and management of livestock, including horses, bees, poultry, fur-bearing animals and wildlife, and the raising or harvesting of oysters, clams, mussels, other molluscan shellfish or fish; the operation, management, conservation, improvement or maintenance of a farm and its buildings, tools and equipment, or salvaging timber or cleared land of brush or other debris left by a storm, as an incident to such farming operations; the production or harvesting of maple syrup or maple sugar, or any agricultural commodity, including lumber, as an incident to ordinary farming operations or the harvesting of mushrooms, the hatching of poultry, or the construction, operation or maintenance of ditches, canals, reservoirs or waterways used exclusively for farming purposes; handling, planting, drying, packing, packaging, processing, freezing, grading, storing or delivering to storage or to market, or to a carrier for transportation to market, or for direct sale any agricultural or horticultural commodity as an incident to ordinary farming operations, or, in the case of fruits and vegetables, as an incident to the preparation of such fruits or vegetables for market or for direct sale. For the purposes of these regulations the term agricultural also includes the use of horses for riding, pulling, training, lessons, showing, and other similar uses, but only when such uses are incidental to the raising and/or boarding of horses on the same lot. AGRICULTURAL BUILDINGS AND STRUCTURES: Buildings or other structures used in connection with agriculture, including shelter for livestock and storage for farm machinery, equipment and supplies. AGRICULTURAL BUILDING, SPECIALIZED: A building used for (a) processing or packaging of farm products or by-products produced on the premises; (b) shelter for more than one hundred (100) cattle or pigs, 50 horses, or 20,000 fowl; or (c) workplaces for more than five (5) non-family employees. AGRICULTURAL COMMODITY: Same meaning as Farm products. AQUACULTURE: The term aquaculture means the farming of any waters and/or wetlands and the production of plant or protein food, including fish, oysters, clams, mussels and other molluscan shellfish. Aquaculture includes, without limitation, outdoor and/or indoor hatcheries, aquaponics, and hydroponics. Page 228 of 301

229 FARM: A tract of land used, principally, for agriculture, with or without an associated single-family dwelling. In zoning districts in which a farm is allowed, both the agricultural activities and any single-family dwelling that may exist shall be deemed to be permitted, joint principal uses. FARM, ACCESSORY DWELLING UNIT: An accessory dwelling unit on a Home or Commercial Farm that is used by a caretaker of the farm and/or livestock on the farm. FARM, COMMERCIAL: A farm producing farm products for sale by wholesale, or for sale at locations (not including Farmers Markets) other than the farm property on which they were produced. An IRS Schedule F 1040 form shall be filed annually and approved by the assessor in order to be considered a farm. FARM, HOME: A farm producing farm products, principally for the use, consumption or education of the residents of the property. A minimum of three (3) acres is required for a Home Farm. Roosters are not permitted on Home Farms. FARM PRODUCTS: Any products of agriculture, including fruits; vegetables; mushrooms; nuts; shell eggs; honey or other bee products; maple syrup or maple sugar; flowers; nursery stock; Christmas trees; other horticultural commodities; livestock food products, including meat, milk, cheese and other dairy products; food products of aquaculture, as defined above, including, but not limited to, all plant food, fish, oysters, clams, mussels and other molluscan shellfish; products from any tree, vine or plant and their flowers; or any such products that have been processed by a farmer, including, but not limited to, baked goods made with farm products. FARMERS MARKET: A for-profit or nonprofit cooperative, enterprise, or association that regularly occupies a given location, and that operates principally as a common marketplace for a group of farmers, at least two of whom are selling Connecticut-grown fresh produce, to sell Connecticut-grown farm products directly to consumers. FARM STAND, SEASONAL: A building or other structure from which agricultural products, produced on the owner s premises in Ledyard are sold, in accordance with Section FARM STORE: Retail sales of farm products, the majority of which are produced in Ledyard. HOME HUSBANDRY: The non-commercial cultivation and production of edible crops or certain permitted livestock and/or poultry as an accessory use of the home and for the benefit of its residents, in accordance with Section Agriculture Page 229 of 301

230 A. Purpose: Preserving the Town s existing farms and encouraging new farming activities are strong goals of the Town. Ledyard s farms are central to the community s rural image and overall value by providing many obvious benefits such as providing tax revenue with little demand on Town services; providing wildlife habitats and tracts of open space, essential to maintaining the high quality of life enjoyed by Town residents; and by providing local produce, meat and dairy products year round. The purpose of these regulations is to clearly define agriculture and to promote the economic and operational viability of existing agricultural operations while facilitating and promoting new operations. B. Agriculture is permitted in Residential and Commercial Zoning Districts as a principal use or in addition to any existing permitted principal use. C. Application Requirements. The following activities/uses require a Zoning Permit and/or Commission Review: (1) The establishment of a new agricultural principal use as defined in 2.2 (2) The expansion or modification of an existing farm/agricultural operation (3) The construction of any new structures on a property (4) Accessory uses and activities specifically identified in D(1-6); and (5) Any other use/activity specifically identified as requiring a permit. D. Agriculture Uses. (1) Setbacks: a. No livestock, horses, or poultry are allowed to be housed or permitted to graze within 100 feet of any property line. b. No building or structure other than a dwelling or display and sales area is permitted within 75 feet of any property line. (2) All animal wastes should be properly stored and disposed of in a manner to maintain sanitary and nuisance free conditions satisfactory to the Director of Health. Manure should be removed from the site or composted. Any compost piles must be located a minimum of 200 feet from a lot line and any areas where manure is stored or composted must be visually screened from dwellings on adjacent lots. (3) CT Public Health Code: Nothing in this section diminishes the property owner s separate responsibility for addressing compliance with the keeping of livestock and storage and disposal of waste under the State of Connecticut Public Health Code. (4) The living quarters of livestock, poultry, and similar animals, and the handling and disposal of solid and liquid wastes must not create a public health hazard or nuisance, or have an adverse effect on the environmental quality of the surrounding area and the community in general. (5) All animals shall be suitably and adequately confined or controlled at all times. (6) Proper drainage shall be provided to avoid collection of water. Water shall be diverted from animal keeping areas; however, such water shall not be allowed to pollute surface or subsurface water supplies. Page 230 of 301

231 E. Commercial Farm Accessory Uses (Ag-tivities, tourism, retail). The following activities are considered to be accessory to an established commercial farm. For accessory uses and activities that may currently or in the future involve outdoor events, retail sales, and/ or potential traffic generating activities, a Zoning Permit and/or Commission review is required. (1) Agricultural Tourism. The opening to the public of a working farm or any agricultural, horticultural or agribusiness operation for the purpose of enjoyment, education, or active involvement in the activities of the farm or operation. A site plan review by the Commission shall be required when agricultural tourism is to be conducted on any parcel six or more times in any calendar year, or when any agricultural tourism event may reasonably be expected to require parking on any single day for ten or more motor vehicles used by agricultural tourists. Otherwise, agricultural tourism requires only a zoning permit. (2) Ag-tivities. Events of limited duration on a farm that are incidental to agricultural uses, including, but not limited to, hayrides, corn mazes, festivals and other similar activities; onfarm sales such as farm stands and pick-your-own operations, retailing farm and farm related products (farm store); recreational and/or competitive equine enterprises, and on farm processing operations provided they comply with all applicable state and municipal health codes. A site plan review by the Commission shall be required when Ag-tivities are to be conducted on any parcel six or more times in any calendar year, or when any Agtivities may reasonably be expected to require parking on any single day for ten or more motor vehicles used by visitors to the farm. Otherwise, Ag-tivities require only a zoning permit. (3) Non-agriculturally Related Uses. a. Activities that are part of an agricultural operation s overall offerings, but are not incidental to agriculture, or tied to agricultural buildings, structures, equipment, and/or fields. Such uses may include, but are not limited to, fee-based outdoor recreation such as bird watching, snowshoeing, and other passive recreational activities. A site plan review by the Commission shall be required when such uses may reasonably be expected to require parking for ten or more motor vehicles used by visitors to the farm. Otherwise, such uses require only a zoning permit. b. Small Event for uses such as, but not limited to, retreats, workshops, classes (i.e. yoga, canning, wool dying etc.) are permitted by site plan review by the Commission, but no outdoor events or amplified music are permitted and the events shall be limited to less then ten motor vehicles. c. Event Barns to be used for large-scale events, or any events in which the use of amplified music is planned or anticipated, or greater than 10 motor vehicles are expected require a Special Permit. In order to satisfy Page 231 of 301

232 the conditions of a Special Permit with respect to noise, the Commission may limit the number of events per year and/or prohibit the use of amplified music outdoors. The Commission may impose additional restrictions on the use if it determines, after a hearing for which the owner of the farm is given written notice that the noise levels are causing a nuisance to nearby properties. (4) Seasonal Roadside Stand and Farm Stores a. Roadside Farm Stands are permitted in all districts in accordance with Section 8.14 of these Regulations and require a zoning permit only. b. Farm Stores of any size require a special permit in residential districts and site plan approval in all others. (5) Farm Accessory Dwelling Units. A legally existing farm which contains an occupied primary residence and has >4 livestock or > 10 acres of parcel space actively used for a farming activity may have a single accessory dwelling to be occupied by a full- or part-time caretaker. The unit shall be occupied only by an individual responsible for caretaking of the farming activities on the parcel and not involved in caretaking of the primary residence or it s occupants. The accessory dwelling unit must comply with all regulations in 8.1 Accessory Apartments, except that the dwelling unit may be detached from the primary residence. F. Home Farm Accessory Uses (1) Seasonal Roadside Stand - Roadside Farm Stands are permitted in all districts in accordance with Section 8.14 of these Regulations and require a zoning permit only. (2) Farm Accessory Dwelling Units. A legally existing farm which contains an occupied primary residence and has >4 livestock or > 10 acres of parcel space actively used for a farming activity may have a single accessory dwelling to be occupied by a full- or part-time caretaker. The unit shall be occupied only by an individual responsible for caretaking of the farming activities on the parcel and not involved in caretaking of the primary residence or it s occupants. The accessory dwelling unit must comply with all regulations in 8.1 Accessory Apartments, except that the dwelling unit may be detached from the primary residence. G. Site Plan Requirements: All agriculture uses requiring a special permit shall provide the following (1) Expected maximum parking needs and corresponding parking spaces. Parking areas may be permeable or paved, and striped or not striped Page 232 of 301

233 (2) Compliance with statutory requirements for handicap parking and handicap signage (3) On-street parking is not required and not allowed (4) Sanitary facilities and the maximum number of expected daily visitors they will serve. Sanitary facilities may include porta-potties (5) Waste management provisions and how they are adequoate for the expected number of visitors and guests (6) Months, days, and hours of operation. (7) Exterior lighting for walkways and parking areas if any. The application shall show how the lighting will avoid unnecessary sky glow. (8) Permanent outdoor stages, pavilions and seating (9) Location and Noise. The location of outdoor events and activities associated with Agritourism and/or Ag-tivities on the farm shall take into consideration the current use of surrounding properties. The Commission and/or ZEO may require a specific separating distance and/or an appropriate buffer strip that screens any such activity from adjacent properties. (10) Signs shall be in accordance with 9.0 and 8.27 (11) Parking shall be in accordance with 10.0 H. Special Permit Standards for Event Barns and Large Events: (1) Wine tastings, weddings, catered events, meetings, conferences, parties, and workshops, shall end not later than 11:00 PM. (2) Music and amplified sounds for events shall not exceed 40 DBA at the property lines, shall be limited to three (3) days per week, and shall not be allowed after 11 PM. (3) The application will address the subject of odors produced by the brewery, winery, or equine activities that may drift off site. I. Home Husbandry. The keeping of certain livestock poultry for personal and/or educational non-commercial private home use where site-specific characteristics of a proposed area are compatible with such a use. Home husbandry shall be permitted as an accessory use to a residential use by zoning permit provided the following regulations are met: (1) Backyard poultry shall include chickens, ducks, turkeys, and other birds of similar mature size, but not guinea hens, peacocks, emus or ostriches. F (2) A property must be a minimum of sq ft to keep rabbits and a minimum of 2000 sqft to keep backyard poultry (3) Property which meets the minimum lot sizes may keep: a. 6 or fewer rabbits/10000 sq. ft. of lot size b. 8 or fewer poultry with no roosters (4) The storage and management of waste (e.g. a combination of manure and bedding) for backyard poultry shall be in accordance with the Public Health Code, as amended. In no case shall waste be located closer to property lines than Page 233 of 301

234 the minimum setback requirements for structures and enclosures for the keeping of backyard poultry and shall not exceed 2 cubic yards at any given time. (5) Rabbits and/or poultry kept for personal use shall be owned by residents or owners of the premises on which they are kept (6) Structures and Setbacks: a. An appropriate shelter and enclosure shall be provided for the keeping of rabbits and poultry. b. Setback distances between any shelter or enclosure housing livestock and/or poultry shall be a minimum of: seventy-five (75) feet from any well located on applicant property and abutting properties, seventy-five (75) feet from any street line, or behind rear Building Line if applicable, forty (40) feet from any property line, and, one hundred (100) feet from any house upon property other than the applicant s. c. Poultry and rabbits shall be penned and not allowed to free range, and be provided with the following yard and shelter space requirements d. Livestock and poultry shall have shelter space and yard space according to table 8.27A. Species not specifically listed may present alternative shelter and yard area proposals for commission approval. The application will be expected to bring relevant documentation demonstrating that the provided proposal will allow for the humane keeping of animals. J. Species Shelter Space Yard Space Other Rabbits 1 sqft/lb rabbit N/A 18 Headroom Chickens 3.5sqft/Hen 30 sqft/hen N/A Ducks 4 sqft/duck 40 sqft/duck Turkey 6 sqft/turkey 400 sqft/turkey Table Shelter Space Requirements for Home Husbandry (6) Site Suitability and Impact: In order to minimize potential adverse impacts, the following shall apply: a. Sites with slopes greater than 15% shall be avoided or improved to avoid heavy surface water runoff, soil erosion, sedimentation or hazardous conditions for keeping backyard poultry. b. Proper drainage shall be provided to avoidcollection of water. Water shall be diverted from poultry keeping areas; however, such water shall not pollute surface or subsurface water supplies nor shall runoff be directed to neighboring properties. (7) Periodic certification. (a) The nature and intensity of some types of home husbandry is likely to change over time. Page 234 of 301

235 (b) There are inherent difficulties of determining continued conformance with the home husbandry regulations. (c) It is important to determine if the home husbandry has evolved such that it is endangering public safety, health, convenience, or neighboring property values; and (d) It is necessary to know if the home husbandry is inactive or has been abandoned. A holder of a home husbandry special permit shall certify to the Zoning Official that the home husbandry use is continuing and in compliance with these regulations every two years. K. Signage. In addition to the signs allowed pursuant to 9.0 of these Regulations, a farm may have: (1) Agricultural Sign. One permanent free-standing or attached sign with an area no larger than 16 square feet per side, limited to two sides (no size limit applies to signs painted on a barn). Agricultural signs must comply with all other applicable standards specified in 9.0. (2) Seasonal Agricultural Sign. One temporary free-standing or attached sign associated with a farm stand, seasonal farm stand, or agriculturally related use. Such signs shall not have an area larger than 16 square feet per side, with a maximum of two sides. One seasonal agricultural sign per farm stand, seasonal farm stand, and/or agriculturally related use is allowed. One additional seasonal agricultural sign per every 300 feet of frontage on a public right-of-way on a farm parcel is also allowed. At no time, however, shall any farm have more than six seasonal agricultural signs. Seasonal agricultural signs shall meet all other applicable standards specified in 9.0. Page 235 of 301

236 Planning & Zoning Commission Town of Ledyard PROPOSED ZONING REGULATIONS REGARDING AGRICULTURAL USES ( AGRIBUSINESSES/ AGRI-TOURISM ) BOLD=NEW TEXT STRIKETHROUGH = DELETE TEXT 1. DELETE THE FOLLOWING INDIVIDUAL DEFINITIONS IN SECTION 2.2 (Definitions): FARM: A parcel of three (3) or more acres that may include principal and accessory buildings, used for agriculture and as an accessory use to the agricultural operations, the seasonal sale of agricultural or horticultural products produced on the parcel and on other local farms. A tract may consist of one or more lots under common ownership. FARMING or AGRICULTURE: The words agriculture and farming shall include cultivation of the soil, dairying, forestry, raising or harvesting any agricultural or horticultural commodity, including the raising, shearing, feeding, caring for, training and management of livestock, including horses, bees, poultry, fur-bearing animals and wildlife, and the raising or harvesting of oysters, clams, mussels, other molluscan shellfish or fish; the operation, management, conservation, improvement or maintenance of a farm and its buildings, tools and equipment, or salvaging timber or cleared land of brush or other debris left by a storm, as an incident to such farming operations; the production or harvesting of maple syrup or maple sugar, or any agricultural commodity, including lumber, as an incident to ordinary farming operations or the harvesting of mushrooms, the hatching of poultry, or the construction, operation or maintenance of ditches, canals, reservoirs or waterways used exclusively for farming purposes; handling, planting, drying, packing, packaging, processing, freezing, grading, storing or delivering to storage or to market, or to a carrier for transportation to market, or for direct sale any agricultural or horticultural commodity as an incident to ordinary farming operations, or, in the case of fruits and vegetables, as an incident to the preparation of such fruits or vegetables for market or for direct sale. The term farm includes farm buildings, and accessory buildings thereto, nurseries, orchards, ranges, greenhouses, hoop houses and other temporary structures or other structures used primarily for the raising and, as an incident to ordinary farming operations, the sale of agricultural or horticultural commodities. The term aquaculture means the farming of the waters of the state and tidal wetlands and the production of protein food, including fish, oysters, clams, mussels and other molluscan shellfish, on leased, franchised and public underwater farmlands.(cgs1-1q) 2. DELETE THE FOLLOWING SECTION 8.14 IN ITS ENTIRETY (NOTE: PROPOSED TO BE ADDED TO NEW SECTION 8.27): 8.14 Farm Stands A. Purpose. To allow the sale of seasonal agricultural and farm products grown on the farm where the Farm Stand is located or that is grown on other local farms. M:\PLANNING DEPARTMENT\AGRICULTURE\AgriculturalRegs ProposedDraft docx Page 236 of 301

237 B. Farm Stands, as defined in these regulations as an accessory building and accessory use to a farm, are permitted in accordance the Schedule of Permitted Uses, provided the following regulations are satisfied: (1) The building or structure is not to exceed a gross floor area of two hundred (200) square feet. (2) Farm stands shall be on private property setback at least ten (10) feet from the paved roadway surface, not in a right-of-way, and at least fifty (50) feet from any intersection. (3) No more than one (1) farm stand shall be permitted on a farm. (4) Signs shall be in accordance with 9.0. (5) Parking shall be in accordance with DELETE THE FOLLOWING SECTION 8.15 IN ITS ENTIRETY (NOTE: PROPOSED TO BE ADDED TO NEW SECTION 8.27): 8.15 Home Husbandry A. Purpose. To permit the keeping of certain types of livestock and/or poultry for personal and/or educational non-commercial private home use where site-specific characteristics of a proposed area are compatible with such a use. B. Applicants for a Home Husbandry special permit shall provide a copy of the application, sent by Certificate of Mailing mail, to abutting property owners, including a notice of the day, time, and location of the public hearing, at least 35 days prior to the scheduled hearing. The applicant, prior to or at the public hearing, shall provide a copy of the Certificates of Mailing (Proof of Mailing) to the Zoning Official. C. Home Husbandry shall be permitted as an Accessory Use in Residential Districts that are not farms provided following regulations are met: (1) A special permit is not required for the keeping of the following, which only require a zoning permit issued by the zoning official. (a) (b) 6 or fewer rabbits/10000 sq. ft. of lot size 8 or fewer poultry with no roosters (2) Additional special permit requirements: (a) No person shall keep or maintain livestock and/or poultry in Residential Districts that are not Farms without first obtaining a special permit from the Commission after a public hearing. Farms and farming are exempt from these Home Husbandry regulations. M:\PLANNING DEPARTMENT\AGRICULTURE\AgriculturalRegs ProposedDraft docx Page 237 of 301

238 (b) (c) Application for the special permit shall be made in writing by the owner of the land on which the livestock and/or poultry are to be kept and upon forms furnished by the Zoning Official. The Commission shall inspect (or have inspected) the premises before issuing a special permit to ensure that the land is capable of livestock and/or poultry keeping in accordance with the requirements of this Section. The Commission may consult with any agency as it deems appropriate for assistance in application review and property inspection. (3) Livestock and/or poultry kept for personal use shall be owned by residents or owners of the premises on which they are kept. D. Standards for Livestock and/or Poultry Keeping: (1) Confinement: (2) Setback: (3) Health: (a) An appropriate shelter shall be provided for the keeping of livestock and/or poultry. (b) An appropriate fly and rodent proof container or structure for manure and bedding waste storage shall be provided and maintained to prevent run-off to adjacent lots or to watercourses. (a) Setback distances between any shelter housing livestock and/or poultry shall be a minimum of: seventy-five (75) feet from any well located on applicant property and abutting properties, seventy-five (75) feet from any street line, or behind rear Building Line if applicable, forty (40) feet from any property line, and, one hundred (100) feet from any house upon property other than the applicant s. Setback distances for yard area shall be a minimum of twenty (20) feet from property lines. (b) The Commission may require greater setback distances if it deems it is necessary to help insure public welfare. (a) The living quarters of the livestock and/or poultry and the handling and disposal of solid and liquid wastes shall not create a public health hazard or have an adverse effect on the environmental quality of the surrounding area. (b) No condition shall be created that will adversely affect the performance of sewage disposal systems or water supplies located on the property or adjacent properties. (c) No persistent, offensive odors shall be detected off the premises. (4) Keeping Area. In addition to minimum lot size, the Commission shall use the following keeping area requirements as a guide in reviewing applications. Final determination of keeping area size will be made by the Commission to ensure that the activity will not create a public nuisance or health hazard. (a) Beef and Dairy Cattle: M:\PLANNING DEPARTMENT\AGRICULTURE\AgriculturalRegs ProposedDraft docx Page 238 of 301

239 (i) (ii) (iii) (b) Goats and Sheep: Minimum shelter space of ten (10) feet by twelve (12) feet per animal. Minimum yard space of five thousand (5,000) square feet per animal for exercise area. If no pasture, one (1) acre per animal. (i) Minimum shelter space of twenty (20) square feet per animal. (ii) Minimum yard space of two hundred fifty (250) square feet of feed lot or exercise area per head. (iii) If pastured, five (5) head per acre. (c) Horses (full size): (i) Minimum shelter space: ten (10) feet by ten (10) feet box stall per animal. (ii) One (1) full size horse per acre with supplemental hay and feed. (d) Horses (miniature): (e) Rabbits: (f) Swine: (i) Mini-barn or mini-shelter as appropriate. (ii) Three (3) miniature horses per acre with supplemental hay and feed. (i) Minimum shelter space of one (1) square foot per pound of rabbit. (ii) A thirty-six (36) by thirty-six (36) inch cage with eighteen (18) inches of headroom for, on average, a nine (9) pound rabbit. (i) Minimum shelter space of twenty (20) square feet per pig consisting of a roof and solid man-made floor (not earth). (ii) Minimum yard space of one hundred (100) square feet per pig. (iii) No keeping area permitted in wetland or alluvial soils. (g) Poultry Minimums a. From 20,000 square feet to 40,000 square feet, a limit of four (4) poultry animals. b. Greater than 40,000 square feet a limit of eight (8) poultry animals per acre. c. Poultry shall be penned and not allowed to run at large off the owner s property (free-range). (1) Laying Hens: (i) Floor area of three and one half (3.5) square feet per bird. (ii) Roosters are not allowed on a home husbandry permit. M:\PLANNING DEPARTMENT\AGRICULTURE\AgriculturalRegs ProposedDraft docx Page 239 of 301

240 (2) Ducks: (3) Geese: (4) Turkeys: (i) Floor area = four (4) square feet per bird. (ii) Yard space = forty (40) square feet per bird. (i) Floor area = six (6) square feet per bird. (ii) Yard space = eighty (80) square feet per bird. (i) Floor area of five (5) square feet per bird. (ii) Yard space of four hundred (400) to five hundred (500) square feet per bird. (5) Keeping areas for any animal will be evaluated for compliance with best animal management practices to ensure that animals are kept in a manner that will not constitute a public nuisance. (6) All shelter areas shall be located on moderately well drained and/or welldrained soils. E. Maximum Limits: The maximum number of animals permitted is five (5) in the Livestock category and twenty-five (25) in Poultry category F. Conditions of Approval. The Commission shall approve or disapprove a Home Husbandry Special Permit based upon its review of the application for conformity with the standards of this Section, consultant comments, property location, soils of area, proximity to neighbors, amount, method and location of manure storage, feed storage, number of animals, and type of animals. G. Periodic certification. Because -- (1) The nature and intensity of some types of home husbandry is likely to change over time. (2) There are inherent difficulties of determining continued conformance with the home husbandry regulations. (3) It is important to determine if the home husbandry has evolved such that it is endangering public safety, health, convenience, or neighboring property values; and (4) It is necessary to know if the home husbandry is inactive or has been abandoned, A holder of a home husbandry special permit shall certify to the Zoning Official that the home husbandry use is continuing and in compliance with these regulations every two years. 4. DELETE THE FOLLOWING SECTION 9.5.C.2 (SIGNS FARMS IDENTIFICATION SIGNS) IN ITS ENTIRETY (NOTE: PROPOSED TO BE ADDED TO NEW SECTION 8.27): M:\PLANNING DEPARTMENT\AGRICULTURE\AgriculturalRegs ProposedDraft docx Page 240 of 301

241 9.5.C 2) Farm identification signs. A single permanent sign at an entrance to a farm designed only to identify the farm shall be permitted provided such sign bears no commercial advertising and does not exceed eighteen (18) square feet in area (per side, if freestanding). The sign shall not interfere with driver sight lines. 1) Off-Site Directional Signs: Off-Site directional signs are allowed provided the nature and location of such signs do not create a nuisance or hazard. The owner of the enterprise/activity for which the Sign is desired shall have permission of the property owner regarding sign location. Placing directional signs in town or state-owned rights of way is not allowed without the permission of the state or town as appropriate. Each sign shall not exceed two (2) square feet in area, whether wall mounted or freestanding. 5. ADD THE FOLLOWING AGRICULTURE-RELATED TERMS SECTION TO SECTION 2.2 (DEFINITIONS): AGRICULTURE-RELATED TERMS : AGRICULTURE: Except as otherwise specifically limited in these Regulations, the words agriculture and farming shall include cultivation of the soil, dairying, forestry, raising or harvesting any agricultural or horticultural commodity, including the raising, shearing, feeding, caring for, training and management of livestock, including horses, bees, poultry, fur-bearing animals and wildlife, and the raising or harvesting of oysters, clams, mussels, other molluscan shellfish or fish; the operation, management, conservation, improvement or maintenance of a farm and its buildings, tools and equipment, or salvaging timber or cleared land of brush or other debris left by a storm, as an incident to such farming operations; the production or harvesting of maple syrup or maple sugar, or any agricultural commodity, including lumber, as an incident to ordinary farming operations or the harvesting of mushrooms, the hatching of poultry, or the construction, operation or maintenance of ditches, canals, reservoirs or waterways used exclusively for farming purposes; handling, planting, drying, packing, packaging, processing, freezing, grading, storing or delivering to storage or to market, or to a carrier for transportation to market, or for direct sale any agricultural or horticultural commodity as an incident to ordinary farming operations, or, in the case of fruits and vegetables, as an incident to the preparation of such fruits or vegetables for market or for direct sale. For the purposes of these regulations the term agricultural also includes the use of horses for riding, pulling, training, lessons, showing, and other similar uses, but only when such uses are incidental to the raising and/or boarding of horses on the same lot. AGRICULTURAL BUILDINGS AND STRUCTURES: Buildings or other structures used in connection with agriculture, including shelter for livestock and storage for farm machinery, equipment and supplies. M:\PLANNING DEPARTMENT\AGRICULTURE\AgriculturalRegs ProposedDraft docx Page 241 of 301

242 AGRICULTURAL BUILDING, SPECIALIZED: A building used for (a) processing or packaging of farm products or by-products produced on the premises; (b) shelter for more than one hundred (100) cattle or pigs, 50 horses, or 20,000 fowl; or (c) workplaces for more than five (5) non-family employees. AGRICULTURAL COMMODITY: Same meaning as Farm products. AQUACULTURE: The term aquaculture means the farming of any waters and/or wetlands and the production of plant or protein food, including fish, oysters, clams, mussels and other molluscan shellfish. Aquaculture includes, without limitation, outdoor and/or indoor hatcheries, aquaponics, and hydroponics. FARM: A tract of land used, principally, for agriculture, with or without an associated single-family dwelling. In zoning districts in which a farm is allowed, both the agricultural activities and any single-family dwelling that may exist shall be deemed to be permitted, joint principal uses. FARM, ACCESSORY DWELLING UNIT: An accessory dwelling unit on a Home or Commercial Farm that is used by a caretaker of the farm and/or the farm s livestock. farm. FARM, COMMERCIAL: A farm producing farm products for sale by wholesale, or for sale at locations (not including Farmers Markets) other than the farm property on which they were produced. A minimum of five (5) acres is required for a commercial farm. An IRS Schedule F 1040 form shall be filed annually and approved by the assessor in order to be considered a farm. FARM, HOME: A farm producing farm products, principally for the use, consumption or education of the residents of the property. A minimum of three (3) acres is required for a Home Farm. Roosters are not permitted on Home Farms. FARM PRODUCTS: Any products of agriculture, including fruits; vegetables; mushrooms; nuts; shell eggs; honey or other bee products; maple syrup or maple sugar; flowers; nursery stock; Christmas trees; other horticultural commodities; livestock food products, including meat, milk, cheese and other dairy products; food products of aquaculture, as defined above, including, but not limited to, all plant food, fish, oysters, clams, mussels and other molluscan shellfish; products from any tree, vine or plant and their flowers; or any such products that have been processed by a farmer, including, but not limited to, baked goods made with farm products. FARMERS MARKET: A for-profit or nonprofit cooperative, enterprise, or association that regularly occupies a given location, and that operates principally as a common marketplace for a group of farmers, at least two of whom are selling Connecticut-grown fresh produce, to sell Connecticut-grown farm products directly to consumers. M:\PLANNING DEPARTMENT\AGRICULTURE\AgriculturalRegs ProposedDraft docx Page 242 of 301

243 FARM STAND, SEASONAL: A building or other structure from which agricultural products, produced on the owner s premises in Ledyard are sold, in accordance with Section 8.15.E(5). FARM STORE: Retail sales of farm products, the majority of which are produced in Ledyard. HOME HUSBANDRY: The non-commercial cultivation and production of edible crops or certain permitted livestock and/or poultry as an accessory use of the home and for the benefit of its residents, in accordance with Section 8.15.I. LIVESTOCK: Livestock all domestic animals except those usually kept as a companion and housed with human occupants in a residential building. 6. ADD THE FOLLOWING REVISED SECTION 8.15 (AGRICULTURE): 8.15 Agriculture A. Purpose: Preserving the Town s existing farms and encouraging new farming activities are strong goals of the Town. Ledyard s farms are central to the community s rural image and overall value by providing many obvious benefits such as providing tax revenue with little demand on Town services; providing wildlife habitats and tracts of open space, essential to maintaining the high quality of life enjoyed by Town residents; and by providing local produce, meat and dairy products year round. The purpose of these regulations is to clearly define agriculture and to promote the economic and operational viability of existing agricultural operations while facilitating and promoting new operations. B. Agriculture is permitted in Residential and Commercial Zoning Districts as a principal use or in addition to any existing permitted principal use. C. Application Requirements. The following activities/uses require a Zoning Permit and/or Commission Review: (1) The establishment of a new agricultural principal use as defined in 2.2. (2) The expansion or modification of an existing farm/agricultural operation. (3) The construction of any new structures on a property. (4) Accessory uses and activities specifically identified in 8.27.D (1-6). (5) Any other use/activity specifically identified as requiring a permit. D. Agriculture Uses. (1) Setbacks: a. No livestock, horses, or poultry are allowed to be housed or permitted to graze within 100 feet of any property line. M:\PLANNING DEPARTMENT\AGRICULTURE\AgriculturalRegs ProposedDraft docx Page 243 of 301

244 b. No livestock, horses, or poultry are allowed graze within 100 feet of any residential use. c. No building or structure other than a dwelling or display and sales area is permitted within 75 feet of any property line. (2) All animal wastes should be properly stored and disposed of in a manner to maintain sanitary and nuisance free conditions satisfactory to the Director of Health. Manure should be removed from the site or composted. Any compost piles must be located a minimum of 200 feet from a lot line and any areas where manure is stored or composted must be visually screened from dwellings on adjacent lots. (3) CT Public Health Code: Nothing in this section diminishes the property owner s separate responsibility for addressing compliance with the keeping of livestock and storage and disposal of waste under the State of Connecticut Public Health Code. (4) The living quarters of livestock, poultry, and similar animals, and the handling and disposal of solid and liquid wastes must not create a public health hazard or nuisance, or have an adverse effect on the environmental quality of the surrounding area and the community in general. (5) All animals shall be suitably and adequately confined or controlled at all times. (6) Proper drainage shall be provided to avoid collection of water. Water shall be diverted from animal keeping areas; however, such water shall not be allowed to pollute surface or subsurface water supplies. (7) Any commercial farm may be permitted one primary residential dwelling unit to be occupied by the owner or caretaker of the farm. E. Commercial Farm Accessory Uses. The following activities are considered to be accessory to an established commercial farm. For accessory uses and activities that may currently or in the future involve outdoor events, retail sales, and/ or potential traffic generating activities, a Zoning Permit and/or Commission review is required. (1) Agricultural Tourism. The opening to the public of a working farm or any agricultural, horticultural or agribusiness operation for the purpose of enjoyment, education, or active involvement in the activities of the farm or operation. A site plan review by the Commission shall be required when agricultural tourism is to be conducted on any parcel six or more times in any calendar year, or when any agricultural tourism event may reasonably be expected to require parking on any single day for ten or more motor vehicles used by agricultural tourists. Otherwise, agricultural tourism requires only a zoning permit. (2) Ag-tivities. Events of limited duration on a farm that are incidental to agricultural uses, including, but not limited to, hayrides, corn mazes, festivals and other similar activities; on-farm sales such as farm stands and pick-your-own operations, retailing farm and farm related products (farm store); recreational and/or competitive equine enterprises, and on farm processing operations provided they comply with all applicable state and municipal health codes. A site plan review by the Commission shall be required when Ag-tivities are to be conducted on any parcel six or more times in any calendar year, or when any Agtivities may reasonably be expected to require parking on any single day for ten M:\PLANNING DEPARTMENT\AGRICULTURE\AgriculturalRegs ProposedDraft docx Page 244 of 301

245 or more motor vehicles used by visitors to the farm. Otherwise, Ag-tivities require only a zoning permit. (3) Farm Accessory Dwelling Units. A legally existing farm which contains an occupied primary residence and has 10 or more acres actively used for a farming activity may have a single accessory dwelling to be occupied by a full or parttime caretaker. The unit shall be occupied only by an individual responsible for caretaking of the farming activities on the parcel and not involved in caretaking of the primary residence or its occupants. The accessory dwelling unit must comply with all regulations in ZR Section 8.1 (Accessory Apartments), except that the dwelling unit may be detached from the primary residence. (4) Non-agriculturally Related Uses. a. Activities that are part of an agricultural operation s overall offerings, but are not incidental to agriculture, or tied to agricultural buildings, structures, equipment, and/or fields. Such uses may include, but are not limited to, fee-based outdoor recreation such as bird watching, snowshoeing, and other passive recreational activities. A site plan review by the Commission shall be required when such uses may reasonably be expected to require parking for ten or more motor vehicles used by visitors to the farm. Otherwise, such uses require only a zoning permit. b. Small Events Venue for uses such as, but not limited to, retreats, workshops, classes (i.e. yoga, canning, wool dying etc.) are permitted by site plan review by the Commission, but no outdoor events or amplified music are permitted and the events shall be limited to less than ten motor vehicles. c. Large-scale Events Venue for large-scale events, such as but not limited to, weddings, catered events, parties, seasonal festivals, etc.; any events in which the use of amplified music is planned or anticipated; and any events where greater than 10 motor vehicles are expected require a Special Permit/Site Plan review by the Commission. In order to satisfy the conditions of a Special Permit with respect to noise, the Commission may limit the number of events per year and/or prohibit the use or the locations of amplified music outdoors. The Commission may impose additional restrictions on the use if it determines, after a hearing for which the owner of the farm is given written notice, that the noise levels are causing a nuisance to nearby properties. d. Farm Breweries require a Special Permit/Site Plan review by the Commission. A Farm Brewery shall be considered to be accessory to an established agricultural operation if the farmer makes and sells beer (including hard cider) from ingredients primarily grown on the farm. A Farm Brewery is permitted wherever agriculture is permitted [Note: A Brew Pub would fall under Hospitality Uses, permitted in nonresidential Zones per 602]. In addition to the requirements of Site Plan approval, the following additional regulations shall apply. 1. The brewery shall be considered a Pilot or Nano brewery if it has production capabilities of no more than 15,000 barrels a year. However, M:\PLANNING DEPARTMENT\AGRICULTURE\AgriculturalRegs ProposedDraft docx Page 245 of 301

246 in the Industrial (I) Zoning District, the manufacturing of greater quantities of beer and full-scale distribution operations may also be permitted as part of Site Plan approval. 2. The brewery must be clearly subordinate to a primary residence that is owner occupied (or that houses a full-time caretaker/manager) 3. Accessory uses to the Farm Brewery may include a test kitchen, tasting room, retail farm store selling local produce, value-added products, and sealed bottles or other sealed containers of beer produced on site for consumption off the premises. Accessory structures such as sheds and barns incidental to the brewery are also permitted. 4. Hours of operation for the tasting room and retail store shall be 12:00 p.m. to 8:00 p.m. (year-round, 7 days a week). e. Farm Winery: PENDING. f. Food trucks. Food trucks are permitted as an accessory use to a farm and only require a zoning permit, with a site plan showing adequate parking for the food truck use in addition to parking required for other uses on the farm. (5) Seasonal Roadside Stand and Farm Stores A. Purpose. To allow the sale of seasonal agricultural and farm products grown on the farm where the Farm Stand is located or that is grown on other local farms. B. Roadside Farm Stands are permitted in all districts as follows: a. Roadside Farm Stand require a zoning permit only. b. The Roadside Farm Stand building or structure shall not exceed a gross floor area of two hundred (200) square feet. c. Roadside Farm stands shall be on private property setback at least ten (10) feet from the paved roadway surface, not in a right-of-way, and at least fifty (50) feet from any intersection. d. No more than one (1) Roadside Farm Stand shall be permitted on a farm. C. Farm Stores, as defined in Section 2.2 (Agriculture-Related Terms), of any size require a Special Permit/Site Plan approval in residential districts and Site Plan approval in all other districts. F. Home Farm Accessory Uses (1) Seasonal Roadside Stand - Roadside Farm Stands are permitted in all districts in accordance with Section 8.15.E.5.B of these Regulations (above) and require a zoning permit only. G. Site Plan Requirements: All agriculture uses requiring a special permit shall provide the following: (1) Expected maximum parking and parking spaces adequate to meet the needs of the farm and all its uses. Parking shall be provided in accordance with ZR Section 10, may be permeable or paved, and striped or not striped. On-street parking is not permitted. (2) Compliance with statutory requirements for handicap parking and handicap signage M:\PLANNING DEPARTMENT\AGRICULTURE\AgriculturalRegs ProposedDraft docx Page 246 of 301

247 (3) Sanitary facilities and the maximum number of expected daily visitors they will serve. Sanitary facilities may include portable toilets. (4) Waste management provisions and how they are adequate for the expected number of visitors and guests (5) Months, days, and hours of operation. (6) Exterior lighting for walkways and parking areas if any. All lighting shall be full cutoff or other acceptable form of lighting that prevents light trespass beyond the boundaries of the farm. (7) Permanent outdoor stages, pavilions and seating (8) Location and Noise. The location of outdoor events and activities associated with Agritourism and/or Ag-tivities on the farm shall take into consideration the current use of surrounding properties. The Commission and/or ZEO may require a specific separating distance and/or an appropriate buffer strip that screens any such activity from adjacent properties. (9) Signs shall be in accordance with 8.15.K. H. Special Permit Standards for Large Events Venues: (1) Wine tastings, weddings, catered events, meetings, conferences, parties, and workshops shall end not later than 11:00 PM. (2) Music and amplified sounds for events shall comply with C.G.S. Section FILL IN regarding noise, shall be limited to three (3) days per week, and shall not be allowed after 11 PM. I. Home Husbandry. The keeping of certain livestock poultry for personal and/or educational non-commercial private home use where site-specific characteristics of a proposed area are compatible with such a use. Home husbandry shall be permitted as an accessory use to a residential use by zoning permit provided the following regulations are met: (1) Backyard poultry shall include chickens, ducks, turkeys, and other birds of similar mature size, but not guinea hens, peacocks, emus or ostriches. F (2) A property must be a minimum of sq. ft to keep rabbits and a minimum of 2000 sq. ft to keep backyard poultry (3) Property which meets the minimum lot sizes may keep: a. 6 or fewer rabbits/10000 sq. ft. of lot size b. 8 or fewer poultry with no roosters (4) The storage and management of waste (e.g. a combination of manure and bedding) for backyard poultry shall be in accordance with the Public Health Code, as amended. In no case shall waste be located closer to property lines than the minimum setback requirements for structures and enclosures for the keeping of backyard poultry and shall not exceed 2 cubic yards at any given time. (5) Rabbits and/or poultry kept for personal use shall be owned by residents or owners of the premises on which they are kept (6) Structures and Setbacks: a. An appropriate shelter and enclosure shall be provided for the keeping of rabbits and poultry. M:\PLANNING DEPARTMENT\AGRICULTURE\AgriculturalRegs ProposedDraft docx Page 247 of 301

248 b. Setback distances between any shelter or enclosure housing livestock and/or poultry shall be a minimum of: seventy-five (75) feet from any well located on applicant property and abutting properties, seventy-five (75) feet from any street line, or behind rear Building Line if applicable, forty (40) feet from any property line, and, one hundred (100) feet from any house upon property other than the applicant s. c. Poultry and rabbits shall be penned and not allowed to free range, and be provided with the following yard and shelter space requirements d. Livestock and poultry shall have shelter space and yard space according to table (below). Species not specifically listed may present alternative shelter and yard area proposals for commission approval. The application will be expected to bring relevant documentation demonstrating that the provided proposal will allow for the humane keeping of animals. J. Species Shelter Space Yard Space Other Rabbits 1 sqft/lb rabbit N/A 18 Headroom Chickens 3.5sqft/Hen 30 sqft/hen N/A Ducks 4 sqft/duck 40 sqft/duck Turkey 6 sqft/turkey 400 sqft/turkey Table Shelter Space Requirements for Home Husbandry (6) Site Suitability and Impact: In order to minimize potential adverse impacts, the following shall apply: a. Sites with slopes greater than 15% shall be avoided or improved to avoid heavy surface water runoff, soil erosion, sedimentation or hazardous conditions for keeping backyard poultry. b. Proper drainage shall be provided to avoid collection of water. Water shall be diverted from poultry keeping areas; however, such water shall not pollute surface or subsurface water supplies nor shall runoff be directed to neighboring properties. (7) Periodic certification. (a) The nature and intensity of some types of home husbandry is likely to change over time. (b) There are inherent difficulties of determining continued conformance with the home husbandry regulations. (c) It is important to determine if the home husbandry has evolved such that it is endangering public safety, health, convenience, or neighboring property values; and (d) It is necessary to know if the home husbandry is inactive or has been abandoned. A holder of a home husbandry special permit shall certify to the Zoning Official that the home husbandry use is continuing and in compliance with these regulations every two years. M:\PLANNING DEPARTMENT\AGRICULTURE\AgriculturalRegs ProposedDraft docx Page 248 of 301

249 K. Signage. In addition to the signs allowed pursuant to 9.0 of these Regulations, a farm may have: (1) Agricultural Sign. One permanent free-standing or attached sign with an area no larger than eighteen (18) square feet per side, limited to two sides (no size limit applies to signs painted on a barn). (2) Farm identification signs. A single permanent sign at an entrance to a farm designed only to identify the farm shall be permitted provided such sign bears no commercial advertising and does not exceed eighteen (18) square feet in area (per side, if freestanding). The sign shall not interfere with driver sight lines. (3) Seasonal Agricultural Sign. One temporary free-standing or attached sign associated with a farm stand, seasonal farm stand, or agriculturally related use. Such signs shall not have an area larger than 16 square feet per side, with a maximum of two sides. One seasonal agricultural sign per farm stand, seasonal farm stand, and/or agriculturally related use is allowed. One additional seasonal agricultural sign per every 300 feet of frontage on a public right-of-way on a farm parcel is also allowed. At no time, however, shall any farm have more than six seasonal agricultural signs. Seasonal agricultural signs shall meet all other applicable standards specified in 9.0. (4) Off-Site Directional Signs: Off-Site directional signs are allowed provided the nature and location of such signs do not create a nuisance or hazard. The owner of the enterprise/activity for which the Sign is desired shall have permission of the property owner regarding sign location. Placing directional signs in town or state-owned rights of way is not allowed without the permission of the state or town as appropriate. Each sign shall not exceed two (2) square feet in area, whether wall mounted or freestanding. M:\PLANNING DEPARTMENT\AGRICULTURE\AgriculturalRegs ProposedDraft docx Page 249 of 301

250 TABLE OF CONTENTS Part I: Introduction Part II: Executive Summary of Recommended Standards Part III: Recommended Standards, Scoping and Technical Provisions: X01 General X02 New Construction: Minimum Requirements: X02.1 Public Sidewalks X02.2 Protruding Objects X02.3 Street Fixtures and Furniture X02.4 Sidewalk/Street Transitions X02.5 Pedestrian Street Crossings X02.6 Vehicular Ways and Facilities X03 Temporary Facilities and Construction Part IV: Appendices X02 New Construction: Minimum Requirements: X02.1 Public Sidewalks X02.1 Public Sidewalks X General. Where provided, public sidewalks shall comply with this section. X Pedestrian Access Route X General. Where public sidewalks are provided, they shall contain a pedestrian access route. The pedestrian access route shall connect to elements required to be accessible in Section X02.3 and shall meet the requirements set forth in Section X through Section X Discussion: The pedestrian access route must comply with the provisions of Section X through Section X However, if the public sidewalk is wider than the pedestrian access route, the portion of the public sidewalk outside the pedestrian access route is not required to comply with these sections. While the pedestrian access route is designed to be universally accessible, there are additional elements in the public sidewalk, such as stairs and handrails, that are used by some pedestrians with disabilities. These elements must also meet applicable standards in order to be accessible to those who choose to use them. The committee had a lengthy discussion of planning the public/private interface at the edge of the right-of-way to ensure access to new construction and to remove barriers to existing private sites and facilities that abut a new or altered public sidewalk. However, it was determined that conditions in the public right-of-way are so variable that it would be impossible to develop a provision covering such public/private coordination. The Access Board will use best practices case studies that illustrate a range of approaches as they develop technical assistance information during X Reduced Vibration Zone. Within the pedestrian access route, there shall be an unobstructed reduced vibration zone meeting the requirements of this section. The reduced vibration zone shall be a contiguous part of the pedestrian access route that connects to elements required to be accessible in Section X02.3, and shall meet the requirements set forth in Section X through Section X Advisory: : The reduced vibration zone is intended to result in an unobstructed, smooth, and navigable path that is aligned to be as direct and free of meanders as possible. Discussion: The reduced vibration zone is a "path within a path;" that is, it may be wholly contained within the width of the pedestrian access route. Some pedestrians using wheelchairs or other mobility aids experience pain or difficulty when rolling over rough or jointed surfaces, which may preclude their ability to use the public sidewalk. The reduced vibration zone is intended to provide a place within the pedestrian access route where such impediments are minimized, while still allowing some design freedom within the remaining public sidewalk area. Research need: The committee wished to adopt a standard for the smoothness of the pedestrian access route but was not able to identify suitable technical provisions, such as a measurement of the rolling Page 250 of 301

251 vibration of pedestrian surfaces. Paved surfaces for vehicles are evaluated according to a roughness index (the IRI) for which there is an American Society for Testing and Materials (ASTM) measurement protocol that employs a profilometer. The committee encourages research to determine if the IRI could be adapted to the evaluation of pedestrian surfaces. The committee believes that research on the relationship of surface roughness, surface wavelength (amplitude and frequency), and caster and wheel diameter and materials may also be a fruitful area for research. In addition, ASTM standards are currently being developed for application in Hawaii. The committee recommends review of the Hawaii standard when available for possible incorporation into any new guidelines. X Clear Width X General. The minimum clear width of a pedestrian access route shall be 60 inches (1525mm), exclusive of the width of the curb. Within the pedestrian access route, the minimum clear width of the reduced vibration zone shall be 48 inches (1220mm), exclusive of the width of the curb. Advisory: Designers are encouraged to provide additional width where possible, especially in high use areas such as in downtown urban environments, near shopping centers, schools, civic facilities. It is recommended that the pedestrian access route be no less than 72 inches wide in high use areas. Discussion: It is the intent of this section to create a minimum safe navigation passage for people with disabilities. People with disabilities will be able to navigate the pedestrian access route more safely if the route is easily discernible and obstacles are eliminated. Public sidewalks that are at least 60 inches wide are the minimum width for turning a wheelchair and for allowing two wheelchair users to pass each other. The Access Board's Accessible Rights of Way: A Design Guide states that: 1) some pedestrians who use crutches need as much as 42 inches (1065mm) in width to achieve a comfortable gait; and 2) an individual traveling with a service animal or sighted guide will use a minimum of 48 inches (1220mm) of width for easy passage. Also, a 72-inch (1830mm) public sidewalk allows for two wheelchair users to travel side by side, provides a manageable area for a crutch user and a wheelchair user, and is the recommended minimum width for public sidewalks in high use areas. The curb width should not be used in calculating the width of the pedestrian access route since there is a possibility of a person with mobility impairment traveling at the outer edge and falling off the curb. It is helpful to think of a 48-inch-wide corridor of the pedestrian access route as "inviolate," the minimum to which the pedestrian access route can be reduced, corresponding with the continuous reduced vibration zone. EXCEPTIONS: 1. Driveways and alleyways. Where public sidewalks intersect driveways or alleyways, the width of the pedestrian access route may be reduced to 48 inches (1220mm) across the driveway. Advisory: Excessive cross slope or change in cross slope on driveway aprons can be a significant barrier to public sidewalk use. Even with narrow public sidewalks along the curb, it is possible to design a public sidewalk to pass across the driveway apron without exceeding the 1:48 cross slope limitation. Existing non-complying aprons can be reconstructed to achieve a usable cross slope for a width of 48 inches. By breaking the driveway apron into three parts Ð the apron on the roadway side, the sidewalk, and the apron on the property side Ð vehicles must slow to negotiate the two steeper ramps on either side of the sidewalk crossing. When properly designed and constructed, these driveways will not cause vehicles to "bottom out." Figure X02.1 A Sidewalk/Alley or Driveway Connections Page 251 of 301

252 Isometric views of five public sidewalk and driveway or alleyway connections. Illustrations show minimum PAR width of 48 inches (1220mm) at the driving area and indicate maximum allowable cross slopes. Figure X02.1 B Reconstruction of Driveway Aprons Page 252 of 301

253 Isometric views of a public sidewalk and driveway showing before and after conditions. The before view shows a driveway crossing a public sidewalk and a typical steep cross slope condition. The after view shows transition ramps approaching a lowered driveway apron which allows a 48-inch wide PAR with 1:48 cross slope to complete the connection. (EXCEPTIONS to X , continued) 2. Parallel parking. Where parallel parking spaces are provided adjacent to existing public sidewalks, and site constraints do not allow full compliance with the requirements of this section, the width of the pedestrian access route may be reduced to 48 inches (1220mm). 3. Accessible building entrances. Where construction is permitted in the sidewalk to provide an accessible entrance to an existing adjoining property, and site constraints do not allow full compliance with the requirements of this section, the width of the pedestrian access route may be reduced to 48 inches (1220 mm). 4. Street fixtures. Where insufficient public right-of-way is available to locate street fixtures outside the 60 inch (1525mm) minimum clear width, the pedestrian access route may be reduced to 48 inches (1220mm) for a length of 24 inches (610mm) maximum, provided that reduced width segments are separated by segments of the pedestrian access route that are 60 inches (1525mm) minimum in length and 60 inches (1525mm) minimum in width. Advisory: Placement of street fixtures should be outside the usable area of the public sidewalk (the pedestrian access route plus any other area intended for pedestrian travel) to the maximum extent feasible. Figure X02.1 C Placement of Street Fixtures Page 253 of 301

254 Plan view of a wall and street fixtures in relationship to the public sidewalk. Illustrates that the width of the pedestrian access route may be reduced to 48 inches and minimum spacing of 60 inches between objects intruding into the full 60-inch pedestrian access route. Discussion: The committee recognizes that public rights-of-way, unlike most corridors in buildings, are frequently the locations of numerous items of street furniture and fixtures that serve a wide variety of public and private purposes. In order to ensure that public sidewalks are accessible and usable by persons with disabilities, an unobstructed pedestrian access route must be provided. The committee also realizes that some flexibility is needed in placing utilities and other fixtures that share the public rights-of-way. Therefore, street fixtures, such as street light poles and bollards may be allowed to encroach slightly into the 60-inch pedestrian access route, though they should be located outside of the public sidewalk wherever possible. Street furniture, on the other hand, attracts stationary pedestrians, which can block the pedestrian access route further. Thus, fixed street furniture such as mailboxes, newspaper boxes, litter containers, benches, and bicycle racks should not be allowed within the pedestrian access route and should be located with their clear floor or ground space at the edge of public sidewalks wherever possible. X Cross Slope. X General. The cross slope of the pedestrian access route cross slope shall not exceed 1:48. Discussion: This requirement is consistent with current and proposed ADAAG standards that set a maximum 1:48 cross slope on accessible routes. Page 254 of 301

255 X Grade. X General. The minimum feasible running grade consistent with grades established for the adjacent roadway shall be provided in the pedestrian access route. EXCEPTION: The running grade of a pedestrian access route may be steeper than the adjacent roadway, provided that the pedestrian access route grade is either: 1. Less than 5%, or 2. In compliance with Section X02.4, or 3. In compliance with proposed ADAAG Section 405. Advisory: : The grades of a pedestrian access route should be as flat and uniform as possible in order to maximize accessibility. When the grade of the adjacent roadway exceeds 5 percent, it may be possible to create an independent sidewalk and pedestrian access route that differs from the contiguous roadway. This may be accomplished by establishing a sidewalk profile that is higher or lower than the roadway profile or by using a switchback design of connected ramps and landings that allows for a lesser slope. Where sidewalk grades are contiguous with the adjacent roadway grades and are at a grade steeper than 5 percent, accessibility will be maximized if level landings and/or handrails can be provided. Discussion: Where public sidewalks are located on independent vertical and/or horizontal alignments that are not related to roadways, they should comply with current and proposed ADAAG. In some locations it is not feasible to construct a roadway at less than a 5 percent grade, and right-ofway constraints or lot configurations may preclude separating the pedestrian access route significantly from the roadway. In such cases the running grade of the pedestrian access route may be as steep as the running grade of the roadway. X Surfaces. X General. The surfaces of the pedestrian access route shall comply with proposed ADAAG Section 302 and shall be as free of jointed surfaces and as visually uniform as possible. EXCEPTION: Surfaces may contain control joints and similar joints that are associated with established construction practices for those surfaces or structures that include pedestrian access routes. Advisory: Individual paving units, bricks or other textured materials are examples of surfaces that are undesirable in the pedestrian access route because of the vibration they cause. They may, however, be used in the portions of the public sidewalk that do not contain the pedestrian access route. The purpose of the visually uniform surface is to provide uniformity in color along the pedestrian access route to avoid confusing persons with low vision. Discussion: The requirement related to joints in the surface of the pedestrian access route is intended to eliminate, to the greatest extent possible, surfaces that tend to cause the front end of a wheelchair to vibrate or bounce as one travels across the surface. For many people, this vibration can cause pain or muscle spasms, possibly leading to a loss of control and maneuvering ability of the wheelchair. Allowances need to be made for expansion and contraction of the sidewalk material. This smooth surface would also serve as a reliable, uniform surface for the placement of crutches, free of unpredictable surface anomalies. The ADAAG Manual, developed by the Access Board in July 1998, states in Section 4.5.4, "Irregular paved surfaces, where jointed surfaces may be recessed below the level of the paving unit, can disrupt wheelchair maneuvering even if the differences in level are less than 1/4 inch." As stated on page 20 of FHWA's Designing Sidewalks and Trails for Access, "Surface quality significantly affects ease of travel for walking aid users. Grates and cracks wide enough to catch the tip of a cane can be potentially dangerous for walking-aid users. Icy or uneven surfaces can also be hazardous because they further reduce the already precarious stability of walking-aid users." The FHWA document further states, in section , "Although asphalt and concrete are the most common surfaces for sidewalks, many sidewalks are designed using decorative materials such as bricks or cobblestones. Although these materials improve the aesthetic quality of the sidewalk, they may increase the amount of work required for mobility. For example, tiles that are not spaced tightly together can cause grooves that catch wheelchair casters. These decorative surfaces may also create a bumpy ride that can be uncomfortable to those in wheelchairs. In addition, brick and cobblestone have a tendency to buckle creating changes in level and tripping hazards for people with visual impairments as well as ambulatory pedestrians with mobility impairments. For these reasons, brick and cobblestone sidewalks are not recommended." Creative alternatives to brick sidewalks include: colored concrete (stamped to look like brick); or concrete sidewalks with brick trim which preserves the decorative quality of brick but is an easier surface to negotiate. Research need: The committee recognizes the advantages of requiring public sidewalks to have a visually uniform pavement surface that is monochromatic except for uniformly repeating patterns or markings, which are locational, directional, or cautionary, and encourages the development of more specific guidelines in this area. Page 255 of 301

256 The committee understands that the Access Board and the Construction Specifications Institute will pursue the issue of visual contrast in a joint technical assistance project in 2001 and recommends including guidelines developed from this or other research identified during this project. X Utility covers, gratings and other covers. Utility covers, gratings, and other coverings over belowgrade construction shall not be placed within the minimum clear width of the reduced vibration zone. Advisory:Placement of utility covers, gratings and other covers should be outside the entire public sidewalk to the maximum extent feasible. X Surface gaps at rail crossings. (A) General. Where the pedestrian access route crosses rail systems at grade, the horizontal gap at the inner edge of each rail shall be constructed to the minimum dimension necessary to allow passage of railroad car wheel flanges and shall not exceed 2 1/2 inches maximum. This allowance for a gap of 2-1/2-inches shall expire four years after the Access Board publishes the final rule on public rights-ofway, after which time the maximum gap shall be in accordance with proposed ADAAG Section without the exception allowed in proposed ADAAG Section EXCEPTION: On tracks that carry freight rail, the maximum horizontal gap is permitted to be 3 inches. This allowance for a gap of 3 inches shall expire four years after the Access Board publishes the final rule on public rights-of-way, after which time the maximum gap shall be in accordance with proposed ADAAG Section without the exception allowed in proposed ADAAG Section Advisory:Horizontal gap width shall be measured from the gauge face of the rail to the edge of the pavement. Where track junctions occur at street intersections, the pedestrian access route should avoid being routed over the switch points or frogs, which of physical necessity involve greater gaps than flangeways, or over raised guard surfaces of girder rails at curves. Where practicable, newly constructed pedestrian paths should intersect rail crossings at right angles. Discussion: Current technology does not provide a practicable solution for eliminating large gaps in the surface around rails. However, any horizontal gap in the surface paving greater than 1/2 inch can trap a wheelchair wheel, which makes development of a filler or other solution an urgent need. The committee recognized that the technical requirements for such a filler are formidable, since a filler that did not work perfectly could result in derailment, but there was strong support on the committee for a recommendation that would provide some incentive to the railroad industry to undertake and complete research and development to remedy this dangerous condition. Research need: The committee is concerned that no technology currently exists to ameliorate the hazardous flangeway gap where light and heavy rail lines cross pedestrian ways and recommends research on a practicable solution. The Association of American Railroads has proposed a Transportation Research Board (TRB) project for to involve the user community of the Access Board, FHWA, State departments of transportation, local road and street agencies, transit agencies, the Federal Transit Administration and the Federal Railroad Administration. (B) Detectable warnings. Where rail systems cross pedestrian facilities that are not shared with vehicular ways, such as public sidewalks and pedestrian plazas, a detectable warning shall be provided in compliance with Section X Advisory: Detectable warnings are not recommended at the trackway when the rail crossing is within the vehicular way, such as a trackway crossing a crosswalk within a roadway. Discussion: When a pedestrian who is blind or visually impaired is in the crosswalk, a detectable warning installed for a rail crossing could be confusing and be mistaken as an indication of the other side of the street or as a median refuge. The detectable warning at each sidewalk/street transition will provide an indication of the presence of vehicular traffic of any type within the vehicular way. X Changes in Level. X General. Where changes in level are permitted in the pedestrian access route they shall comply with proposed ADAAG Section 303. Advisory: Changes in level between 1/4 inch and 1/2 inch are highly discouraged, even if permitted when beveled, in the public right-of-way. Changes in level exceeding 1/4 inch should be spaced at least 24 inches apart in the predominant direction of pedestrian travel to accommodate the average wheelbase of a wheelchair. Discussion: Abrupt changes in level can create surface bumps that jar the front wheels of a wheel chair and make passage difficult for people with mobility impairments. Decorative deeply stamped or heavily jointed surface treatments also provide for irregular, rough surfaces that preclude, make difficult, or make painful passage by persons who use wheelchairs and other mobility aids. An abrupt vertical change in level greater than 1/4 inch can impede forward travel with a wheelchair. Page 256 of 301

257 The committee considered limiting the number of abrupt vertical surface changes that exceed 1/4 inch that could be introduced along a length of the pedestrian access route. It was agreed that the standard 24-inch length of a wheelchair wheelbase could serve as a minimum distance between changes. X Changes in level at rail crossings. Where the pedestrian access route crosses rail systems at grade, the surface of the pedestrian access route shall be level and flush with the top of the rail at the outer edge and between the rails. X Stairs X General. Where provided in public right-of-way, stairs shall comply with proposed ADAAG Section 504. Stairs shall not be part of the pedestrian access route. X Visual contrast at the leading edges of steps. Each tread of stairs in the public right-of-way shall have a high visual contrast strip marking the full width of the tread for a depth of 2 inches minimum from the leading edge of the tread. Figure X02.1 D Visual Contrast at Steps Isometric views of treads and risers indicating contrast strip at leading edge. One shows the strip limited to the flat surface of the tread, one shows the strip wrapping over the nose of the tread. Discussion: While stairways are not considered part of a pedestrian access route, they are often constructed at pedestrian grade separations that are also served by elevators or a ramping system that does provide accessibility. Often persons with low vision are also elderly and prefer to use stairs rather than ramps because of joint deterioration, which causes difficulty in negotiating ramps. Providing higher contrast and improved visibility of stairways significantly improves these users' ability to negotiate stairways. Marking the lead 2 inches of tread the full width of the step with a strip of high visual contrast or safety yellow material will improve visibility. X Elevators and Lifts. X General. Where provided in public rights-of-way, elevators shall comply with proposed ADAAG Section 407 and lifts shall comply with proposed ADAAG Section 408 and shall remain unlocked during the operating hours of the facility served by the elevator. Page 257 of 301

258 Discussion: The requirement that elevators and lifts remain unlocked is necessary to ensure that they are independently operable and available when the facility they serve is open for use by the public. Frontier issue: The committee discussed the fact that larger wheelchairs and electric scooters are used more frequently in the outdoor environment and that the clear ground space of 32 inches by 48 inches provided in proposed ADAAG Section 408 may not accommodate these larger mobility aids. In some sections, such as for the approach to push buttons, the committee recommended a larger clear ground space. The committee suggests future work to establish a uniform recommendation on these dimensions for outdoor environments. X Separation. X General. Reserved Advisory: Designers should consider providing sidewalks with both a vertical and horizontal separation from the adjacent roadway. Vertical separation can be created through the installation of curbs. Horizontal separation should be at least 24 inches (610mm) wide, and can be created through the installation of landscaping or furniture zones for benches, planters, literature display boxes, or similar clearly defined features or surfaces that will help guide persons who may otherwise unintentionally enter the vehicular way. Discussion: The committee encourages the use of planting strips or similar distinct features or surfaces to separate the sidewalk from the roadway and curb, to provide an edge for visual and cane travel, to accommodate public sidewalk elements and furniture, and to help ensure the border width necessary to accommodate curb ramps. The committee considered requiring the acquisition of sufficient ROW width to ensure public sidewalk accessibility. However, it was recognized that ROW conditions are so variable that it would not be possible to develop provisions applicable to a wide range of locations and circumstances. X Edge Conditions. 1 X General. Reserved. Advisories: (A) Tactile and visual cues.pedestrians with visual impairments use visual and tactile boundaries (shorelines) for directional orientation. Public sidewalks with clearly defined edges will be more accessible for these pedestrians. Where public sidewalks abut other paved areas such as parking lots and pedestrian plazas, the use of a visually contrasting and tactile material at the edge of the pedestrian route is desirable. Discussion: Blind and low vision pedestrians use visual and tactile boundaries (shorelines) for directional orientation in the public right-of-way. (B) Edge Protection. Edge protection adjacent to public sidewalks containing pedestrian access routes is desirable in many instances because persons with disabilities often have limited agility and therefore have difficulty recovering if they encounter an uneven or potentially hazardous edge condition. Where provided, edge protection should be a minimum of 18 inches (450 mm) wide and consisting of a physical barrier such as a beam, curb, wall, shrubbery, railing or fence is preferred. Discussion: The committee discussed the need for a safe edge condition along the public sidewalk. People with disabilities often have limited agility and need additional protection if there is a drop off or other potential hazard next to the public right-of-way. Where buildings abut the public sidewalk, they provide a clearly defined edge to the pedestrian circulation area. Where no building is present, a landscaped or other clearly defined space, level with the public sidewalk, provides a discernible edge for the pedestrian. Where the landscaped or other clearly defined space is not generally level or cannot be provided, or where slopes steeper than 1:3 abut the sidewalk, other edge protection should be considered. X Handrails. X General. Where provided in the public right-of-way, handrails shall comply with proposed ADAAG Section 505. Advisory: Placement of the handrail extension return at a height lower than 27 inches will improve detectability for blind pedestrians. X Parking structure exit warnings. X General. Reserved. Page 258 of 301

259 Advisory:Where the public sidewalk crosses a vehicular exit for a parking structure, a vehicle-triggered audible and visual warning may be useful for all pedestrians, especially those with visual and hearing impairments. Research is needed to determine the specifications for such a warning system. Developers of parking structures are encouraged to provide drivers exiting the structure with an alert when a pedestrian is present. Research need: The committee recommends that the Board undertake research to determine the specifications for a warning system to alert pedestrians of the approach of a vehicle exiting a parking structure. The system should ensure consistency of interpretation. The committee recommends that the system: 1. Have an alarm that will not be confused with an Accessible Pedestrian Signal; 2. Have an alarm that will not be confused with a heavy vehicle back-up sound; 3. Have an alarm that is volume responsive to ambient sound; 5 db above ambient noise level, and a maximum of 89dB is suggested as a starting point. The committee also recommends research on pedestrian sensor systems that can advise the exiting motorist of the presence of approaching pedestrian traffic. Page 259 of 301

260 Sidewalks of the Ledyard-Gales Ferry Metroplex Rev B June 2020 Page 260 of 301

261 Ledyard Center Sidewalks Starting on Iron Street (RT 214), at Stevens Ave. traveling West to RT 117, then South and terminating at Ming Moon Restaurant. 1,030 ft. On the West side of RT 117 from RT 214 traveling South to Ming Moon Restaurant. 440 ft. Page 261 of 301

262 Ledyard Center Sidewalks Starting on the East side RT 117 North of Dime Bank, then traveling south past the school and fairgrounds, between the Ledyard Congregational Church and Bill Library and terminating at Ray Holdredge Circle. 1,418 ft. On the West side of RT 117 starting at the town hall and continuing South terminating at the cross walk at LCC. 1,070 ft. Page 262 of 301

263 Gales Ferry Sidewalks Starting on the Hurlbut Road at the beginning of the CVS property and traveling East to RT 12, turning south to the end of the CVS property. A few feet of grass separates the sidewalk from the steps leading to the Triple B parking lot. 500 ft. Page 263 of 301

264 Gales Ferry Sidewalks Starting at the intersection of Military Highway and RT 12, traveling North past the Shell gas station, turning west on Chapman Lane and North to the West of Putnam Bank and terminating at their parking lot. 550 ft. Page 264 of 301

265 Ledyard-Preston Sidewalk Starting on the West side of RT 12, traveling North across the Poquetanuck Cove into Preston. 700 ft. Page 265 of 301

266 AGENDA ACTION ITEM Meeting Date: Staff Contact: Roxanne Maher, Admin Assistant Department: Ledyard Town Council Subject: MOTION to adopt a Municipal Certification of Resolution for a Small Town Economic Assistance Program ~STEAP 2020 ~ Ledyard Community Green Improvement Project (project name to tbd) located at 728 Colonel Ledyard Highway, Ledyard, Connecticut And that the Parks & Recreation Commission shall review and approve the Conceptual Plan to be submitted as part of the Application; And, if funding is approved, Town Council approval will be requested for funding the Town match when that amount is known before any contract is signed & the project is commenced. Background Information: The Town, through the Parks & Recreation Dept. & Public Works Dept. have commenced improvements to the "Town Green" property consisting of a 7.03 acre portion of the former Ledyard Center School property retained by the Town. Proposed improvements (bathrooms, building repairs, bandstand, parklet, walking path, play areas) will allow the entire community of Ledyard a place to gather and enhance the quality of life in Town. Please click on Link below to view Map %2C &z=14 TOWN OF LEDYARD GENERAL GOVERNMENT GRANT APPLICATION POLICY AND PROCESS The Ledyard Town Council will approve all grant applications submitted by the Town to any governmental agency or private foundation on behalf of the Town; and any items that are offered to the Town by any entity, and items taken in forfeiture by the Town. Every department, commission, or board Page 266 of 301

267 acting on behalf of the Town of Ledyard when seeking grants or responding to an offer to the Town of grant funds or items must follow this policy and process. Grants, for these purposes include: 1. Grants that require a Town match -- whether the match is a dollar figure, an in-kind contribution, or a combination thereof 2. Grants that are 100% funded 3. Items or services that are offered ( gifted ) to the Town such as land, equipment, buildings, or vehicles 4. Items that are taken by forfeiture and intended to be retained by the Town 5. Items granted to a fire company s 501(c)3 organization but expected to be maintained and/or insured by Town operating dollars When applying for any grant, the grant seeker will create a legislative file and attach a completed GRANT REQUEST FORM and any pertinent information about the grant and grantor. The legislative file will be set up to go the Town Council using the Finance Committee workflow. When applying for Federal funding, the grant seeker must include acknowledgement in the GRANT REQUEST FORM that they have read and understand the Federal Government procurement standards for federal funding in 2 CFR through (See Attachment 1). Amended and Approved by the Town Council: on: July 22, 2020 Linda C. Davis, Chairman ******************************************************************************* Revisions: General Government Grant Application Policy and Process Adopted: May 8, History: Paragraph 5 added the following: When applying for Federal funding, the grant seeker must include acknowledgement in the GRANT REQUEST FORM that they have read and understand the Federal Government procurement standards for federal funding in 2 CFR through (See Attachment 1). Below the Form added: FOR FEDERAL GRANTS: I confirm that I have read and understand the federal general procurement standards in 2 CFR through Added to the Policy Attachment 1 Code of Federal Regulations: 2 CFR to Policy. Page 267 of 301

268 FOR FEDERAL GRANTS: I confirm that I have read and understand the federal general procurement standards in 2 CFR through (Appendix 1) Signed Name Printed Name Date Page 268 of 301

269 ATTACHMENT 1 Code of Federal Regulations: 2 CFR General procurement standards. (a) The non-federal entity must use its own documented procurement procedures which reflect applicable State, local, and tribal laws and regulations, provided that the procurements conform to applicable Federal law and the standards identified in this part. (b) Non-Federal entities must maintain oversight to ensure that contractors perform in accordance with the terms, conditions, and specifications of their contracts or purchase orders. (c)(1) The non-federal entity must maintain written standards of conduct covering conflicts of interest and governing the actions of its employees engaged in the selection, award and administration of contracts. No employee, officer, or agent may participate in the selection, award, or administration of a contract supported by a Federal award if he or she has a real or apparent conflict of interest. Such a conflict of interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in or a tangible personal benefit from a firm considered for a contract. The officers, employees, and agents of the non-federal entity may neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. However, non-federal entities may set standards for situations in which the financial interest is not substantial or the gift is an unsolicited item of nominal value. The standards of conduct must provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents of the non- Federal entity. (2) If the non-federal entity has a parent, affiliate, or subsidiary organization that is not a state, local government, or Indian tribe, the non-federal entity must also maintain written standards of conduct covering organizational conflicts of interest. Organizational conflicts of interest means that because of relationships with a parent company, affiliate, or subsidiary organization, the non-federal entity is unable or appears to be unable to be impartial in conducting a procurement action involving a related organization. (d) The non-federal entity's procedures must avoid acquisition of unnecessary or duplicative items. Consideration should be given to consolidating or breaking out procurements to obtain a more economical purchase. Where appropriate, an analysis will be made of lease versus purchase alternatives, and any other appropriate analysis to determine the most economical approach. (e) To foster greater economy and efficiency, and in accordance with efforts to promote cost-effective use of shared services across the Federal Government, the non-federal entity is encouraged to enter into state and local intergovernmental agreements or inter-entity agreements where appropriate for procurement or use of common or shared goods and services. (f) The non-federal entity is encouraged to use Federal excess and surplus property in lieu of purchasing new equipment and property whenever such use is feasible and reduces project costs. Page 269 of 301

270 (g) The non-federal entity is encouraged to use value engineering clauses in contracts for construction projects of sufficient size to offer reasonable opportunities for cost reductions. Value engineering is a systematic and creative analysis of each contract item or task to ensure that its essential function is provided at the overall lower cost. (h) The non-federal entity must award contracts only to responsible contractors possessing the ability to perform successfully under the terms and conditions of a proposed procurement. Consideration will be given to such matters as contractor integrity, compliance with public policy, record of past performance, and financial and technical resources. See also Suspension and debarment. (i) The non-federal entity must maintain records sufficient to detail the history of procurement. These records will include, but are not necessarily limited to the following: rationale for the method of procurement, selection of contract type, contractor selection or rejection, and the basis for the contract price. (j)(1) The non-federal entity may use a time and materials type contract only after a determination that no other contract is suitable and if the contract includes a ceiling price that the contractor exceeds at its own risk. Time and materials type contract means a contract whose cost to a non-federal entity is the sum of: (i) The actual cost of materials; and (ii) Direct labor hours charged at fixed hourly rates that reflect wages, general and administrative expenses, and profit. (2) Since this formula generates an open-ended contract price, a time-and-materials contract provides no positive profit incentive to the contractor for cost control or labor efficiency. Therefore, each contract must set a ceiling price that the contractor exceeds at its own risk. Further, the non-federal entity awarding such a contract must assert a high degree of oversight in order to obtain reasonable assurance that the contractor is using efficient methods and effective cost controls. (k) The non-federal entity alone must be responsible, in accordance with good administrative practice and sound business judgment, for the settlement of all contractual and administrative issues arising out of procurements. These issues include, but are not limited to, source evaluation, protests, disputes, and claims. These standards do not relieve the non-federal entity of any contractual responsibilities under its contracts. The Federal awarding agency will not substitute its judgment for that of the non-federal entity unless the matter is primarily a Federal concern. Violations of law will be referred to the local, state, or Federal authority having proper jurisdiction. [78 FR 78608, Dec. 26, 2013, as amended at 79 FR 75885, Dec. 19, 2014; 80 FR 43309, July 22, 2015] Competition. (a) All procurement transactions must be conducted in a manner providing full and open competition consistent with the standards of this section. In order to ensure objective contractor performance and eliminate unfair competitive advantage, contractors that develop or draft specifications, requirements, statements of work, or invitations for bids or requests for proposals must be excluded from competing for such procurements. Some of the situations considered to be restrictive of competition include but are not limited to: (1) Placing unreasonable requirements on firms in order for them to qualify to do business; (2) Requiring unnecessary experience and excessive bonding; (3) Noncompetitive pricing practices between firms or between affiliated companies; Page 270 of 301

271 (4) Noncompetitive contracts to consultants that are on retainer contracts; (5) Organizational conflicts of interest; (6) Specifying only a brand name product instead of allowing an equal product to be offered and describing the performance or other relevant requirements of the procurement; and (7) Any arbitrary action in the procurement process. (b) The non-federal entity must conduct procurements in a manner that prohibits the use of statutorily or administratively imposed state, local, or tribal geographical preferences in the evaluation of bids or proposals, except in those cases where applicable Federal statutes expressly mandate or encourage geographic preference. Nothing in this section preempts state licensing laws. When contracting for architectural and engineering (A/E) services, geographic location may be a selection criterion provided its application leaves an appropriate number of qualified firms, given the nature and size of the project, to compete for the contract. (c) The non-federal entity must have written procedures for procurement transactions. These procedures must ensure that all solicitations: (1) Incorporate a clear and accurate description of the technical requirements for the material, product, or service to be procured. Such description must not, in competitive procurements, contain features which unduly restrict competition. The description may include a statement of the qualitative nature of the material, product or service to be procured and, when necessary, must set forth those minimum essential characteristics and standards to which it must conform if it is to satisfy its intended use. Detailed product specifications should be avoided if at all possible. When it is impractical or uneconomical to make a clear and accurate description of the technical requirements, a brand name or equivalent description may be used as a means to define the performance or other salient requirements of procurement. The specific features of the named brand which must be met by offers must be clearly stated; and (2) Identify all requirements which the offerors must fulfill and all other factors to be used in evaluating bids or proposals. (d) The non-federal entity must ensure that all prequalified lists of persons, firms, or products which are used in acquiring goods and services are current and include enough qualified sources to ensure maximum open and free competition. Also, the non-federal entity must not preclude potential bidders from qualifying during the solicitation period. [78 FR 78608, Dec. 26, 2013, as amended at 79 FR 75885, Dec. 19, 2014] Methods of procurement to be followed. The non-federal entity must use one of the following methods of procurement. (a) Procurement by micro-purchases. Procurement by micro-purchase is the acquisition of supplies or services, the aggregate dollar amount of which does not exceed the micro-purchase threshold ( Micro-purchase). To the extent practicable, the non-federal entity must distribute micro-purchases equitably among qualified suppliers. Micro-purchases may be awarded without soliciting competitive quotations if the non-federal entity considers the price to be reasonable. (b) Procurement by small purchase procedures. Small purchase procedures are those relatively simple and informal procurement methods for securing services, supplies, or other property that do not cost more than the Simplified Acquisition Threshold. If small purchase procedures are used, price or rate quotations must be obtained from an adequate number of qualified sources. Page 271 of 301

272 (c) Procurement by sealed bids (formal advertising). Bids are publicly solicited and a firm fixed price contract (lump sum or unit price) is awarded to the responsible bidder whose bid, conforming with all the material terms and conditions of the invitation for bids, is the lowest in price. The sealed bid method is the preferred method for procuring construction, if the conditions in paragraph (c)(1) of this section apply. (1) In order for sealed bidding to be feasible, the following conditions should be present: (i) A complete, adequate, and realistic specification or purchase description is available; (ii) Two or more responsible bidders are willing and able to compete effectively for the business; and (iii) The procurement lends itself to a firm fixed price contract and the selection of the successful bidder can be made principally on the basis of price. (2) If sealed bids are used, the following requirements apply: (i) Bids must be solicited from an adequate number of known suppliers, providing them sufficient response time prior to the date set for opening the bids, for local, and tribal governments, the invitation for bids must be publicly advertised; (ii) The invitation for bids, which will include any specifications and pertinent attachments, must define the items or services in order for the bidder to properly respond; (iii) All bids will be opened at the time and place prescribed in the invitation for bids, and for local and tribal governments, the bids must be opened publicly; (iv) A firm fixed price contract award will be made in writing to the lowest responsive and responsible bidder. Where specified in bidding documents, factors such as discounts, transportation cost, and life cycle costs must be considered in determining which bid is lowest. Payment discounts will only be used to determine the low bid when prior experience indicates that such discounts are usually taken advantage of; and (v) Any or all bids may be rejected if there is a sound documented reason. (d) Procurement by competitive proposals. The technique of competitive proposals is normally conducted with more than one source submitting an offer, and either a fixed price or cost-reimbursement type contract is awarded. It is generally used when conditions are not appropriate for the use of sealed bids. If this method is used, the following requirements apply: (1) Requests for proposals must be publicized and identify all evaluation factors and their relative importance. Any response to publicized requests for proposals must be considered to the maximum extent practical; (2) Proposals must be solicited from an adequate number of qualified sources; (3) The non-federal entity must have a written method for conducting technical evaluations of the proposals received and for selecting recipients; (4) Contracts must be awarded to the responsible firm whose proposal is most advantageous to the program, with price and other factors considered; and (5) The non-federal entity may use competitive proposal procedures for qualifications-based procurement of architectural/engineering (A/E) professional services whereby competitors' qualifications are evaluated and the most qualified competitor is selected, subject to negotiation of fair and reasonable compensation. The method, where price is not used as a selection factor, can only be used in procurement of A/E professional services. It cannot be used to purchase other types of services though A/E firms are a potential source to perform the proposed effort. (e) [Reserved] Page 272 of 301

273 (f) Procurement by noncompetitive proposals. Procurement by noncompetitive proposals is procurement through solicitation of a proposal from only one source and may be used only when one or more of the following circumstances apply: (1) The item is available only from a single source; (2) The public exigency or emergency for the requirement will not permit a delay resulting from competitive solicitation; (3) The Federal awarding agency or pass-through entity expressly authorizes noncompetitive proposals in response to a written request from the non-federal entity; or (4) After solicitation of a number of sources, competition is determined inadequate. [78 FR 78608, Dec. 26, 2013, as amended at 79 FR 75885, Dec. 19, 2014; 80 FR 54409, Sept. 10, 2015] Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms. (a) The non-federal entity must take all necessary affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used when possible. (b) Affirmative steps must include: (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; (4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; (5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and (6) Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs (1) through (5) of this section Procurement of recovered materials. A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. [78 FR 78608, Dec. 26, 2013, as amended at 79 FR 75885, Dec. 19, 2014] Contract cost and price. (a) The non-federal entity must perform a cost or price analysis in connection with every procurement action in excess of the Simplified Acquisition Threshold including contract modifications. The method and degree of analysis is dependent on the facts surrounding the particular procurement situation, but as a starting point, the non-federal entity must make independent estimates before receiving bids or proposals. (b) The non-federal entity must negotiate profit as a separate element of the price for each contract in which there is no price competition and in all cases where cost analysis is performed. To establish a fair and Page 273 of 301

274 reasonable profit, consideration must be given to the complexity of the work to be performed, the risk borne by the contractor, the contractor's investment, the amount of subcontracting, the quality of its record of past performance, and industry profit rates in the surrounding geographical area for similar work. (c) Costs or prices based on estimated costs for contracts under the Federal award are allowable only to the extent that costs incurred or cost estimates included in negotiated prices would be allowable for the non- Federal entity under Subpart E Cost Principles of this part. The non-federal entity may reference its own cost principles that comply with the Federal cost principles. (d) The cost plus a percentage of cost and percentage of construction cost methods of contracting must not be used Federal awarding agency or pass-through entity review. (a) The non-federal entity must make available, upon request of the Federal awarding agency or pass-through entity, technical specifications on proposed procurements where the Federal awarding agency or passthrough entity believes such review is needed to ensure that the item or service specified is the one being proposed for acquisition. This review generally will take place prior to the time the specification is incorporated into a solicitation document. However, if the non-federal entity desires to have the review accomplished after a solicitation has been developed, the Federal awarding agency or pass-through entity may still review the specifications, with such review usually limited to the technical aspects of the proposed purchase. (b) The non-federal entity must make available upon request, for the Federal awarding agency or passthrough entity pre-procurement review, procurement documents, such as requests for proposals or invitations for bids, or independent cost estimates, when: (1) The non-federal entity's procurement procedures or operation fails to comply with the procurement standards in this part; (2) The procurement is expected to exceed the Simplified Acquisition Threshold and is to be awarded without competition or only one bid or offer is received in response to a solicitation; (3) The procurement, which is expected to exceed the Simplified Acquisition Threshold, specifies a brand name product; (4) The proposed contract is more than the Simplified Acquisition Threshold and is to be awarded to other than the apparent low bidder under a sealed bid procurement; or (5) A proposed contract modification changes the scope of a contract or increases the contract amount by more than the Simplified Acquisition Threshold. (c) The non-federal entity is exempt from the pre-procurement review in paragraph (b) of this section if the Federal awarding agency or pass-through entity determines that its procurement systems comply with the standards of this part. (1) The non-federal entity may request that its procurement system be reviewed by the Federal awarding agency or pass-through entity to determine whether its system meets these standards in order for its system to be certified. Generally, these reviews must occur where there is continuous high-dollar funding, and third party contracts are awarded on a regular basis; (2) The non-federal entity may self-certify its procurement system. Such self-certification must not limit the Federal awarding agency's right to survey the system. Under a self-certification procedure, the Federal awarding agency may rely on written assurances from the non-federal entity that it is complying with Page 274 of 301

275 these standards. The non-federal entity must cite specific policies, procedures, regulations, or standards as being in compliance with these requirements and have its system available for review Bonding requirements. For construction or facility improvement contracts or subcontracts exceeding the Simplified Acquisition Threshold, the Federal awarding agency or pass-through entity may accept the bonding policy and requirements of the non-federal entity provided that the Federal awarding agency or pass-through entity has made a determination that the Federal interest is adequately protected. If such a determination has not been made, the minimum requirements must be as follows: (a) A bid guarantee from each bidder equivalent to five percent of the bid price. The bid guarantee must consist of a firm commitment such as a bid bond, certified check, or other negotiable instrument accompanying a bid as assurance that the bidder will, upon acceptance of the bid, execute such contractual documents as may be required within the time specified. (b) A performance bond on the part of the contractor for 100 percent of the contract price. A performance bond is one executed in connection with a contract to secure fulfillment of all the contractor's obligations under such contract. (c) A payment bond on the part of the contractor for 100 percent of the contract price. A payment bond is one executed in connection with a contract to assure payment as required by law of all persons supplying labor and material in the execution of the work provided for in the contract Contract provisions. The non-federal entity's contracts must contain the applicable provisions described in Appendix II to Part 200 Contract Provisions for non-federal Entity Contracts Under Federal Awards. Mayor's Recommendations: Ledyard has previously secured two STEAP grants totaling $650,000. Historical data shows an inequity in the STEAP grant funding so it is my hope this year will begin to correct this. The planned projects on the Town Green will be a comprehensive advancement of the new green space and really add to what the town has to offer. The window for STEAP this year is only four weeks, which may bode well for Ledyard as many municipalities may not be "shovel ready". Recommendation(s): Attachments: RESOLUTION-STEAP TOWN GREEN docx STEAP 2020 Grant Memo STEAP2020 GrantRequestForm DRAFT-Town Community Green Project Concept Plan Page 275 of 301

276 DRAFT: 7/29/2020 MUNICIPAL CERTIFICATION OF RESOLUTION SMALL TOWN ECONOMIC ASSISTANCE PROGRAM ~STEAP 2020 ~ LEDYARD COMMUNITY GREEN IMPROVEMENT PROJECT I, Patricia A. Riley, Town Clerk of the Town of Ledyard, a municipality organized and existing under the laws of the State of Connecticut, hereby certify that the following is a true copy of the resolution adopted at the Representative Town Meeting of said municipality at the Special Meeting held on August 5, 2020 ****************************************************************************** RESOLVED, that Mayor Fredrick B. Allyn, III, be, and hereby is, authorized to accept on behalf of the Town of Ledyard, a 2020 Connecticut STEAP Grant in the amount of $ for a Ledyard Community Green Improvement Project; 728 Colonel Ledyard Highway, Ledyard, Connecticut; and FURTHER RESOLVED, that Mayor Fredrick B. Allyn, III, is hereby authorized to enter into and execute any and all agreements, contracts and documents necessary to obtain said 2020 STEAP Grant with the State of Connecticut. ****************************************************************************** I DO FURTHER CERTIFY that the above resolution has in no way been altered, amended or revoked, and is in full force and effect. AND I DO FURTHER CERTIFY that Mayor Fredrick B. Allyn, III is the Mayor f the Town of Ledyard, and has been since May 7, IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Town of Ledyard this day of, Patricia A. Riley, Town Clerk Town of Ledyard LD/rm Authorizing Resolution of the of the Ledyard Town Council State of Connecticut Department of Emergency Services and Public Protection, Division of Emergency Management and Homeland Security Submitted to T. Clerk s Office on: 7/23/2020 Page 276 of 301

277 TOWN OF LEDYARD Department of Land Use and Planning Elizabeth J. Burdick, Director 741 Colonel Ledyard Highway, Ledyard, CT Telephone: (860) , Fax: (860) MEMORANDUM DATE: July 29, 2020 TO: Roxanne Maher, Administrative Assistant to Ledyard Town Council FROM: Liz Burdick, Director Land of Use & Planning RE: Ledyard Town Council/Finance/LUPPW Meetings 8/3/20 & 8/5/20 Agenda Action Item STEAP 2020 Grant Proposal Dear Roxanne: I would greatly appreciate it if you would add the following Agenda Action Item to the LUPPW Committee meeting on 8/3/20, the Finance Committee meeting on 8/5/20 and the Town Council meeting on 8/5/20 as follows: MOTION to authorize the Mayor to submit a STEAP 2020 Grant Application in an amount to be determined for Ledyard Community Green Improvement Project (or similar name tbd) located at 728 Colonel Ledyard Highway, Ledyard, CT; And that the Parks & Recreation Commission shall review and approve the Conceptual Plan to be submitted as part of the Application; And, if funding is approved, Town Council approval will be requested for funding the Town match when that amount is known before any contract is signed & the project is commenced. A copy of the Grant Request Form, STEAP 2020 Program Guidelines & Application are attached hereto. Conceptual plans & costs estimates are expected to be completed on Friday, July 31, 2020 for posting on Monday, August 3, Please contact me with questions. Thank you. C: Linda Davis, Town Council Chairman Fred B. Allyn III, Mayor Bill Saums, Finance Committee Chairman Kevin Dombrowski, LUPPW Chairman Nate Woody, PZC Chairman Scott Johnson, Parks & Recreation Director Steve Masalin, Director of Public Works Page 277 of 301

278 Grant Request Form Instructions: All grant applications and gifted or forfeiture items must be approved by Town Council. Complete this form in full by typing in the green sections. If a section does not apply, type "N/A." Save to PDF before attaching to Legislative File for Town Council consideration. 1 Requestor Elizabeth Burdick Date 7/29/ Dept/Commission/Board Planning Department 3 Grant Name "Ledyard Community Green Improvement Project (or similar name tbd)" 4 Is grant for construction, items, or services? 5 Type of Grant (State of CT, Federal, Private Foundation, Individual if combination, explain) State of Connecticut issued by State Bond Commission - STEAP (Small Town Economic Assistance) Grant Town Match Amount: $ or % 7 Town Match Source TBD Town Funds 8 Town In-Kind Match -- Explain how in-kind requirements will be met. The funding for the entire project shall be secured before submittal. If the project is chosen to be funded, it will be assigned to a state agency and the Town Match will be dtermined at that time. For example, a previous 2008 STEAP Grant received by the Town for Town Green/Fairground improvements in the amount of $150,000 and the Town Match was $25,000 (about 17%). Cost estimates should be completed by 7/31/20. 9 Reason for applying for grant? How will this grant help your department? The Town? The Town, through the Parks & Recreation Dept. & Public Works Dept. have commenced improvements to the "Town Green" property consisting of a 7.03 acre portion of the former Ledyard Center School property retained by the Town. Proposed improvements (bathrooms, building repairs, bandstand, parklet, walking path, play areas) will 10 Estimate of short- and long-term costs (maintenance, repair, operating, replacement): TBD 11 Forfeiture Item -- if this is a request to retain an item taken in a forfeiture, explain value of item; short- and longterm costs such as maintenance, repair, replacement; and reasons to keep item. N/A 12 Gifted Item -- if this is an item intended to be gifted to the Town, explain value of item; short- and long-term costs such as maintenance, repair, replacement; and reasons to keep item. N/A 13 Other comments Application deadline is August 14, Page 278 of 301

279 Marked Stonedust Trail 16 New Parking Spaces New Play Structures (Ages 2-5 and 5-12) Holiday Tree with Lights Morgan Barn New Siding New Restrooms New Roof Parking Area 175 Spaces Pole Barn New Metal Roof Replace 15 Posts New Lights with Bollards Surrounding Wood Rail Parking for Walking Trail and Playground Benches SO S W W O D H Play Structure 5-12 Y Wetland Line 100' Upland Review Area New Flag Pole - 40'H 3' 2' 6' " " '6 3' 5' 5' " 7' 1'- 4" 2' 8' 8' 8' 4' 7'6 " -6 4' " 4' 16 RT 117 a oni Col Play Structure CO NC RE TE SID S EW AL K way igh dh r dya l Le Portable Stage on Existing Pavement Picnic Area Hillside Seating Gazebo with Benches Holdridge Pavilion New Metal Roof Sleeve and Waterproof all Posts Picnic Tables Screened Trash Enclosure Hillside Seating Gazebo Schematic Concepts LEDYARD TOWN GREEN COMMUNITY FACILITY, LEDYARD, CT August, Page 279 of 301

280 DRAFT: 7/29/2020 MUNICIPAL CERTIFICATION OF RESOLUTION SMALL TOWN ECONOMIC ASSISTANCE PROGRAM ~STEAP 2020 ~ LEDYARD COMMUNITY GREEN IMPROVEMENT PROJECT I, Patricia A. Riley, Town Clerk of the Town of Ledyard, a municipality organized and existing under the laws of the State of Connecticut, hereby certify that the following is a true copy of the resolution adopted at the Representative Town Meeting of said municipality at the Special Meeting held on August 5, 2020 ****************************************************************************** RESOLVED, that Mayor Fredrick B. Allyn, III, be, and hereby is, authorized to accept on behalf of the Town of Ledyard, a 2020 Connecticut STEAP Grant in the amount of $ for a Ledyard Community Green Improvement Project; 728 Colonel Ledyard Highway, Ledyard, Connecticut; and FURTHER RESOLVED, that Mayor Fredrick B. Allyn, III, is hereby authorized to enter into and execute any and all agreements, contracts and documents necessary to obtain said 2020 STEAP Grant with the State of Connecticut. ****************************************************************************** I DO FURTHER CERTIFY that the above resolution has in no way been altered, amended or revoked, and is in full force and effect. AND I DO FURTHER CERTIFY that Mayor Fredrick B. Allyn, III is the Mayor f the Town of Ledyard, and has been since May 7, IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Town of Ledyard this day of, Patricia A. Riley, Town Clerk Town of Ledyard LD/rm Authorizing Resolution of the of the Ledyard Town Council State of Connecticut Department of Emergency Services and Public Protection, Division of Emergency Management and Homeland Security Submitted to T. Clerk s Office on: 7/23/2020 Page 280 of 301

281 TOWN OF LEDYARD Department of Land Use and Planning Elizabeth J. Burdick, Director 741 Colonel Ledyard Highway, Ledyard, CT Telephone: (860) , Fax: (860) MEMORANDUM DATE: July 29, 2020 TO: Roxanne Maher, Administrative Assistant to Ledyard Town Council FROM: Liz Burdick, Director Land of Use & Planning RE: Ledyard Town Council/Finance/LUPPW Meetings 8/3/20 & 8/5/20 Agenda Action Item STEAP 2020 Grant Proposal Dear Roxanne: I would greatly appreciate it if you would add the following Agenda Action Item to the LUPPW Committee meeting on 8/3/20, the Finance Committee meeting on 8/5/20 and the Town Council meeting on 8/5/20 as follows: MOTION to authorize the Mayor to submit a STEAP 2020 Grant Application in an amount to be determined for Ledyard Community Green Improvement Project (or similar name tbd) located at 728 Colonel Ledyard Highway, Ledyard, CT; And that the Parks & Recreation Commission shall review and approve the Conceptual Plan to be submitted as part of the Application; And, if funding is approved, Town Council approval will be requested for funding the Town match when that amount is known before any contract is signed & the project is commenced. A copy of the Grant Request Form, STEAP 2020 Program Guidelines & Application are attached hereto. Conceptual plans & costs estimates are expected to be completed on Friday, July 31, 2020 for posting on Monday, August 3, Please contact me with questions. Thank you. C: Linda Davis, Town Council Chairman Fred B. Allyn III, Mayor Bill Saums, Finance Committee Chairman Kevin Dombrowski, LUPPW Chairman Nate Woody, PZC Chairman Scott Johnson, Parks & Recreation Director Steve Masalin, Director of Public Works Page 281 of 301

282 Grant Request Form Instructions: All grant applications and gifted or forfeiture items must be approved by Town Council. Complete this form in full by typing in the green sections. If a section does not apply, type "N/A." Save to PDF before attaching to Legislative File for Town Council consideration. 1 Requestor Elizabeth Burdick Date 7/29/ Dept/Commission/Board Planning Department 3 Grant Name "Ledyard Community Green Improvement Project (or similar name tbd)" 4 Is grant for construction, items, or services? 5 Type of Grant (State of CT, Federal, Private Foundation, Individual if combination, explain) State of Connecticut issued by State Bond Commission - STEAP (Small Town Economic Assistance) Grant Town Match Amount: $ or % 7 Town Match Source TBD Town Funds 8 Town In-Kind Match -- Explain how in-kind requirements will be met. The funding for the entire project shall be secured before submittal. If the project is chosen to be funded, it will be assigned to a state agency and the Town Match will be dtermined at that time. For example, a previous 2008 STEAP Grant received by the Town for Town Green/Fairground improvements in the amount of $150,000 and the Town Match was $25,000 (about 17%). Cost estimates should be completed by 7/31/20. 9 Reason for applying for grant? How will this grant help your department? The Town? The Town, through the Parks & Recreation Dept. & Public Works Dept. have commenced improvements to the "Town Green" property consisting of a 7.03 acre portion of the former Ledyard Center School property retained by the Town. Proposed improvements (bathrooms, building repairs, bandstand, parklet, walking path, play areas) will 10 Estimate of short- and long-term costs (maintenance, repair, operating, replacement): TBD 11 Forfeiture Item -- if this is a request to retain an item taken in a forfeiture, explain value of item; short- and longterm costs such as maintenance, repair, replacement; and reasons to keep item. N/A 12 Gifted Item -- if this is an item intended to be gifted to the Town, explain value of item; short- and long-term costs such as maintenance, repair, replacement; and reasons to keep item. N/A 13 Other comments Application deadline is August 14, Page 282 of 301

283 Marked Stonedust Trail 16 New Parking Spaces New Play Structures (Ages 2-5 and 5-12) Holiday Tree with Lights Morgan Barn New Siding New Restrooms New Roof Parking Area 175 Spaces Pole Barn New Metal Roof Replace 15 Posts New Lights with Bollards Surrounding Wood Rail Parking for Walking Trail and Playground Benches SO S W W O D H Play Structure 5-12 Y Wetland Line 100' Upland Review Area New Flag Pole - 40'H 3' 2' 6' " " '6 3' 5' 5' " 7' 1'- 4" 2' 8' 8' 8' 4' 7'6 " -6 4' " 4' 16 RT 117 a oni Col Play Structure CO NC RE TE SID S EW AL K way igh dh r dya l Le Portable Stage on Existing Pavement Picnic Area Hillside Seating Gazebo with Benches Holdridge Pavilion New Metal Roof Sleeve and Waterproof all Posts Picnic Tables Screened Trash Enclosure Hillside Seating Gazebo Schematic Concepts LEDYARD TOWN GREEN COMMUNITY FACILITY, LEDYARD, CT August, Page 283 of 301

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292 DOCKET NO.: HHD-CV S : SUPERIOR COURT THIRD GARDEN PARK, LP : J. D. OF HARTFORD V. : AT HARTFORD LEDYARD ZONING COMMISSION : MARCH, 2020 MODIFICATION TO STIPULATED JUDGEMENT 1. By letter dated September 11, 2019, from Attorney Mark Branse representing the Third Garden Park LP (the Plaintiff ), to Nate Woody, Chairman of the Ledyard Planning and Zoning Commission (the Defendant Commission ), the Plaintiff requested modifications (the Proposed Modifications ) to the Stipulated Judgement between the parties dated June 18, 2013 and attached hereto as Exhibit A (the Stipulated Judgement ). 2. The Proposed Modifications were to eliminate the requirement in Paragraph 21 in the Stipulated Judgement that all buildings have a 5/12 pitch; reduce the density permitted in Paragraph 22 from 120 units to 85 units; and give up the right to locate any more triplex or duplex units by deleting all references to such units in Paragraphs 22 through 27, 32, 37 and On November 14, 2019, the Defendant Commission held a public hearing on the Proposed Modifications. The hearing was continued to December 12, On December 12, 2019, the Defendant Commission held the continued public hearing, which was closed that night. Following the close of the public hearing, the Defendant Commission commenced deliberations on the Proposed Modifications. By vote taken at that meeting, the Defendant Commission approved the Proposed Modifications and imposed 7 conditions of approval. The Defendant Commission directed the town attorney and the Plaintiff s attorney to prepare a modification to the Stipulated Judgement incorporating the Proposed Modifications as well as the 7 conditions of approval. 5. As approved and directed by the Defendant Commission, this modification to the Stipulated Judgement (the Modification ) modifies the Stipulated Judgement to incorporate the Proposed Modifications as well as the 7 conditions of approval. 6. Paragraph 21 of the Stipulated Judgement shall be modified to read as follows: All New Buildings installed after the date of this Modification (the New Buildings ) to be located on the Property shall have a minimum 3/12 roof pitch but no other reductions in exterior quality compared to the 5/12 roof-pitched units. 7. Paragraph 22 of the Stipulated Judgement shall be modified to read as follows: There shall be a maximum of 80 residential buildings and 85 units. No new duplex or triplex Page 292 of 301

293 buildings shall be permitted on the Property. Three duplex buildings and one triplex building existing on the Property at the time of this Modification shall be permitted to remain as conforming uses. 8. Paragraph 23 of the Stipulated Judgement shall be modified to read as follows: All New Buildings shall have eaves and gutters, comparable to existing units (except for 17 Cliff Road); all New Buildings shall have landscaping comparable to existing units; all New Buildings shall have sheds comparable to existing units of at least 64 sq. ft.; all New Buildings shall have half porches if the short side of the unit faces the street; and all New Buildings shall have siding (not skirting) to the ground, comparable to existing units. 9. Paragraph 24 of the Stipulated Judgement shall be modified to read as follows: The unit at 17 Cliff Road shall be landscaped comparable to other units no later than June 1, 2020, and shall have a minimum 64 sq. ft. shed located upon it no later than June 1, 2020, said obligation to be secured by a cash bond in the amount of $5, Paragraph 25 of the Stipulated Judgement shall be modified to read as follows: The Plaintiff shall plant additional evergreen landscaping generally along the dotted line of the plan attached hereto as Exhibit B, not to form a visual barrier but rather to enhance landscaping between the existing developed lots and the new units. The landscaping plan shall be subject to review and approval by the Town Planner and installed prior to the issuance of the next zoning permit for a unit, weather permitting. The landscaping shown in Exhibit B shall serve as a modification to the landscaping plans (sheets 14 and 15) of the original site plans dated March 1999 (the Original Site Plans ). 11. Paragraphs 26, 27, 37 and 38 of the Stipulated Judgement shall be modified to read as follows: This paragraph intentionally left blank. 12. Paragraph 32 of the Stipulated Judgement shall be modified to read as follows: The parking requirements of Regulation Section 10.3(A)(1), of two (2) on-site parking spaces per dwelling, shall remain applicable to single family dwellings. Tandem (double-depth) spaces are permitted where appropriate and shall count as two (2) parking spaces. Contrary to Regulation Section 10.3(A)(1), up to 20% of buildings may have required parking in a driveway (single- or double-width) in front of the home as illustrated on the Site Plan. 13. The Plaintiff shall complete development of the RV parking lot as specified in the Original Site Plans prior to the addition of any New Buildings. 14. Front yard parking currently serving the duplex units at 2, 4 and 6 Rockledge Court shall be modified to be in the rear or side yards of the referenced units, if possible, as determined by the town planner and Plaintiff. 15. All New Buildings shall contain per unit landscaping, lighting and any other per unit infrastructure designated on the Original Site Plans. Page 293 of 301

294 Mark K. Branse, Esq. Attorney for the Plaintiff, Third Garden Park, LP Carl Landolina, Esq. Attorney for the Defendant, Ledyard Planning & Zoning Commission v.1 Page 294 of 301

295 Chairperson Nate Woody TOWN OF LEDYARD CONNECTICUT PLANNING & ZONING COMMISSION REGULAR MEETING ~ MINUTES~ 741 Colonel Ledyard Highway Ledyard, CT Thursday, July 9, :00 PM WEBEX REMOTE MEETING I. CALL TO ORDER The Meeting of the Ledyard Planning & Zoning Commission was called to order at 7:00 PM. II. III. PLEDGE OF ALLEGIANCE ROLL CALL AND APPOINTMENT OF ALTERNATES Alternate Commissioner Evans will be seated for Commissioner Baudro. Attendee Name Title Status Arrived Nate Woody Chairman Present Jeffery Kulo Vice-Chairman Present Tom Baudro Commissioner Present Marty Wood Secretary Present Mike Cherry Commissioner Present Hilary Evans Alternate Member Present Ernest Disco Alternate Member Excused M. Katie Scanlon Alternate Member Present Elizabeth Burdick Director of Land Use & Planning Present Kyle Faulise Zoning Official Present IV. APPROVAL OF ADDITIONS TO AND/OR CHANGES TO THE ORDER OF THE AGENDA Old Business & New Business agenda order will be swapped. V. CITIZENS PETITIONS (LIMITED TO NON-AGENDA ITEMS) Chairman Woody made statements regarding regulations around signs & sign enforcement. There have been a number of cases of signs being removed and this needs to be addressed. 1. Temporary signs for events in town. Rules are in the Zoning Regulations: signs can be placed about a week before the event and need to be taken down about a week after the event. They need to be free-standing and they cannot be attached to poles, street signs, etc., and the Land Use Office needs to be provided a list as to where the signs will be placed with dates they will be put up and taken down. 2. First Amendment Sign: a. Does not advertise a product or event but can say just about anything else. These signs are legal and limited on your own private property, essentially without restriction. Planning & Zoning Commission Page 1 Printed 8/3/2020 Page 295 of 301

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