Town of North Branford, CT
New Haven County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Council of the Town of North Branford 10-23-1973 by Ord. No. 115. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning and Planning Commission — See Ch. 75.

§ 20-1 Establishment.

[Amended 6-20-1978 by Ord. No. 127; 9-19-1995 by Ord. No. 184]
Pursuant to the North Branford Town Charter, as amended, and Connecticut General Statutes, Sections 22a-36 to 22a-45 and Section 7-131a, the powers and duties of the Conservation Commission are hereby combined with the existing Inland Wetlands and Watercourses Agency, which shall be known as the "Conservation and Inland Wetlands and Watercourses Agency," hereinafter referred to as the "Agency."

§ 20-2 Organization; responsibilities.

[Amended 6-20-1978 by Ord. No. 127; 9-19-1995 by Ord. No. 184]
The Agency shall have all of the duties and responsibilities conferred on it, as provided for in the Connecticut General Statutes for Inland Wetlands and Watercourses Agencies and for Conservation Commissions.

§ 20-3 Membership.

[Amended 6-20-1978 by Ord. No. 127; 9-19-1995 by Ord. No. 184; 6-15-1999 by Ord. No. 217]
The Agency shall consist of five regular members and two alternate members appointed as follows:
A. 
One regular members and one alternate member from the regular or alternate members of the Planning and Zoning Commission.
B. 
Four public members and one alternate member, whose only qualifications shall be that each is an elector of the Town of North Branford.

§ 20-4 Appointment; compensation; disqualification.

[Amended 6-20-1978 by Ord. No. 127]
A. 
The regular and alternate members from the Planning and Zoning Commission shall be appointed by the Town Council upon written recommendation of the Planning and Zoning Commission. Such appointments shall be for a term of two years; provided, however, that the terms of office of members and alternate members of the Agency shall not exceed their remaining terms on the Planning and Zoning Commission. All members of the Agency may lawfully serve on the Agency until a successor has been appointed. Existing members of the current Inland Wetlands and Watercourses Agency shall continue in office for their existing terms.
[Amended 9-19-1995 by Ord. No. 184]
B. 
The members of the Agency appointed from the public shall be appointed by the Council initially for staggered terms as follows: the first appointee shall serve until December 31, 1979; the second appointee shall serve until December 31, 1980; and the third appointee shall serve until December 31, 1981. As each said initial staggered appointment expires, all public appointments thereafter shall be two-year terms.
C. 
All appointments to the Agency shall be made in conformance with Charter § C5-3, Minority Representation.
D. 
All members and alternate members of the Agency shall serve without compensation but shall be entitled to reimbursement for necessary expenses incurred in the performance of official duties.
E. 
No member or alternate member of the Agency shall participate in the hearing upon any matter in which he is directly or indirectly interested in a personal or financial sense. In the event of such disqualification, such fact shall be entered on the records of the Agency and an alternate shall act in place of such disqualified member in the hearing and determination of the particular matter or matters in which the disqualification arose.

§ 20-5 Removal.

The Council shall not remove a member of the Agency except for good cause and, upon request of such member, only after a public hearing. Failure to attend all meetings of the Agency for a period of three consecutive months, without due cause, shall constitute good cause for removal.

§ 20-6 Vacancies.

Any vacancy in the membership of the Agency which may result from the death, resignation or removal of a member or alternate member or from any other cause shall be filled for the unexpired term of such member or alternate member by the Council. Vacancies created by the death, resignation or removal of a member shall be filled by another member or alternate member of the same Commission.

§ 20-7 Powers and duties.

The Agency shall have all of the rights and powers and be subject to all of the duties and obligations as set forth in the Act, and in exercising the authority granted in the Act and in this chapter the Agency shall:
A. 
Develop comprehensive programs in furtherance of the purposes of this chapter.
B. 
Advise, consult and cooperate with agencies of the municipality, region, state and federal government, other states and with persons and municipalities in the furtherance of the purposes of this chapter. To this end, all applications for building permits, subdivision plans or other permits which involve or may involve regulated activities in an inland wetland or watercourse made to any other North Branford board or commission shall be subject to review by the Agency.
C. 
Encourage, participate in or conduct studies, investigations, research and demonstrations and collect and disseminate information relating to the purposes of this chapter.
D. 
Retain and employ consultants and assistants on a contract or other basis for the purpose of rendering legal, financial, technical or other assistance and advice in furtherance of any of its purposes, specifically including but not limited to soil scientists of the United States Soil Conservation Service for the purpose of making on-site interpretations, evaluations and findings as to soil types and/or utilize the services of such other town officials and employees as it may deem appropriate.
E. 
Promulgate such regulations as are necessary to protect the inland wetlands and watercourses or any of them, individually or collectively.
F. 
Inventory or index natural resources, open space areas, inland wetlands and watercourses in such form, including pictorial representations, and list plant species, as the Agency deems best suited to effectuate the purposes of this chapter.
[Amended 9-19-1995 by Ord. No. 184]
G. 
Formulate watershed management and drought management plans and prepare and/or update municipal open space plan.
[Amended 9-19-1995 by Ord. No. 184]
H. 
Exercise all other incidental powers necessary to enforce its regulations and to carry out the purposes of this chapter, including the designation of a compliance officer and administrator.
[Added 9-19-1995 by Ord. No. 184]

§ 20-8 Appeals.

[Amended 6-20-1978 by Ord. No. 127]
Any person aggrieved by a final decision of the town acting through the Agency shall have the right of appeal to the Superior Court for the County of New Haven or the judicial district in which the affected land is located, as provided by the Act.

§ 20-9 Violations and penalties.

Any person violating this chapter or regulations promulgated thereunder shall be subject to the remedies and penalties provided by the Act.

§ 20-10 Transition.

[Added 6-20-1978 by Ord. No. 127]
All members of the Agency on the effective date of Ordinance No. 127[1] shall continue to hold such office until such members' terms of appointment expire or until voluntary resignation, death or removal. Until such time as each member of the Agency has been appointed in accordance with §§ 20-3 and 20-4, as amended and altered by Ordinance No. 127, vacancies occurring in the Agency membership because of resignation, death or removal will not be filled for the balance of such unexpired term. All vacancies including expired terms will be filled from time to time as the same occur in accordance with said sections as amended and altered by said ordinance. Once a member has been initially appointed pursuant to said amended sections, should such member resign, die or be removed, the vacancy so created shall be filled as provided in § 20-6 above.
[1]
Editor's Note: The effective date of Ord. No. 127 is July 21, 1978.