[HISTORY: Adopted by the Town Council of
the Town of Mansfield 1-14-1974, effective 2-8-1974. Amendments noted where applicable.]
GENERAL REFERENCES
Conservation Commission — See Ch. 11.
Planning and Zoning Commission — See Ch. 67.
Regional Council of Governments — See Ch. 80.
Zoning Board of Appeals — See Ch. 94.
Building construction — See Ch. 107.
Scenic roads — See Ch. 155.
Sewers and water — See Ch. 159.
Storage tanks — See Ch. 163.
Streets and sidewalks — See Ch. 166.
Solid waste regulations — See Ch. A196.
Town facilities — See Ch. A197.
This chapter shall be known and may be cited
as the "Wetlands Ordinance."
The purpose of this chapter is to protect the
citizens of the Town by making provisions for the protection, preservation,
maintenance and use of the inland wetlands and watercourses by minimizing
their disturbance and pollution; maintaining and improving water quality
in accordance with the highest standards set by federal, state or
local authority; preventing damage from erosion, turbidity or siltation;
preventing loss of fish and other beneficial aquatic organisms, wildlife
and vegetation and the destruction of the natural habitats thereof;
deterring and inhibiting the danger of flood and pollution; protecting
the quality of wetlands and watercourses for their conservation, economic,
aesthetic, recreational and other public and private uses and values;
and protecting the Town's potable fresh water supplies from the dangers
of drought, overdraft, pollution, misuse and mismanagement by providing
an orderly process to balance the need for the economic growth of
the Town and the use of its land with the need to protect its environment
and ecology in order to forever guarantee to the people of the Town
the safety of such natural resources for their benefit and enjoyment
and for the benefit and enjoyment of generations yet unborn.
Pursuant to the provisions of Public Act 155
of 1972,[1] and Public Act 73-571, the Mansfield Planning and Zoning
Commission is hereby designated as the "Inland Wetlands Agency" of
the Town of Mansfield.
A.
The Inland Wetlands Agency is hereby authorized to
promulgate such regulations in conformity with regulations promulgated
by the Commissioner of Environmental Protection, as are necessary
to protect the inland wetlands and watercourses within the territorial
limits of the Town, as defined by said Public Act 155, and Public
Act 73-571, and any amendments thereto.
B.
Said Inland Wetlands Agency shall not enact any regulations,
or amendments to existing regulations, or establish any boundaries
of inland wetland areas until after a public hearing is held in relation
thereto by said Agency, at which parties in interest and citizens
shall have an opportunity to be heard. Notice of the time and place
of such hearing shall be published in the form of a legal advertisement,
in a newspaper having a substantial circulation in the Town of Mansfield,
at least twice, at intervals of not less than two days, the first
not more than 25 days nor less than 15 days, and the last not less
than two days before such hearing. A copy of such proposed regulation
or boundary, or any amendments thereto, shall be filed in the office
of the Town Clerk for public inspection at least 10 days before such
hearing. A copy of such proposed regulation or boundary, or amendments
thereto, shall also be submitted to the Conservation Commission and
to the Town Council for review at least 15 days before such hearing,
but failure to receive a written reply from the Conservation Commission
or from the Town Council shall not delay the public hearing or any
decision of the Inland Wetlands Agency concerning the proposed regulation
or boundary, or amendments thereto. Regulations or boundaries, or
any amendments thereto, enacted by the Inland Wetlands Agency shall
become effective at such time as is fixed by said Inland Wetlands
Agency, provided that a copy of such regulation or boundary, or amendment
thereto, is filed in the office of the Town Clerk.
C.
Petitions may be submitted to the Inland Wetlands Agency, in writing, and in a form prescribed by said Inland Wetlands Agency, requesting a change in the regulations, or in the boundaries of the inland wetlands area, which petitions shall be considered at a public hearing within 90 days after receipt of such petition; which public hearing shall be held in the manner provided in Subsection B above.
D.
All regulations, boundaries and amendments thereto,
enacted by said Inland Wetlands Agency, shall be submitted to the
Commissioner of the Department of Environmental Protection, within
10 days of their effective date, to determine their conformity with
the Inland Wetlands and Watercourses Regulations of the Connecticut
Department of Environmental Protection and any amendments thereto.
E.
The Inland Wetlands Agency may establish filing fees
to be deposited with said Agency to defray the cost of publication
of the notice required for a public hearing.
[1]
Editor's Note: See C.G.S. § 22a-42.
In exercising the authority granted herein,
the Inland Wetlands Agency shall:
A.
Develop comprehensive programs in furtherance of the
purposes of this chapter.
B.
Advise, consult and cooperate with agencies of the
Town, state, the federal government, other states and with persons
and municipalities in furtherance of the purpose of this chapter.
C.
Encourage, participate in or conduct studies, investigations,
research and demonstrations, and collect and disseminate information
relating to the purpose of this chapter.
D.
Retain and employ consultants and assistants on a
contract or other basis for rendering legal, financial, technical
or other assistance and advice in furtherance of any of its purposes,
specifically including but not limited to soil scientists on a cost-sharing
basis with the United States Soil Conservation Service for the purpose
of completing the state soils survey and making on-site interpretations,
evaluations and findings as to soil types.
E.
Promulgate such regulations as are necessary to protect
the wetlands and watercourses or any of them individually or collectively.
F.
Inventory or index the wetlands and watercourses in
such form, including pictorial representations, as the Inland Wetlands
Agency deems best suited to effectuate the purposes of this chapter.
G.
Exercise all incidental powers necessary to enforce
regulations and to carry out the purposes of this chapter.
Any person aggrieved by a decision of the Town,
acting through the Inland Wetlands Agency, shall have the right to
appeal provided by Public Act 73-571, as amended from time to time.[1]
[1]
Editor's Note: See C.G.S. 22a-43.
[Amended 2-26-2018, effective
3-24-2018]
A.
Purpose. The purpose of this section shall be to encourage compliance
with the Mansfield Inland Wetlands and Watercourses Regulations and
to discourage violators from engaging in additional violations by
increasing the penalties for such additional violations.
B.
Issuance of citations.
(1)
Pursuant to the authority vested in municipalities under Connecticut
General Statutes § 22a - 42g, as amended, any person authorized
by the Inland Wetlands Agency of the Town of Mansfield may issue a
citation for any violation of Mansfield's Inland Wetlands and
Watercourses Regulations in the manner provided by this section. Any
person so authorized shall be designated a Wetlands Citation Officer.
(2)
The Town shall maintain copies of all citations issued pursuant to
this section for a period of no less than 10 years after the dates
of issuance of the respective citations. The copies shall be indexed
by street address/location of where the violation occurred and the
citation was issued. Within 10 days after the final results of each
citation, by payment of the specified fine or by a final decision
on any appeal taken pursuant to the provisions of this section, a
note shall be placed in the file on, or together with, the relevant
citation, indicating the nature of the final disposition. If no appeal
is taken of a citation issued pursuant to this section, but the specified
fine is not paid, a note to that effect shall be placed in the file
on, or together with, the relevant citation.
(3)
Any such citation shall be issued by both regular mail and by certified
mail, return receipt requested.
(4)
Any person, partnership, corporation, company and/or association
receiving such a citation shall be allowed a period of 30 days from
his or her receipt of the citation to make an uncontested payment
of the fine to the Town. The day of receipt of the citation shall
be considered three business days after the date of mailing the citation.
(5)
If a person, partnership, corporation, company and/or association who has been issued a citation does not make uncontested payment of the fine specified in the citation to the Town within the time allowed under Subsection B(4) of this section, the Wetlands Citation Officer shall send a notice to the person cited, informing such person anew:
(a)
Of the allegations against him or her and the amount of the
fine(s); and
(b)
That the person cited may contest liability before a hearing officer appointed by the Town Council, as provided in Subsection C of this section, by delivering to the Wetlands Citation Officer, care of the Inland Wetlands Agency, in person or by certified mail, return receipt requested, within 10 days of the date of the notice, a written demand for a hearing;
(c)
That if the person cited does not demand such a hearing, an
assessment and judgment shall be entered against him or her; and
(d)
That such judgment may issue without further notice.
(6)
If the person, partnership, corporation, company and/or association who is sent notice pursuant to Subsection B(5) of this section wishes to admit liability for any alleged violation, he, she or it may, without requesting a hearing, pay the full amount of the fine, either in person or by mail, to the Town. Any person, partnership, corporation, company or association who does not deliver or mail a written demand for a hearing within 10 days of the date of the notice described in Subsection B(5) of this section shall be deemed to have admitted liability, and the Wetlands Citation Officer shall certify to the hearing officer that such person, partnership, corporation, company or association has failed to respond. The hearing officer shall thereupon enter and assess the fine provided for by this section and shall follow the procedures set forth in Subsection E(1) of this section.
C.
Citation appeal and hearing procedures. Any person, partnership, corporation, company and/or association fined pursuant to this article may appeal such fine pursuant to the provisions of the Town of Mansfield hearing procedure for citations, set forth in Chapter 129 of the Code of the Town of Mansfield.
D.
Exemptions. Notwithstanding the foregoing, pursuant to § 22a
- 42g, no fine shall be levied against the State of Connecticut or
any employee thereof acting within the scope of his or her employment.
Likewise, no fine shall be levied against the Town or any employee
thereof acting within the scope of his or her employment.
E.
Schedule of fines.
(1)
The amount of the fine specified in any citation shall be based upon
the presence or risk of significant impact on wetlands or watercourses
associated with the violation and the number of citations issued to
the same person during the 10 years immediately prior to the date
of the citation being issued.
(2)
The schedule of fines shall be as follows:
|
First Offense
| ||
|
Upland Review Area
|
In Wetland/Watercourse
| |
|
No Significant Impact
|
$100
|
$250
|
|
Significant Impact
|
$250
|
$400
|
|
Second Offense
| ||
|
Upland Review Area
|
In Wetland/Watercourse
| |
|
No Significant Impact
|
$250
|
$400
|
|
Significant Impact
|
$400
|
$700
|
|
Third Offense
| ||
|
Upland Review Area
|
In Wetland/Watercourse
| |
|
No Significant Impact
|
$400
|
$700
|
|
Significant Impact
|
$700
|
$1,000
|
