As used in these regulations, the following terms shall have
the meanings indicated:
AGENCY
The Norwalk Conservation Commission.
ALLUVIAL SOIL
Soil consisting of sand, silt or clay, deposited on land
by streams.
AQUIC SOIL MOISTURE REGIME
The root zone of a soil (upper 30 inches) that is saturated,
anaerobic and the capillary fringe reaches the surface for a length
of time during the growing season.
BOG
A poorly drained acidic area containing an accumulation of
organic material and characterized by an association of plants recognized
as bog species, listed in the booklet titled "Inland Wetland Plants
of Connecticut," May 1973.
BUFFER
The area between the wetland and/or watercourse and the closest
area of activity or disturbance.
CLEAR CUTTING
The harvest of timber products in a fashion which removes
all species of trees down to a two-inch diameter at breast height.
CONTINUAL FLOW
A flow of water which persists for an extended period of
time. This flow may be interrupted during periods of drought or during
the low flow period of the annual hydrological cycle, June through
September, but it recurs in prolonged succession.
DEPOSIT
Includes, but shall not be limited to, fill, grade, dump,
place, discharge or emit.
DESIGNATED AGENT
Individual(s) designated by the Agency to carry out its functions
and purposes.
DISCHARGE
The emission of any water substances or material into watercourses
or wetlands, whether or not such substance causes pollution.
FARMING
The use of any tract of land for growing crops, raising livestock
or other agricultural purposes.
FEASIBLE
The ability to be constructed or implemented consistent with
sound engineering principles.
GARDENING
The tilling of soil and the planting, cultivating and harvesting
of vegetable matter.
GRAZING
Using any tract of land to feed or supply farm animals with
grass or pasture, to tend farm animals or to feed or grow silage and
herbage.
HARVESTING OF CROPS
The gathering of plants or animals or plant or animal products
which have been grown to be harvested.
MANAGEMENT PRACTICES
A practice, procedure, activity, structure or facility designed
to prevent pollution or other environmental damage or to maintain
or enhance existing environmental quality. Such management practices
include, but are not limited to: erosion and sedimentation controls,
restrictions on land use or development, construction setbacks from
wetlands or watercourses, proper disposal of waste materials, procedures
for equipment maintenance to prevent fuel spillage, construction methods
to prevent flooding or disturbance of wetlands or watercourses, procedures
for maintaining continuous stream flows, confining construction that
must take place in watercourses to times when water flows are low
and fish and wildlife will not be adversely affected.
MARSH
An area normally covered with shallow water, subject to seasonal
variations, that contains an association of herbaceous, soft-stemmed
plants as marsh vegetation. Typical examples of marsh species are
listed in the booklet titled "Inland Wetland Plants of Connecticut,"
May 1973.
MATERIAL
Any substance, solid or liquid, organic or inorganic, including,
but not limited to: soil, sediment, aggregate, land, gravel, clay,
bog, peat, mud, debris, sand, refuse or waste.
NURSERIES
Land used for propagating trees, shrubs or other plants for
transplanting, sale or for use as stock for grafting.
PERMIT
The whole or any part of any license, certificate or approval
or similar form of permission which may be required of any person
by the provisions of these regulations under the authority of the
Inland Wetlands Agency.
PERMITTEE
The person to whom such permit has been issued.
PERSON
Any person, firm, partnership, association, corporation,
company, organization or legal entity of any kind, including municipal
corporations, government agencies or subdivisions thereof.
POLLUTION
The contamination or rendering unclean or impure of, or harmful
thermal effect on, any watercourses or wetlands by reason of any waste
or other materials discharged or deposited therein by any public or
private sewer or otherwise so as to come in contact with any waters,
directly or indirectly. This includes, but is not limited to, erosion
and sedimentation or turbidity resulting from any filling, land clearing
or excavation activity.
POORLY DRAINED SOIL
Soils wherein water is removed so slowly that the soil is
saturated periodically during the growing season or remains wet for
long periods. Poor drainage results from a high water table, a slowly
pervious layer within the profile, seepage, nearly continuous rainfall
or a combination of these.
PRUDENT
Economical and otherwise reasonable in light of the social
benefits to be derived from the proposed regulated activity, provided
that cost may be considered in deciding what is prudent and further,
provided, that a mere showing of expense will not necessarily mean
an alternative is imprudent.
REGULATED ACTIVITY
Any operation within or use of a wetland or watercourse involving removal or deposition of material or any obstruction, construction, alteration or pollution of such wetland or watercourse, but shall not include the activities specified in §
60A-4 of these regulations. Regulated activity shall also include activity(ies) in nonwetland areas, such as (but not limited to) clear cutting, land clearing, soil disturbance, regrading of land or construction of buildings, which may have the effect of increasing or decreasing drainage or increasing sedimentation or erosion or causing discharge, deposition within or pollution to the wetland or watercourse.
REGULATED AREA
Any inland wetlands or watercourses as defined in these regulations.
REMOVE
Includes, but shall not be limited to, drain, excavate, mine,
dig, dredge, suck, grub, clear cut, bulldoze, dragline or blast.
RENDERING UNCLEAN OR IMPURE
Any undesirable alteration of the physical, chemical or biological
properties of any watercourses or wetlands, including, but not limited
to, change in color, odor, turbidity or taste.
SIGNIFICANT ACTIVITY, IMPACT OR MAJOR EFFECT
Including but not limited to:
A.
Any activity involving a deposition of material which will or
may have a substantial adverse affect on the regulated area or on
another part of the inland wetland or watercourse system.
B.
Any activity involving a removal of material which will or may
have a substantial adverse effect on the regulated area or on another
part of the inland wetland or watercourse system.
C.
Any activity which substantially changes the natural channel
or may inhibit the natural dynamics of a watercourse system.
D.
Any activity which substantially diminishes the natural capacity
of an inland wetland or watercourse to support desirable plant or
animal life, prevent flooding, supply water, assimilate waste, facilitate
drainage and/or provide recreation and open space.
E.
Any activity which causes a substantial diminution of flow of
a natural watercourse or groundwater levels of the regulated area.
F.
Any activity which creates hydrological conditions which may
adversely affect the health, welfare and safety of any individual
or the community.
G.
Any activity which destroys unique wetland or watercourse areas
having demonstrable scientific or educational value.
H.
Any activity which causes or has the potential to cause pollution
of a wetland or watercourse.
SOIL SCIENTIST
An individual duly qualified in accordance with standards
set by the Federal Office of Personnel Management.
SUBMERGED LANDS
Those lands which are inundated by water on a seasonal or
more frequent basis.
SWAMP
An area with a water table at or near the surface of the
ground throughout most of the year and containing vegetation dominated
by an association of trees and/or shrubs recognized as swamp species.
Typical examples of swamp species are listed in the booklet titled
"Inland Wetland Plants of Connecticut," May 1973.
VERY POORLY DRAINED SOIL
Soils wherein water is removed from the soil so slowly that
free water remains at or on the surface during most of the growing
season. Very poorly drained soils are commonly level or depressed
and are frequently ponded. Where rainfall is high and nearly continuous,
very poorly drained soils can have moderate or high slope gradients.
WASTE
Sewage or any liquid, gaseous, solid or radioactive substance
which may pollute any of the watercourses or wetlands.
WATERCOURSE
Rivers, streams, brooks, waterways, lakes, ponds, marshes,
swamps, bogs and all other bodies of water, natural or artificial,
vernal or intermittent, public or private, which are contained within,
flow through or border upon the City of Norwalk or any portion thereof,
not regulated pursuant to Sections 22a-28 through 22a-35 of the Connecticut
General Statutes (the Tidal Wetlands Act), as amended. An intermittent
watercourse shall be delineated by a defined permanent channel and
bank and the occurrence of two or more of the following characteristics:
A.
Evidence of scour or deposits of recent alluvium or detritus;
B.
The presence of standing or flowing water for a duration longer
than a particular storm incident; and
C.
The presence of hydrophytic vegetation.
WETLANDS
Land, including submerged land, not regulated pursuant to
Sections 22a-28 through 22a-35, inclusive, of the Connecticut General
Statutes (the Tidal Wetlands Act), as amended, which consists of any
of the soil types designated as poorly drained, very poorly drained,
alluvial and floodplain by the National Cooperative Soils Survey,
as it may be amended from time to time, of the Natural Resources Conservation
Service of the United States Department of Agriculture (USDA). Such
areas may include filled, graded or excavated sites which possess
an aquic (saturated) soil moisture regime as defined by the USDA Cooperative
Soil Survey.
[Amended 4-27-2004, effective 5-1-2004]
A. Upon the issuance of a permit and prior to the initiation of any
on-site permit-related activity, the applicant may, at the discretion
of the Agency, be required to file a bond with such surety and in
such an amount and form approved by the Agency. The amount of the
bond shall be based on an estimate of the costs of proposed mitigation
and/or improvements within the regulated area, or the applicant may
be required to provide an itemized estimate of the costs of proposed
mitigation and/or improvements within the regulated area to enable
the Agency to determine the amount of the bond. The Agency reserves
the right to seek additional expert opinion regarding the estimated
costs of improvements.
B. The release or reduction of the bond shall be conditioned on compliance
with all provisions of these regulations and the terms, conditions
and limitations established in the permit.
C. Release or reduction of any bond monies will require, at a minimum,
a letter to the Agency affirming completion of the approved project.
The bond shall remain in full force and effect until such time as
the Agency makes a formal finding that the work to be accomplished
as required by the permit has been satisfactorily completed.
D. In requiring a bond, the Agency reserves the right to use all or
portions of the posted bond to respond to emergencies associated with
the protection of regulated areas or implement conditions of the permit
as specified in the permit resolution. If the Agency makes a finding
that the work has not been accomplished as required by the permit,
the bond shall be forfeited in its entirety and the funds shall be
paid over to the City of Norwalk. In such situations, other than emergencies,
the Agency shall notify the applicant of its intent to use the bond
10 days prior.
E. The Agency may require the applicant to certify that it has public
insurance against liability which might result from the proposed operation
or use of the wetlands or watercourses covering any and all damage
which might occur within two years of completion of such operations,
in an amount commensurate with the regulated activity.
Nothing in these regulations shall obviate the requirements
for the applicant to obtain any other assents, permits or licenses
required by law or regulation of the City of Norwalk, State of Connecticut
or government of the United States or any political subdivision thereof,
including any approval required by the Connecticut Department of Environmental
Protection and the United States Army Corps of Engineers. Obtaining
such assents, permits or licenses is solely the responsibility of
the applicant.