Note: Copies of the inland wetlands and watercourses regulations
adopted on June 24, 1974, and as amended, which are continued in full
force and effect, may be obtained in a separate publication at the
Town Clerk's office.
[1]
Editor's Note: The Inland Wetlands and Watercourses Regulations,
adopted 6-24-1974, as amended, are available in the Town Clerk's office.
[Code 1961, § 13.04.01; Ord. No.
74-2, 3-4-1974]
There is hereby established and created a Commission on inland
wetlands and watercourses, pursuant to the authority granted in Section 22a-42
of the General Statutes.
[Code 1961, § 13.04.02; Ord. No.
74-2, 3-4-1974; Ord. No. 81-13, § 1, 9-8-1981; Ord. No. 86-8, § 1, 11-17-1986]
The Commission shall be composed of nine members and two alternates
to be appointed by the Town Council. At least one of said members
should have expertise in soil science or related areas.
[Code 1961, § 13.04.03; Ord. No.
74-2, 3-4-1974; Ord. No. 81-13, § 2, 9-8-1981; Ord. No. 86-3, § 1, 2-3-1986; Ord. No. 86-6, § 2, 11-17-1986]
Both the regular Commission members and alternates shall serve
a term of four years commencing on the first Monday of April of each
year. All members and alternate members currently serving in terms
to expire April, 1987, April, 1988, April, 1989, and April, 1991,
are reappointed to so serve until the expiration of their respective
terms. In the event no successor member or alternate member is appointed
on the expiration of any term, the term shall automatically be extended
until that member's or alternate member's successor is appointed and
qualified.
[Code 1961, § 13.04.04; Ord. No.
74-2, 3-4-1974]
The Town Council shall fill all vacancies in the membership
of the Commission in the same manner as provided for in Section 6-1
of the Town charter for the filling of vacancies and may remove any
member in the manner provided in Section 6-3 of the Town charter.
[Code 1961, § 13.04.05; Ord. No.
74-2, 3-4-1974; Ord. No. 81-13, § 3, 9-8-1981]
The Commission shall elect from its members a chairperson, a
vice-chairperson, a secretary and such other officers as the Commission
shall determine are necessary or as state law may require. It shall
keep records of its meetings and shall hold meetings at the call of
the chairperson and at such other times as the Commission may determine
in accordance with Public Act No. 155, 1972, as amended by Public
Act No. 73-571 of the Connecticut General Assembly.
[Code 1961, § 13.04.06; Ord. No.
74-2, 3-4-1974]
In carrying out the purposes and policies of said statues and
any amendments thereto, and of this article, the Commission shall:
(1)
Inventory or index the wetlands and watercourses in such form as
deemed best suited to effectuate the purposes hereof;
(2)
Promulgate such regulations as are necessary to protect the wetlands
and watercourses or any of them individually or collectively, including
the regulation of activities affecting such wetlands or watercourses,
and the manner in which the boundaries of wetland areas or watercourses
shall be established and amended or changed.
(3)
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 the purposes hereof, specifically
including, but not limited to, soil scientists for the purpose of
(a) completing a Town soils survey, and (b) making on-site interpretations,
evaluations and findings as to soil types.
(4)
Exercise all incidental powers necessary to enforce rules and regulations
and to carry out the purposes of said statutes.
[Code 1961, § 13.04.07; Ord. No.
74-2, 3-4-1974]
The Commission shall have the following powers:
(1)
It may recommend that the Town Council acquire wetlands and watercourses
within the territorial limits of the Town by gift or purchase, in
fee or lesser interest, including, but not limited to, lease, easement,
or covenant, subject to such reservations and exceptions as it deems
advisable.
(2)
It shall not incur any expense in excess of the funds appropriated
by the Town Council for its operations.
(3)
It may cooperate to the extent necessary with abutting municipalities
to carry out the policies and purposes thereof.
(4)
It may consult, exchange and cooperate to the extent necessary with
the commissioner of environmental protection, and may request from
such commissioner technical and other assistance in carrying out the
purposes and policies hereof.
(5)
It shall have such additional powers as may from time to time be
granted to it by the Town Council.
[Code 1961, § 13.04.08; Ord. No.
74-2, 3-4-1974]
In all matters relating to the regulating, licensing and enforcing
of the provisions hereof, the Commission shall take into consideration
all relevant facts and circumstances, including but not limited to:
(1)
The environmental impact of the proposed action;
(2)
The alternative to the proposed action;
(3)
The relationship between short-term uses of the environment and the
maintenance and enhancement of long-term productivity;
(4)
Irreversible and irretrievable commitments of resources which would
be involved in the proposed activity;
(5)
The character and degree of injury to, or interference with, safety,
health or the reasonable use of property which is caused or threatened;
and
(6)
The suitability or unsuitability of such activity to the area for
which it is proposed.
[Code 1961, § 13.04.09; Ord. No.
74-2, 3-4-1974]
Nothing contained in this article shall be construed to limit
or otherwise restrain the existing authority of any other Boards or
Commissions of the Town.
[Ord. No. 06-04, § 1, 11-20-2006]
The Town adopts the provision of Connecticut General Statutes
Section 22a-44g, as it may be amended from time to time, for
the purpose of establishing penalties for violations of the Inland
Wetlands and Watercourses Regulations of the Town.
[Ord. No. 06-04, § 2, 11-20-2006]
(a)
The Town Manager or his designee, shall issue a written notice to
any person who violates any provision of the Inland Wetlands and Watercourses
Regulations of the Town. No written notice may be issued against the
state or any state official or employee acting within the scope of
his employment. Such written notice shall explain the nature of the
violation and the steps required for compliance, and shall allow a
seventy-two-hour period within which to correct the violation or within
which a written plan for correction shall be submitted to the Town
Manager, or his designee, setting forth a reasonable time period for
correction of the violation as agreed upon by the Town Manager, or
his designee. A written notice issued pursuant to this subsection
shall be served by hand delivery, at which time the seventy-two-hour
period shall begin; or by certified mail return receipt requested
and by regular first class mail. Three business days shall be allowed
for mail delivery of the notice prior to the commencement of the seventy-two-hour
period.
(b)
Within two business days after the period for correction established in subsection (a) expires, the Town Manager or his designee shall re-inspect the subject property to determine compliance.
(c)
If the violations set forth in the written notice have not been corrected
at the time of re-inspection, the Town Manager, or such person as
authorized by the Town Manager, in his capacity as chief executive
officer, shall issue a citation and fine for each violation by hand,
by certified mail return receipt requested, by leaving a true and
attested copy of the citation at the usual place of abode or residence
of the person in violation, or in the case of a corporate or business
entity, delivery to the business address or the address of the statutory
agent of said entity. No such fine shall be levied against the state
or any state official or state employee acting within the scope of
his employment. All citations issued pursuant to this section shall
state the violation for which the citation is being issued, the fine
imposed for the violation, the time period within which the fine must
be paid, and an address for remittance of the fine. The Town Council
shall periodically update the schedule of fines for violations by
way of amendment to this section. The current fine for each violation
shall be as follows:
|
Nature of Violation
|
Amount of Civil Fine
| ||
|---|---|---|---|
|
(1)
|
Carrying on activities without a permit, or carrying on activities
not authorized by a permit, in the upland review area, which do not
pose an immediate danger to a wetland or watercourse.
|
$75
| |
|
(2)
|
Carrying on activities without a permit, or carrying on activities
not authorized by a permit, in the upland review area, which may pose
an immediate danger to a wetland or watercourse.
|
$150
| |
|
(3)
|
Carrying on activities without a permit, or carrying on activities
not authorized by a permit, in a wetland or watercourse which cause
limited and/or correctable damage to the wetland or watercourse.
|
$200
| |
|
(4)
|
Excavating in, filling or draining of any portion of a wetland
or watercourse, without a permit.
|
$750
| |
|
(5)
|
Carrying on activities without a permit, or carrying on activities
not authorized by a permit, which cause sediment to flow into any
wetland or watercourse or otherwise cause the pollution of any portion
of a wetland or watercourse.
|
$750
| |
[Ord. No. 06-04, § 3, 11-20-2006]
(a)
Any violation for which a citation is issued and which is not corrected
within the time period specified in Section 14-80 shall be a
new violation of the Inland Wetlands and Watercourse Regulations of
the Town, and every twenty-four-hour period thereafter in which the
violation is not corrected shall constitute a new violation. For repeated
violations of the same provision of the Inland Wetlands and Watercourses
Regulations by the same person, the Town Manager or the person authorized
by the Town Manager to issue citations shall not be required to provide
the violator with another written notice or correction period, and
may immediately issue the citations and fines permitted by this article.
(b)
The Town Manager, or his designee, shall not be responsible for a
daily re-inspection. Rather the person to whom the citation has been
issued shall be responsible for reporting subsequent compliance by
way of written report to the Town Manager or his designee. The Town
Manager or his designee, shall re-inspect to confirm compliance within
one business day of receipt of such report.
[Ord. No. 06-04, § 4, 11-20-2006]
(a)
All fines imposed under this article which are uncontested shall
be made payable to the Town and shall be received by the Town Manager
or his designee within 10 business days from receipt of the citation.
All fines collected by the Town Manager, or his designee, shall be
directed to the Town treasurer to be deposited into the Town Open
Space Fund.
[Ord. No. 06-04, § 5, 11-20-2006]
(a)
The penalties established by Sections 14-79 — 14-82 shall
not be exclusive of any other enforcement remedy which may be imposed
by the Town Manager, or his designee, for violations of the Inland
Wetlands and Watercourses Regulations of the Town, as authorized by
any state statute, Town ordinance, or the Inland Wetlands and Watercourses
Regulations, of the Town or otherwise any other penalty that may be
imposed by any local, state or federal agency.
(b)
In construing Sections 14-79 — 14-82, feminine or neuter
pronouns shall be substituted for those of masculine form and vice
versa, and the plural of the singular and singular of the plural shall
be substituted in any case in which the context may require.
