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.
(a) 
Such regulations shall be promulgated in conformity with the regulations promulgated by the commissioner of environmental protection for the state.
(b) 
In promulgating such regulations, the Commission shall give due consideration to the standards set forth in Section 14-77.
(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.
(b) 
If no payment is received for any fine imposed under this article within the time allowed for payment, then the Town Manager, or his designee, shall act in accordance with the procedures established in Chapter 2, Article VI, of the Windsor Code of Ordinances.
[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.