The purpose of this section is to provide a process and minimum
standards for the excavation and creation of ponds and drainage basins
in Newtown. The intent of this section is to protect critical elements
of Newtown's natural environment, but not limited to, watershed
areas and topsoil, to prevent soil erosion incidental to pond or drainage
basin construction, and to protect property from flooding and flood-related
damage.
An applicant seeking a pond permit shall file a written application
with the Zoning Enforcement Officer or the Commission, as applicable,
on a form supplied by the Commission, signed by the owner of the premises
and the person, firm or corporation intending to carry out the work
sought under the permit. The Town Engineer shall review and comment
on all pond permits. Pond permits found to meet the standards and
criteria set forth in these regulations and which have been found
to meet accepted engineering practices by the Town Engineer may be
issued by the Zoning Enforcement Officer or the Commission as applicable.
8.07.310 Pond permit documents. The
following documents shall accompany pond permit applications:
8.07.311 A plot plan of the property
with the proposed pond or drainage basin depicted thereon and the
area of disturbance clearly shown drawn to a scale of not less than
one inch equals 40 feet. Such plot plan shall indicate the area thereof
which is subject to the creation of the pond or drainage basin and
an area for the stockpiling of topsoil during construction.
8.07.312 A computation in cubic yards of the amount
of earth material which will be excavated, removed, graded, or added
to the site. Such computation shall be supported by topographical
maps if required by the Town Engineer.
8.07.313 A map (which may be a United States Geodetic
Survey) showing the watershed area and a computation of the area thereof.
8.07.314 A pre- and post-development computation and
hydrograph of the peak flow from said watershed for a two-, ten-,
twenty-five- and 100-year, twenty-four-hour storm or as required by
the Town Engineer.
8.07.315 A hydrological evaluation of the proposed
pond's watershed surface and groundwater systems to ensure sufficient
water flows for a viable and healthy pond or drainage basin, as applicable.
8.07.316 Appropriate stormwater treatment consistent
with the 2004 Connecticut Stormwater Quality Manual, including addressing
the impacts of post construction stormwater runoff.
8.07.317 A site stabilization and restoration plan
and a landscaping plan for the disturbed areas.
8.07.318 An erosion and sedimentation control plan
as approved by the Conservation Official.
8.07.319 A statement that clearly defines the extent
of and time frame for site construction and site recovery, including
grading and planting.
8.07.320 A valid inland wetlands license or a written
statement from said agency that such a license is not required.
A pond permit shall be effective for one year from the date
it is issued provided that the applicant remains in compliance with
all terms of the permit. Such permit may be extended by the Zoning
Enforcement Officer for up to one year provided the Zoning Enforcement
Officer finds that:
(a)
There are no violations of the Zoning Regulations, and
(b)
The pond or drainage basin excavation, grading, or recovery
is incomplete and the completion thereof is being actively pursued
by the permittee.
The following standards and criteria are applicable to applications
for ponds and drainage basins:
8.07.510 No pond or drainage basin
shall cause the total area of all ponds or drainage basins in the
watershed area, including the pond or drainage basin to be constructed,
to exceed one-tenth of the watershed area.
8.07.520 The sides of all ponds or
drainage basins shall have a maximum slope of three feet horizontal
to one foot vertical.
8.07.530 The outlet of dug ponds, drainage
basins and the outlet of a pond by damming a stream shall be capable
of carrying the peak flow of a 100-year storm.
8.07.540 Any pond or drainage basin
shall be designed to avoid stagnation and ensure the continued vitality
and functionality of the pond or drainage basin as applicable.
8.07.550 Any pond or drainage basin
shall be designed to be consistent with the recommendations and design
criteria of the 2004 Connecticut Stormwater Quality Manual.
8.07.560 Any required permits issued
by other governmental entities must be in place before a pond permit
is issued. If the regulations of the Inland Wetland Commission apply,
those regulations shall take precedence.
Should the Zoning Enforcement Officer find that an applicant's
performance is in violation of the pond permit, the Zoning Regulations
or upon receipt of a notice from the applicable agency or department
that a violation of the Building Code, Sanitary Code or Road Ordinance of the Town of Newtown exists, such pond permit shall
be revoked. An applicant's failure to comply with any requirements
of these regulations shall be cause for the revocation of a permit
provided that notice of said violation has been given to the permittee
together with an order to comply therewith within a reasonable time
and the permittee has failed to comply with said order.