Town of Newington, CT
Hartford County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Council of the Town of Newington as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Citation hearings — See Ch. 13.
Environmental Quality Commission — See Ch. 8, Art. VI.
Planning and zoning — See Ch. 91.
[Adopted 3-23-1973 (§§ 6-16 to 6-23 of the 1974 Code)]
The Town Council does hereby authorize the Conservation Commission of the Town to act as the agency responsible for regulating activities that affect the inland wetlands and watercourses of the Town, pursuant to the provisions of Public Act No. 155 of the 1972 Session of the Connecticut General Assembly, C.G.S. § 22a-37 et seq.
The Conservation Commission shall develop and adopt, subject to the approval of the Town Council, regulations protecting and preserving inland wetlands and watercourses within the Town in accordance with Public Act No. 155.
The Conservation Commission shall hold a public hearing prior to the adoption or subsequent amendment of such regulations. Notice of the time and place of such hearing shall be published in a newspaper having a substantial circulation in the Town not more than 15 days and not less than five days prior to the date of such hearing, and a copy of the proposed regulations or amendments shall be filed in the office of the Town Clerk not less than 35 days prior to the date of such hearing. The Conservation Commission shall not adopt any regulations or amendments thereto unless such regulations or amendments have first been approved by a majority vote of the Town Council. Following approval by the Town Council, the regulations or any amendment thereto shall become effective at such time as is fixed by the Conservation Commission, provided that a copy of the regulations and any amendments shall be filed in the office of the Town Clerk and notice of the adoption of the regulations and amendments shall have been published in a newspaper having a substantial circulation in the Town.
Not less than 35 days prior to the public hearing, a copy of the regulations or amendments thereto shall be referred to the Town Council, the Plan and Zoning Commission and the State Department of Environmental Protection for review and comment.
The Conservation Commission shall administer the regulations under authority provided by Public Act No. 155, provided that no area shall be designated as a wetland or a watercourse to be regulated under said public act until such designation has been approved by a majority vote of the Town Plan and Zoning Commission.
[Added 4-28-1987[1]]
The seven members of the Conservation Commission shall have staggered terms of four years. Four members shall have terms expiring November 30 in an odd-numbered year and three members shall have terms expiring November 30 in an odd-numbered year occurring two years thereafter.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
[Added 4-28-1987[1]]
The three alternate members of the Conservation Commission shall have staggered terms of four years. Two alternates shall have terms expiring November 30 in an odd-numbered year, and one member shall have a term expiring November 30 in an odd-numbered year occurring two years thereafter.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
[Added 11-15-1994]
The Town Council shall act as the Municipal Flood and Erosion Control Board and shall have all the powers and duties as enumerated in Title 25, Chapter 477, Part II, §§ 25-84 through 25-94 of the Connecticut General Statutes, as amended from time to time.
[Adopted 9-24-2002 by Ord. No. 0103-2]
A. 
Pursuant to C.G.S. § 22a-42g, as amended by Public Act No. 96-269, the Town of Newington adopts this article for the purpose of establishing penalties for violations of the Inland Wetlands and Watercourses Regulations of the Town of Newington, which were adopted under C.G.S. § 22a-42 et seq., as amended.
B. 
The inland wetlands and watercourses of the State of Connecticut are an indispensable and irreplaceable but fragile natural resource with which the citizens of the state have been endowed. The preservation and protection of wetlands and watercourses from random, unnecessary, undesirable and unregulated uses, disturbance or destruction is in the public interest and is essential to the health, welfare and safety of the citizens of the state.
A. 
The Administrative Officer of the Newington Conservation Commission, or his agent, shall issue a written notice to any person who violates any provision of the Inland Wetlands and Watercourses Regulations of the Town of Newington. 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 Administrative Officer of the Newington Conservation Commission, or his agent, setting forth a reasonable time period for correction of the violation as agreed upon by the Administrative Officer of the Newington Conservation Commission, or his agent. A written notice issued pursuant to this subsection shall be served: 1) by hand delivery, at which time the seventy-two-hour period shall begin; or 2) 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 Administrative Officer of the Newington Conservation Commission or his agent shall reinspect the subject property to determine compliance.
C. 
If the violations set forth in the written notice have not been corrected at the time of reinspection, 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; or by the Town Manager or his designee 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 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 Newington Town Council shall periodically update the schedule of fines for violations by way of resolution. The current fine for each violation shall be as follows:
Nature of Violation
Amount of Civil Fine
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
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
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
Excavating in, filling or draining of any portion of a wetland or watercourse, without a permit
$750
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
Carrying on without a permit, or outside the authorization of a permit, any regulated activities in a regulated area not listed above
$250
A. 
Any violation for which a citation is issued and which is not corrected within the time period specified in § 427-10A shall be a new violation of the Inland Wetlands and Watercourse Regulations of the Town of Newington, 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 agent 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 Administrative Officer of the Newington Conservation Commission, or his agent, shall not be responsible for a daily reinspection. Rather the person to whom the citation has been issued shall be responsible for reporting subsequent compliance by way of written report to the Administrative Officer of the Newington Conservation Commission or his agent. The Administrative Officer of the Newington Conservation Commission, or his agent, shall reinspect to confirm compliance within one business day of receipt of such report.
A. 
All fines imposed under this article which are uncontested shall be made payable to the Town of Newington and shall be received by the Administrative Officer of the Newington Conservation Commission, or his agent, within 10 business days from receipt of the citation. All fines collected by the Administrative Officer of the Newington Conservation Commission, or his agent, shall be directed to the Town Treasurer to be deposited into the Town of Newington general fund.
B. 
If no payment is received for any fine imposed under this article within the time allowed for payment, then the Administrative Officer of the Newington Conservation Commission, or his agent, shall act in accordance with the procedures established in Chapter 13, § 13-3A, of the Code of Newington.
The procedure for admitting liability to a violation under this article, and the hearing procedure for any citation issued pursuant to this article, shall be in accordance with the provisions set forth in Chapter 13, § 13-3B through E, of the Code of Newington.
The penalties established by this article shall not be exclusive of any other enforcement remedy which may be imposed by the Newington Conservation Commission, or its agent, for violations of the Inland Wetlands and Watercourses Regulations of the Town of Newington, as authorized by any state statute, Town ordinance, or the Inland Wetlands and Watercourses Regulations of the Town of Newington or any other penalty that may be imposed by any local, state or federal agency.