[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]
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.
[Added 4-28-1987]
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.
[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]
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.