[HISTORY: Adopted by the Town Council of the Town of North Branford 10-23-1973
by Ord. No. 115. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning and Planning Commission — See Ch. 75.
[Amended 6-20-1978 by Ord. No. 127; 9-19-1995
by Ord. No. 184]
Pursuant to the North Branford Town Charter, as amended, and Connecticut
General Statutes, Sections 22a-36 to 22a-45 and Section 7-131a, the powers
and duties of the Conservation Commission are hereby combined with the existing
Inland Wetlands and Watercourses Agency, which shall be known as the "Conservation
and Inland Wetlands and Watercourses Agency," hereinafter referred to as the
"Agency."
[Amended 6-20-1978 by Ord. No. 127; 9-19-1995
by Ord. No. 184]
The Agency shall have all of the duties and responsibilities conferred
on it, as provided for in the Connecticut General Statutes for Inland Wetlands
and Watercourses Agencies and for Conservation Commissions.
[Amended 6-20-1978 by Ord. No. 127; 9-19-1995
by Ord. No. 184; 6-15-1999 by Ord.
No. 217]
The Agency shall consist of five regular members and two alternate members
appointed as follows:
[Amended 6-20-1978 by Ord. No. 127]
A.
The regular and alternate members from the Planning and
Zoning Commission shall be appointed by the Town Council upon written recommendation
of the Planning and Zoning Commission. Such appointments shall be for a term
of two years; provided, however, that the terms of office of members and alternate
members of the Agency shall not exceed their remaining terms on the Planning
and Zoning Commission. All members of the Agency may lawfully serve on the
Agency until a successor has been appointed. Existing members of the current
Inland Wetlands and Watercourses Agency shall continue in office for their
existing terms.
[Amended 9-19-1995 by Ord. No. 184]
B.
The members of the Agency appointed from the public shall
be appointed by the Council initially for staggered terms as follows: the
first appointee shall serve until December 31, 1979; the second appointee
shall serve until December 31, 1980; and the third appointee shall serve until
December 31, 1981. As each said initial staggered appointment expires, all
public appointments thereafter shall be two-year terms.
C.
All appointments to the Agency shall be made in conformance with Charter § C5-3, Minority Representation.
D.
All members and alternate members of the Agency shall
serve without compensation but shall be entitled to reimbursement for necessary
expenses incurred in the performance of official duties.
E.
No member or alternate member of the Agency shall participate
in the hearing upon any matter in which he is directly or indirectly interested
in a personal or financial sense. In the event of such disqualification, such
fact shall be entered on the records of the Agency and an alternate shall
act in place of such disqualified member in the hearing and determination
of the particular matter or matters in which the disqualification arose.
The Council shall not remove a member of the Agency except for good
cause and, upon request of such member, only after a public hearing. Failure
to attend all meetings of the Agency for a period of three consecutive months,
without due cause, shall constitute good cause for removal.
Any vacancy in the membership of the Agency which may result from the
death, resignation or removal of a member or alternate member or from any
other cause shall be filled for the unexpired term of such member or alternate
member by the Council. Vacancies created by the death, resignation or removal
of a member shall be filled by another member or alternate member of the same
Commission.
The Agency shall have all of the rights and powers and be subject to
all of the duties and obligations as set forth in the Act, and in exercising
the authority granted in the Act and in this chapter the Agency shall:
A.
Develop comprehensive programs in furtherance of the
purposes of this chapter.
B.
Advise, consult and cooperate with agencies of the municipality,
region, state and federal government, other states and with persons and municipalities
in the furtherance of the purposes of this chapter. To this end, all applications
for building permits, subdivision plans or other permits which involve or
may involve regulated activities in an inland wetland or watercourse made
to any other North Branford board or commission shall be subject to review
by the Agency.
C.
Encourage, participate in or conduct studies, investigations,
research and demonstrations and collect and disseminate information relating
to the purposes of this chapter.
D.
Retain and employ consultants and assistants on a contract
or other basis for the purpose of rendering legal, financial, technical or
other assistance and advice in furtherance of any of its purposes, specifically
including but not limited to soil scientists of the United States Soil Conservation
Service for the purpose of making on-site interpretations, evaluations and
findings as to soil types and/or utilize the services of such other town officials
and employees as it may deem appropriate.
E.
Promulgate such regulations as are necessary to protect
the inland wetlands and watercourses or any of them, individually or collectively.
F.
Inventory or index natural resources, open space areas,
inland wetlands and watercourses in such form, including pictorial representations,
and list plant species, as the Agency deems best suited to effectuate the
purposes of this chapter.
[Amended 9-19-1995 by Ord. No. 184]
G.
Formulate watershed management and drought management
plans and prepare and/or update municipal open space plan.
[Amended 9-19-1995 by Ord. No. 184]
H.
Exercise all other incidental powers necessary to enforce
its regulations and to carry out the purposes of this chapter, including the
designation of a compliance officer and administrator.
[Added 9-19-1995 by Ord. No. 184]
[Amended 6-20-1978 by Ord. No. 127]
Any person aggrieved by a final decision of the town acting through
the Agency shall have the right of appeal to the Superior Court for the County
of New Haven or the judicial district in which the affected land is located,
as provided by the Act.
Any person violating this chapter or regulations promulgated thereunder
shall be subject to the remedies and penalties provided by the Act.
[Added 6-20-1978 by Ord. No. 127]
All members of the Agency on the effective date of Ordinance No. 127[1] shall continue to hold such office until such members' terms of appointment expire or until voluntary resignation, death or removal. Until such time as each member of the Agency has been appointed in accordance with §§ 20-3 and 20-4, as amended and altered by Ordinance No. 127, vacancies occurring in the Agency membership because of resignation, death or removal will not be filled for the balance of such unexpired term. All vacancies including expired terms will be filled from time to time as the same occur in accordance with said sections as amended and altered by said ordinance. Once a member has been initially appointed pursuant to said amended sections, should such member resign, die or be removed, the vacancy so created shall be filled as provided in § 20-6 above.
[1]
Editor's Note: The effective date of Ord. No. 127 is July 21,
1978.
