[HISTORY: Adopted by the New Canaan Town Council as indicated in article histories. Amendments noted where applicable.]
Conservation Commission — See Ch. 11A.
[Adopted 5-14-1980; effective 6-15-1980]
[Amended 3-19-2008, effective 4-11-2008; 5-20-2009; effective 6-12-2009]
There is established an Inland Wetlands Commission in the Town of New Canaan whose powers and duties shall consist of the following:
The power, duty and responsibility of reviewing applications and issuing licenses for construction, excavation or filling within areas designated as special flood hazards by the Flood Insurance Study prepared by the Federal Emergency Management Agency (FEMA) and as shown on the Flood Insurance Rate Maps issued by FEMA.
All of the powers, duties and responsibilities vested in flood and erosion control boards under and by virtue of Chapter 477, Part II, of the Connecticut General Statutes of the State of Connecticut, entitled "Municipal Flood and Erosion Control Boards," as now or hereafter amended.
Editor's Note: See C.G.S. § 25-84 et seq.
The Commission shall consist of seven members who shall be electors and residents of the Town of New Canaan, together with the First Selectman and the Town Engineer as ex officio members. The Town Engineer shall have no vote, and the First Selectman shall vote only in the case of a tie. With the exception of the First Selectman and the Town Engineer, the members shall serve without compensation and shall hold no other office of trust or emolument in the Town government. Not more than five members of the same political party, with the exception of the First Selectman and the Town Engineer, shall serve upon the Commission at the same time, and they shall hold no other office of trust or emolument in the town, county or state governments.
Within 10 days after this ordinance shall become effective, the Board of Selectmen shall appoint the members of the Commission, three of whom shall hold office for a term to expire on the first day of December 1980 and thereafter for two-year terms from the first day of December 1980 and four of whom shall hold office from the date of their appointment to the first day of December 1981 and thereafter for two-year terms from the first day of December 1981. Each member shall hold office until his or her successor shall have been appointed and shall have qualified. In case of vacancy in the Commission by reason of death, resignation, removal of residence from the town, removal from office or failure to qualify, the Board of Selectmen shall forthwith fill the vacancy for the remainder of the term in such manner as in making a regular appointment.
There shall be a panel of three alternate members, all of whom shall be electors and residents of the Town of New Canaan and not more than two of whom shall be members of the same political party. No alternate member shall receive compensation for his services as such. Said alternate members shall hold no other office of trust or emolument in the town, county or state governments and shall be appointed by the Board of Selectmen, in the first instance, to serve until December 1, 1980, and thereafter for two-year terms. Each alternate shall hold office until his or her successor shall have been appointed and shall have qualified.
If a regular member of said board is absent or is disqualified, the Chairman of the Commission shall designate an alternate to so act, choosing alternates in rotation so that they shall act as nearly equal a number of times as possible. If any alternate is not available in accordance with such rotation, such fact shall be recorded in the minutes of the meeting.
The Commission shall meet at the call of the First Selectman promptly after its appointment to choose one of its members to be Chairman and one to be Secretary, and annually thereafter, on or promptly after the first day of December, the Commission shall meet for a like purpose. The Chairman shall, when present, preside at all meetings of the Commission and shall vote as a member thereof. In the absence of the Chairman or Secretary, as the case may be, the Commission shall choose one of its members Chairman pro tempore or one of its members Secretary pro tempore, as the case may be, who shall not thereby lose his or her vote. Four members shall constitute a quorum, and a majority vote of those present shall be necessary for the transaction of business.
The Secretary shall file in the office of the Town Clerk a full and detailed record of all proceedings, acts and resolutions of the Commission, including the vote of each member on all actions taken, such record to be a public record.
[Amended 5-20-2009; effective 6-12-2009]
All prior actions of the Conservation Commission, Flood and Erosion Control Board, Inland Wetlands and Watercourses Commission, and Environmental Commission, likewise all permits or licenses issued by the said Board or Commissions, shall remain in full force and effect, and any incomplete acts or actions of the said Board or Commissions as of the effective date of this ordinance shall be completed by the Inland Wetlands Commission as if such Commission was the originator thereof.
All rules and regulations of the Environmental Commission heretofore publicly enacted or adopted and validly on file in the office of the Town Clerk are hereby validated and shall remain in full force and effect unless and until modified, repealed or amended by the Inland Wetlands Commission.
Should any provision or portion of this ordinance be declared unlawful or ultra vires, such action shall not affect the validity of any other provisions or parts hereof.
This ordinance shall become effective at 12:00 noon on June 15, 1980.
[Adopted 5-12-2004, effective 5-28-2004]
In accordance with the provisions of C.G.S. § 22a-354a et seq., the Inland Wetlands Commission is hereby designated as the Aquifer Protection Agency (hereinafter the "Agency") of the Town of New Canaan. The staff of the Inland Wetlands Commission shall serve as the staff of the Agency.
[Amended 5-20-2009, effective 6-12-2009]
Members of the Inland Wetlands Commission shall serve coexisting terms on the Agency. The membership requirements of the Agency shall be the same as those of the Inland Wetlands Commission, including, but not limited to, the number of members, terms, method of selection and removal of members, and the filling of vacancies.
[Amended 5-20-2009, effective 6-12-2009]
At least one member of the Agency or staff of the Agency shall complete the course in technical training formulated by the Commissioner of Environmental Protection of the State of Connecticut, pursuant to C.G.S. § 22a-354v.
The Agency shall adopt regulations in accordance with C.G.S. § 22a-354p and R.C.S.A. § 22a-354i-3. Said regulations shall provide for:
The manner in which boundaries of aquifer protection areas shall be established and amended or changed.
Procedures for the regulation of activity within the area.
The form for an application to conduct regulated activities within the area.
Notice and publication requirements.
Criteria and procedures for the review of applications.
Administration and enforcement.
In order to carry out the purposes of the Aquifer Protection Program, the Agency will conduct an inventory of land use within the area to assess potential contamination sources.
Not later than three months after approval by the Commissioner of the Connecticut Department of Environmental Protection of Level B Mapping of aquifers, the Agency will inventory land uses overlying the mapped zone of contribution and recharge areas of such aquifers in accordance with guidelines established by the Commissioner pursuant to C.G.S. § 22a-354f. Such inventory shall be completed not more than one year after authorization of the Agency. (C.G.S. § 22a-354e).