[Adopted 9-23-1976 as Secs.
24A-6 through 24A-12 of the Charter and Revised Ordinances]
The preservation and protection of local inland wetlands and watercourses
is in the public interest and is essential to the health, welfare and safety
of the citizens of the City.
[Amended 12-8-1972; 4-13-2000]
A.
Membership.
(1)
There is hereby created the Inland Wetlands and Watercourses
Agency of the City of Derby, which shall consist of five members appointed
by the Mayor of said City, not more than three of whom shall be from any one
political party.
(2)
There shall be two alternate members appointed to serve
on the agency in the absence of regular members. The term of the alternates
shall be for three years.
B.
Members shall serve for terms of three years.
C.
Action by the agency shall be taken on an affirmative
vote of at least three members.
D.
No member of such agency shall participate in a hearing
or decision of the agency upon any matter in which he is directly or indirectly
interested in a personal or financial sense and such member shall disqualify
himself from participation in such matter.
E.
Any member of such agency who is absent from three consecutive
duly called meetings of the agency shall be considered to have resigned from
such body, and the seat occupied by such member shall be deemed to be vacant.
F.
Any vacancy existing on such commission for any cause
whatsoever shall be filled by the Mayor for the unexpired term.
The agency shall select from among its members a Chairman and a Secretary
who shall serve for terms of one year.
A.
The Inland Wetlands and Watercourses Agency is authorized
to promulgate such regulations, in conformity with regulations promulgated
by the Commissioner of Environmental Protection, as are necessary to protect
the wetlands and watercourses and to define boundaries of inland wetland areas
as defined by Public Act No. 155, as amended,[1] within the territorial limits of the City. No such regulations
of the Inland Wetlands and Watercourses Agency, including boundaries of inland
wetland areas, shall become effective or be established until after a public
hearing in relation thereto is held by the Inland Wetlands and Watercourses
Agency, at which parties in interest and citizens shall have an opportunity
to be heard. Notice of the time and place of such hearing shall be published
in the form of a legal advertisement, appearing in a newspaper having a substantial
circulation in the municipality at least twice at intervals of not less than
two days, the first not more than 25 days nor less than 15 days and the last
not less than two days before such hearing, and a copy of such proposed regulation
or boundary shall be filed in the office of the City Clerk for public inspection
at least 10 days before such hearing and shall be published in full in such
paper.
[1]
Editor's Note: See C.G.S. § 22a-42.
B.
Upon adoption by the Inland Wetlands and Watercourses
Agency, such regulations shall be forwarded to the Commissioner of Environmental
Protection for approval. The regulations thus approved, together with any
maps delineating wetlands and watercourses made a part thereof, shall be filed
in the office of the Town Clerk and shall become effective upon such filing.
Notice of such approved regulations shall be published in a newspaper having
a substantial circulation in the City not less than 10 days after such filing.
C.
Amendments to such regulations and inland wetland boundaries
shall be promulgated in the manner provided in Subsections A and B of this
section. The Inland Wetlands and Watercourses Agency shall only consider proposed
regulations or amendments to regulations or inland wetland boundaries which
have been submitted in writing and in a form prescribed by it. Such proposals
shall be considered by the Inland Wetlands and Watercourses Agency within
60 days of the receipt of the petition containing such proposal. The petitioner
may consent to extension of the periods provided for in hearing and for adoption
or denial or may withdraw such petition. The Inland Wetlands and Watercourses
Agency may require a filing fee to be deposited with the agency to defray
the cost of publication of the notice required for the hearing. The Inland
Wetlands and Watercourses Agency shall not be required to hear any petition
or petitions relating to the same regulations or map changes or substantially
the same changes, more than once in a period of 12 months.
In exercising the authority granted herein, the Inland Wetlands and
Watercourses Agency shall:
A.
Develop comprehensive programs in furtherance of the
purposes of this article.
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 article; 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 municipal board or commission shall be subject to review of the
Inland Wetlands and Watercourses Agency.
C.
Encourage, participate in or conduct studies, investigations,
research and demonstrations and collect and disseminate information relating
to the purposes of this article.
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 City 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 the inland wetlands and watercourses
in such form, including pictorial representations and list of plant species,
as the Inland Wetlands and Watercourses Agency deems best suited to effectuate
the purposes of this article.
G.
Exercise all incidental powers necessary to enforce regulations
and to carry out the purposes of this article, including the designation of
an administrator and subject to Title VII, the supervision of a compliance
officer appointed by the Mayor.
[Amended 7-12-2000]
Any person aggrieved by a final decision of the City acting through
the Inland Wetlands and Watercourses Agency shall have the right of appeal
to the Court of Common Pleas of the county as provided by Public Act 155,[1] as the same may be amended from time to time.
[1]
Editor's Note: See C.G.S. § 22a-42.
