[Ord. No. 09-01, 1-20-2009; Ord. No. 09-07, 9-8-2009]
(a)
Municipalities in the State of Connecticut are required to comply
with a number of both state and federal laws, regulations and permits
which require a municipality to address the impacts of construction
and post-development stormwater runoff quality and non-point source
pollution. Therefore, the Town of Windsor has established this set
of stormwater management policies to provide reasonable guidance for
the regulation of post-development stormwater runoff for the purpose
of protecting local water resources from degradation. It has determined
that it is in the public interest to regulate post-development stormwater
runoff discharges in order to control and minimize increases in stormwater
runoff rates and volumes, post-construction soil erosion and sedimentation,
stream channel erosion, and non-point source pollution associated
with post-development stormwater runoff.
(b)
The purpose of this article is to protect, maintain and enhance the
public health, safety, environment and general welfare by establishing
minimum requirements and procedures to control the adverse effects
of increased post-development stormwater runoff and non-point source
pollution associated with new development and redevelopment. It has
been determined that proper management of post-development stormwater
runoff will minimize the damage to public and private property and
infrastructure, safeguard the public health, safety, environment and
general welfare of the public, and protect water and aquatic resources.
[Ord. No. 09-01, 1-20-2009; Ord. No. 09-07, 9-8-2009]
(a)
This article shall be applicable to all land development, including, but not limited to, site plan applications, site plan modifications, subdivision and re-subdivision applications, inland wetlands and watercourses applications and grading applications, unless exempt pursuant to subsection (b) below. These standards apply to any new development or redevelopment site that meets one or more of the following criteria:
(1)
New development that involves the creation of 5,000 square feet or
more of impervious cover, or that involves other land development
activities of one acre or more;
(2)
Redevelopment that includes the creation, addition or replacement
of 5,000 square feet or more of impervious cover, or that involves
other land development activity of one acre or more;
(3)
Any new development or redevelopment, regardless of size, that is
defined as an "establishment" as defined in Connecticut General Statutes
Section 22a-134; or
(4)
Land development activities that are smaller than the minimum applicability
criteria set forth in items (1) and (2) above if such activities are
part of a larger common plan of development, even though multiple,
separate and distinct land development activities may take place at
different times on different schedules.
(b)
The following activities are exempt from this article:
(1)
Individual single-family lots that are not part of a subdivision
or phased development project;
(2)
Additions or modifications to existing single-family residential
structures;
(3)
Agricultural or silvicultural land management activities; and
(4)
Repairs to any stormwater management facility or practice deemed
necessary by the Town Engineer.
[Ord. No. 09-01, 1-20-2009; Ord. No. 09-07, 9-8-2009]
The Town Engineer is hereby appointed to administer and implement
the provisions of this article.
[Ord. No. 09-01, 1-20-2009; Ord. No. 09-07, 9-8-2009]
Definitions not included in this section are defined in the
town's Stormwater Manual.
The legal or beneficial owner of a site, including but not
limited to, a mortgage or vendee in possession, receiver, executor,
trustee, lessee or other person, firm or corporation in control of
the site.
Except to the extent exempted from this article, any individual,
partnership, firm, association, joint venture, public or private corporation,
trust, estate, Commission, Board, public or private institution, utility,
cooperative, city, county or other political subdivision of the state,
any interstate body or any other legal entity and acting as either
the owner or the owner's agent.
The Town of Windsor Town Engineer or his designee.
The Town of Windsor Town Manager or his designee.
The Town of Windsor Town Planner or his designee.
[Ord. No. 09-01, 1-20-2009; Ord. No. 09-07, 9-8-2009]
The Town of Windsor will utilize the policy, criteria and information
including technical specifications and standards in the latest edition
of the Connecticut Guidelines for Stormwater Quality Management, as
well as the town's Stormwater Manual as amended, and the town's
engineering standards and specifications, as amended, for the proper
implementation of the requirements of this article. These documents
may be updated and expanded periodically, based on improvements in
science, engineering, monitoring and local maintenance experience.
[Ord. No. 09-01, 1-20-2009; Ord. No. 09-07, 9-8-2009]
(a)
No owner or developer shall perform any land development activities
without first meeting the requirements of this article prior to commencing
the proposed activity.
(b)
Unless specifically exempted by this article, any owner or developer
proposing a land development activity shall submit an application
for a stormwater management permit to the Town Engineer for review
and approval.
[Ord. No. 09-01, 1-20-2009; Ord. No. 09-07, 9-8-2009]
Before any stormwater management permit application is submitted,
it is recommended that the land owner or developer meet with the Town
Engineer for a consultation meeting on a concept plan for the post-development
stormwater management system to be utilized in the proposed land development
project.
[Ord. No. 09-01, 1-20-2009; Ord. No. 09-07, 9-8-2009]
(a)
The stormwater management plan shall detail how post-development stormwater runoff will be controlled or managed and how the proposed project will meet the requirements of this article, including the performance criteria in Section 3-155.
(b)
The stormwater management plan shall be in accordance with the criteria
established in applicable design manuals and documents and must be
submitted with the stamp and signature of a professional engineer
licensed in the State of Connecticut.
[Ord. No. 09-01, 1-20-2009; Ord. No. 09-07, 9-8-2009]
(a)
Prior to the issuance of any permit for a land development activity
requiring a stormwater management facility or practice hereunder and
for which the Town Engineer requires ongoing maintenance, the applicant
or owner of the site must, unless an on-site stormwater management
facility or practice is dedicated to and accepted by the Town of Windsor,
execute an inspection and maintenance agreement and/or a conservation
easement, if applicable, that shall be binding in perpetuity on all
subsequent owners of the site. The inspection and maintenance agreement
shall identify the person(s) responsible for inspection and maintenance
as well as a schedule for routine inspection and maintenance to ensure
proper function of all stormwater management facilities and/or practices.
(b)
The inspection and maintenance agreement, if applicable, must be
approved by the Town Engineer prior to plan approval, and recorded
in the land records maintained by the Town Clerk upon final plat approval.
Upon recording, the applicant shall obtain a certificate of title
to the Town of Windsor from a lawyer licensed to practice in Connecticut
certifying that the inspection and maintenance agreement is valid
and binding upon the owner and its heirs, successors and assigns as
appropriate free of all mortgages or other encumbrances which could
defeat its priority on the land records.
[Ord. No. 09-01, 1-20-2009; Ord. No. 09-07, 9-8-2009]
(a)
Unless otherwise required by the planning department, Town Planning
and Zoning Commission, building department, and/or the inland wetlands
and watercourses Commission, the applicant will be required to file
with the Town, through the town's finance Director, a performance
bond in an amount as determined and deemed sufficient by the Town
Engineer to cover the total estimated construction cost of the stormwater
management system for such period as specified by the Town of Windsor,
prior to the issuance of any building and/or grading permit for the
construction of a development requiring a stormwater management system.
(b)
The bond required in this section shall include provisions relative
to forfeiture for failure to complete work specified in the approved
stormwater management plan, compliance with all of the provisions
of this article, other applicable laws and regulations, and any time
limitations. The bond shall not be fully released without a final
inspection of the completed work by the Town Engineer, submission
of "as-built" plans, a signed maintenance agreement and covenant,
and a certification of completion by the Town Engineer that the stormwater
management system complies with the approved stormwater management
plan and provisions of this article.
(c)
The bond shall be a cash bond for which a certified or cashier's
check is to be made payable to the Town of Windsor. The applicant
shall comply with all necessary procedures to establish the bond as
determined by the finance Director. A W-9 form must be completed by
the applicant to accept the bond deposit. Release of the bond will
be determined by the Town Engineer, as described above, at which time
the finance Director will issue a check made payable to the applicant
for the bond reduction amount in addition to accrued interest.
[Ord. No. 09-01, 1-20-2009; Ord. No. 09-07, 9-8-2009]
Applications for stormwater management permits shall be filed with and on forms provided by the Town Engineer and shall include the items set forth in Section 3-146.
[Ord. No. 09-01, 1-20-2009; Ord. No. 09-07, 9-8-2009]
The fee for review of any stormwater management application
shall be based on the fee structure established in the Price Guide
and shall be paid at the time of application.
[Ord. No. 09-01, 1-20-2009; Ord. No. 09-07, 9-8-2009]
(a)
The Town Engineer shall inform the applicant, in writing, whether
the application, stormwater management plan and inspection and maintenance
agreement are approved or disapproved within 30 days after receiving
an application.
(b)
Failure of the Town Engineer to act on an original or revised application
within 30 days of receipt shall authorize the applicant to proceed
in accordance with the plans as filed unless such time is extended
by agreement between the applicant and Town Engineer. Pending preparation
and approval of a revised plan, development activities shall be allowed
to proceed in accordance with conditions established by the Town Engineer.
(c)
Approval of the application, stormwater management plan, and inspection
and maintenance agreement must be obtained prior to the issuance of
any building permit.
[Ord. No. 09-01, 1-20-2009; Ord. No. 09-07, 9-8-2009]
The stormwater management plan for each land development project
shall provide for stormwater management measures located on the site
of the project, unless provisions are made to manage stormwater by
an off-site or regional facility. The off-site or regional facility
must be located on property legally dedicated for the purpose, must
be designed and adequately sized to provide a level of stormwater
quantity and quality control that is equal to or greater than that
which would be afforded by on-site practices and there must be a legally-obligated
entity responsible for long-term operation and maintenance of the
off-site or regional stormwater facility. In addition, on-site measures
shall be implemented, where necessary, to protect upstream and downstream
properties and drainage channels from the site to the off-site facility.
[Ord. No. 09-01, 1-20-2009; Ord. No. 09-07, 9-8-2009]
The following performance criteria shall be applicable to all
stormwater management plans, unless otherwise provided for in this
article:
(a)
Water quality. All stormwater runoff generated from a site shall
be adequately treated before discharge. It will be presumed that a
stormwater management system complies with this requirement if:
(1)
It is sized to treat the prescribed water quality treatment volume
from the site, as defined in the Connecticut Guidelines for Stormwater
Quality Management;
(2)
Appropriate structural stormwater controls or non-structural practices
are selected, designed, constructed or preserved, and maintained according
to the specific criteria in the Connecticut Guidelines for Stormwater
Quality Management; and
(3)
Runoff from "establishments" (as defined in Connecticut General Statutes
Section 22a-134) is adequately treated and addressed through the use
of appropriate structural stormwater controls, non-structural practices
and pollution prevention practices.
(b)
Stream channel protection. Protection of stream channels from bank
and bed erosion and degradation shall be provided by using all of
the following approaches:
(1)
Preservation, restoration and/or reforestation (with native vegetation)
of the applicable stream buffer;
(2)
Twenty-four-hour extended detention storage for the one year, twenty-four-hour
return frequency storm event; and
(3)
Erosion prevention measures such as energy dissipation and velocity
control.
(c)
Overbank flooding protection. Downstream overbank flood and property protection shall be provided by controlling (attenuating) the post-development peak discharge rate to the pre-development rate for the fifty-year, twenty-four-hour return frequency storm event. If control of the one year, twenty-four-hour storm under subsection (b) is exempted, then peak discharge rate attenuation of the two-year through twenty-five-year return frequency storm event must be provided.
(d)
Extreme flooding protection. Extreme flood and public safety protection
shall be provided by controlling and safely conveying the one-hundred-year,
twenty-four-hour return frequency storm event such that flooding is
not exacerbated.
(e)
Drainage system guidelines. All structural stormwater management
facilities shall be selected and designed using the appropriate criteria
from the Connecticut Guidelines for Stormwater Quality Management.
|
The requirements in subsection (c) and (d) may be adjusted or waived by the Town Engineer for sites where the post-development downstream analysis shows that uncontrolled post-development conditions will not increase downstream peak flows, or that meeting the requirement will cause greater peak flow downstream impacts than the uncontrolled post-development conditions.
|
[Ord. No. 09-01, 1-20-2009; Ord. No. 09-07, 9-8-2009]
(a)
Inspections to ensure plan compliance during construction. Periodic
inspections of the stormwater management system construction shall
be conducted by the Town Engineer or conducted and certified by a
professional engineer who has been approved by the Town Engineer.
Construction inspections shall utilize the approved stormwater management
plan for establishing compliance.
(b)
Final inspection and as-built plans. Upon completion of a project,
and before a certificate of occupancy shall be granted, the applicant
is responsible for certifying that the completed project is in accordance
with the approved stormwater management plan. All applicants are required
to submit actual "as-built" plans for any stormwater management facilities
or practices after final construction is completed. The plan must
show the final design specifications for all stormwater management
facilities and practices and must be certified by a professional engineer.
A final inspection by the Town Engineer is required before the release
of any performance securities can occur.
[Ord. No. 09-01, 1-20-2009; Ord. No. 09-07, 9-8-2009]
(a)
Long-term maintenance inspection of stormwater facilities and practices. A stormwater management facility or practice shall be inspected on a periodic basis by the responsible person in accordance with the approved inspection and maintenance agreement. In the event that the stormwater management facility has not been maintained and/or becomes a danger to public safety or public health, the Town Engineer shall notify the person responsible for carrying out the maintenance plan by registered or certified mail to the person in the inspection and maintenance agreement. The notice shall specify the measures needed to comply with the agreement and the plan and shall specify the time within which measures shall be completed. If the responsible person fails or refuses to meet the requirements of the inspection and maintenance agreement, the Town Engineer may correct the violation as provided in subsection (d) hereof.
(b)
Right-of-entry for inspection. The terms of the inspection and maintenance
agreement shall provide for the Town Engineer to enter the property
at reasonable times and in a reasonable manner for the purpose of
inspection. This includes the right to enter a property when the Town
Engineer has a reasonable basis to believe that a violation of this
article is occurring or has occurred and to enter when necessary for
abatement of a public nuisance or correction of a violation of this
article.
(c)
Records of maintenance activities. Parties responsible for the operation
and maintenance of a stormwater management facility shall provide
records of all maintenance and repairs to the Town Engineer.
(d)
Failure to maintain. If a responsible person fails or refuses to
meet the requirements of the inspection and maintenance agreement,
the Town Engineer, after 30 days written notice (except that in the
event the violation constitutes an immediate danger to public health
or public safety, 24 hours’ notice shall be sufficient), may
correct a violation of the design standards or maintenance requirements
by performing the necessary work to place the facility or practice
in proper working condition. The Town Engineer may assess the owner(s)
of the facility for the cost of repair work, which shall be a lien
on the property, and may be placed on the tax bill for such property
and collected in the ordinary manner for such taxes.
[Ord. No. 09-01, 1-20-2009; Ord. No. 09-07, 9-8-2009]
(a)
Violation and penalties. Any action or inaction which violates the
provisions of this article or the requirements of an approved stormwater
management plan or permit may be subject to the enforcement actions
outlined in this section. Any such action or inaction that is continuous
with respect to time is deemed to be a public nuisance and may be
abated by injunctive or other equitable relief. The imposition of
any of the penalties described below shall not prevent such equitable
relief.
(b)
Procedure for issuance of citations.
(1)
The Town Manager shall issue a written notice to any person who violates
any provision of this article. 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
Town Manager, setting forth a reasonable time period for correction
of the violation as agreed upon by the Town Manager. A written notice
issued pursuant to this subsection shall be served:
(2)
Within two business days after the period for correction established
in subsection (b)(1) expires, the Town Manager shall re-inspect the
subject property to determine compliance.
(3)
If the violations set forth in the written notice have not been corrected
at the time of re-inspection, 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, by
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 state 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 Town Council may periodically update the schedule
of fines for violations by way of amendment to this article.
The current fine for each violation shall be as follows.
|
Nature of Violation
|
Amount of Civil Fine
| ||
|---|---|---|---|
|
(1)
|
Carrying on activities without a permit, or carrying on activities
not authorized by a permit, which do not pose an immediate danger
to persons, property, or the surrounding environment.
|
$75
| |
|
(2)
|
Carrying on activities without a permit, or carrying on activities
not authorized by a permit, which may pose an immediate danger to
persons, property, or the surrounding environment.
|
$150
| |
|
(3)
|
Carrying on activities without a permit, or carrying on activities
not authorized by a permit, which cause limited and/or correctable
damage to property or the surrounding environment.
|
$200
| |
|
(4)
|
Carrying on activities without a permit, or carrying on activities
not authorized by a permit, which cause irreversible soil erosion
or sedimentation, or flooding of adjacent properties.
|
$250
| |
(c)
Compliance periods after citation.
(1)
Any violation for which a citation is issued and which is not corrected
within the time period specified in subsection (b) shall be a new
violation of this article, 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 this article by the
same person, the Town Manager 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.
(2)
The Town Manager shall not be responsible for a daily re-inspection.
Rather the person to whom the citation has been issued shall be responsible
for reporting subsequent compliance by way of written report to the
Town Manager. The Town Manager shall re-inspect to confirm compliance
within one business day of receipt of such report.
(d)
Payment of fines.
(1)
All fines imposed under this article which are uncontested shall
be made payable to the Town of Windsor and shall be received by the
Town Manager within 10 business days from receipt of the citation.
All fines collected by the Town Manager shall be directed to the Town
finance Director to be deposited into the Town of Windsor general
fund.
(e)
Stop-work order; revocation of permit. In the event that any person
implements site development in such a manner as to adversely affect
the health, welfare, or safety of persons residing or working in the
neighborhood or development site so as to be materially detrimental
to the public welfare or injurious to property or improvements in
the neighborhood, the Town Engineer and/or Town Manager may issue
a stop-work order and suspend or revoke the stormwater management
permit.
[Ord. No. 09-01, 1-20-2009; Ord. No. 09-07, 9-8-2009]
[Ord. No. 09-01, 1-20-2009; Ord. No. 09-07, 9-8-2009]
[Ord. No. 09-01, 1-20-2009; Ord. No. 09-07, 9-8-2009]
The penalties established by this article shall not be exclusive
of any other enforcement remedy which may be imposed by the Town Manager
for violations of this article, as authorized by any federal or state
statute, Town ordinance, zoning regulation, or inland wetlands and
watercourses regulations, of the Town of Windsor or otherwise any
other penalty that may be imposed by any local, state or federal agency.
