The purpose of this section is to provide a process and minimum
standards for the excavation and creation of ponds and drainage basins
in Newtown. The intent of this section is to protect critical elements
of Newtown's natural environment, but not limited to, watershed
areas and topsoil, to prevent soil erosion incidental to pond or drainage
basin construction, and to protect property from flooding and flood-related
damage.
8.07.210
Ponds or drainage basins less
than 1/4 acre. Excavations of earth materials, but not the removal
thereof from the premises, when clearly incidental to the construction
or modification of a pond or drainage basin of 1/4 acre or less in
size and/or the revision of the channel or a watercourse shall require
a pond permit to be obtained from the Zoning Enforcement Officer pursuant
to this section.
8.07.220
Ponds or drainage basins 1/4
acre in size or greater and excavations of 200 cubic yards or greater
of earth materials. The creation, modification or enlargement of any
pond or drainage basin to a size greater than a 1/4 acre or a pond
or drainage basin that requires excavation of 200 cubic yards or more
of earth materials shall require the approval of a pond permit from
the Commission pursuant to the regulations set forth herein.
8.07.230
No pond or drainage basin
shall be a ruse for a commercial mining operation. The maximum depth
allowable shall be the least necessary in order to carry out the purpose
of the pond or drainage basin.
8.07.240
The maintenance of an existing
pond or drainage basin for purposes of removing sediment or debris
to avoid stagnation and ensure the continued vitality and functions
of the pond or drainage basin is exempt from the pond permit requirements
of this section.
An applicant seeking a pond permit shall file a written application
with the Zoning Enforcement Officer or the Commission, as applicable,
on a form supplied by the Commission, signed by the owner of the premises
and the person, firm or corporation intending to carry out the work
sought under the permit. The Town Engineer shall review and comment
on all pond permits. Pond permits found to meet the standards and
criteria set forth in these regulations and which have been found
to meet accepted engineering practices by the Town Engineer may be
issued by the Zoning Enforcement Officer or the Commission as applicable.
8.07.310
Pond permit documents. The
following documents shall accompany pond permit applications:
8.07.311
A plot plan of the property
with the proposed pond or drainage basin depicted thereon and the
area of disturbance clearly shown drawn to a scale of not less than
one inch equals 40 feet. Such plot plan shall indicate the area thereof
which is subject to the creation of the pond or drainage basin and
an area for the stockpiling of topsoil during construction.
8.07.312
A computation in cubic yards of the amount
of earth material which will be excavated, removed, graded, or added
to the site. Such computation shall be supported by topographical
maps if required by the Town Engineer.
8.07.313
A map (which may be a United States Geodetic
Survey) showing the watershed area and a computation of the area thereof.
8.07.314
A pre- and post-development computation and
hydrograph of the peak flow from said watershed for a two-, ten-,
twenty-five- and 100-year, twenty-four-hour storm or as required by
the Town Engineer.
8.07.315
A hydrological evaluation of the proposed
pond's watershed surface and groundwater systems to ensure sufficient
water flows for a viable and healthy pond or drainage basin, as applicable.
8.07.316
Appropriate stormwater treatment consistent
with the 2004 Connecticut Stormwater Quality Manual, including addressing
the impacts of post construction stormwater runoff.
8.07.317
A site stabilization and restoration plan
and a landscaping plan for the disturbed areas.
8.07.318
An erosion and sedimentation control plan
as approved by the Conservation Official.
8.07.319
A statement that clearly defines the extent
of and time frame for site construction and site recovery, including
grading and planting.
8.07.320
A valid inland wetlands license or a written
statement from said agency that such a license is not required.
A pond permit shall be effective for one year from the date
it is issued provided that the applicant remains in compliance with
all terms of the permit. Such permit may be extended by the Zoning
Enforcement Officer for up to one year provided the Zoning Enforcement
Officer finds that:
The following standards and criteria are applicable to applications
for ponds and drainage basins:
8.07.510
No pond or drainage basin
shall cause the total area of all ponds or drainage basins in the
watershed area, including the pond or drainage basin to be constructed,
to exceed one-tenth of the watershed area.
8.07.520
The sides of all ponds or
drainage basins shall have a maximum slope of three feet horizontal
to one foot vertical.
8.07.530
The outlet of dug ponds, drainage
basins and the outlet of a pond by damming a stream shall be capable
of carrying the peak flow of a 100-year storm.
8.07.540
Any pond or drainage basin
shall be designed to avoid stagnation and ensure the continued vitality
and functionality of the pond or drainage basin as applicable.
8.07.550
Any pond or drainage basin
shall be designed to be consistent with the recommendations and design
criteria of the 2004 Connecticut Stormwater Quality Manual.
8.07.560
Any required permits issued
by other governmental entities must be in place before a pond permit
is issued. If the regulations of the Inland Wetland Commission apply,
those regulations shall take precedence.
Should the Zoning Enforcement Officer find that an applicant's
performance is in violation of the pond permit, the Zoning Regulations
or upon receipt of a notice from the applicable agency or department
that a violation of the Building Code, Sanitary Code[1] or Road Ordinance[2] of the Town of Newtown exists, such pond permit shall
be revoked. An applicant's failure to comply with any requirements
of these regulations shall be cause for the revocation of a permit
provided that notice of said violation has been given to the permittee
together with an order to comply therewith within a reasonable time
and the permittee has failed to comply with said order.
