[HISTORY: Adopted by the Town Council of
the Town of Stratford 4-13-1988. Amendments noted where applicable.]
The inland wetlands and watercourses of the
Town of Stratford are an indispensable and irreplaceable but fragile
natural resource with which the citizens of the Town of Stratford
have been endowed. The wetlands and watercourses are an interrelated
web of nature essential to an adequate supply of surface and underground
water, to hydrological stability and control of flooding and erosion,
to the recharging and purification of groundwater and to the existence
of many forms of animal, aquatic and plant life. Many inland wetlands
and watercourses have been destroyed or are in danger of destruction
because of unregulated use by reason of the deposition, filling or
removal of material, the diversion or obstruction of water flow, the
erection of structures and other uses, all of which have despoiled,
polluted and eliminated wetlands and watercourses. Such unregulated
activity has had and will continue to have a significant, adverse
impact on the environment and ecology of the region and has imperiled
and will continue to imperil the quality of the environment, thus
adversely affecting the ecological, scenic, historic and recreational
values and benefits of the Town for its citizens now and forever more.
The preservation and protection of the wetlands and watercourses from
random, unnecessary, undesirable and unregulated uses, disturbance
or destruction is in the public interest and is essential to the health,
welfare and safety of the citizens of the Town. It is therefore the
purpose of this chapter, to protect the citizens of the Town of Stratford
by making provisions for the protection, preservation, maintenance
and use of the inland wetlands and watercourses by minimizing their
disturbance and pollution; maintaining and improving water quality
in accordance with the highest standards set by federal, state or
local authority; preventing damage from erosion, turbidity or siltation;
preventing the loss of fish and other beneficial aquatic organisms,
wildlife and vegetation and the destruction of the natural habitats
thereof; deterring and inhibiting the danger of flooding and pollution;
protecting the quality of wetlands and watercourses for their conservational,
economic, aesthetic, recreational and other public and private uses
and values; and protecting the Town's potable freshwater supplies
from the dangers of drought, overdraft, pollution, misuse and mismanagement
by providing an orderly process to balance the need for the economic
growth of the Town and the use of its land with the need to protect
its environment and ecology in order to forever guarantee to the people
of the Town of Stratford the safety of such natural resources for
their benefit and enjoyment and for the benefit and enjoyment of generations
yet unborn.
As used in this chapter, the following terms
shall have the meanings indicated:
The Commissioner of Environmental Protection.
Includes but shall not be limited to fill, grade, dump, place,
discharge or emit.
The emission of any water, substance or material into waters
of the state, whether or not such substance causes pollution.
The Stratford Inland Wetlands Commission established pursuant
to and acting under Section 22a-42 of the Connecticut General Statutes,
as amended by Section 5 of P.A. 87-533.
The whole or any part of any permit, certificate of approval
or similar form of permission which may be required of any person
by the provisions of Sections 22a-36 to 22a-45, inclusive, of the
Connecticut General Statutes, as amended by P.A. 87-533.
Any substance, solid or liquid, organic or inorganic, including
but not limited to soil, sediment, aggregate, land, gravel, clay,
bog, mud, debris, sand, refuse or waste.
Any Town, consolidated Town and city, consolidated Town and
Borough, city or Borough.
Any person, firm, partnership, association, corporation,
company, organization or legal entity of any kind, including municipal
corporations, governmental agencies or subdivisions thereof.
Harmful thermal effect or the contamination or rendering
unclean or impure of any waters of the state by reason of any waste
or other materials discharged or deposited therein by any public or
private sewer or otherwise so as directly or indirectly to come in
contact with any waters.
Any operation within or use of a wetland or watercourse involving
removal or deposition of material or any obstruction, construction,
alteration or pollution of such wetland or watercourse, but shall
not include the specified activities in Section 22a-40 of the Connecticut
General Statutes, as amended by Section 2 of P.A. 87-533.
Includes but shall not be limited to drain, excavate, mine,
dig, dredge, suck, bulldoze, dragline or blast.
Any alteration of the physical, chemical or biological properties
of any of the waters of the state, including but not limited to change
in odor, color, turbidity or taste.
An individual duly qualified in accordance with standards
set by the United States Civil Service Commission.
Sewage or any substance, liquid, gaseous, solid or radioactive,
which may pollute or tend to pollute any of the waters of the state.
Rivers, streams, brooks, waterways, lakes, ponds, marshes,
swamps, bogs and all other bodies of water, natural or artificial,
public or private, which are contained within, flow through or border
upon this state or any portion thereof, not regulated pursuant to
Sections 22a-28 to 22a-35, inclusive, of the Connecticut General Statutes.
Land, including submerged land, not regulated pursuant to
Sections 22a-28 to 22a-35, inclusive, of the Connecticut General Statutes
which consists of any of the soil types designated as "poorly drained,"
"very poorly drained," "alluvial" and "floodplain" by the National
Cooperative Soils Survey, as may be amended from time to time, of
the Soil Conservation Service of the United States Department of Agriculture.
A.
The following operations and uses shall be permitted
in wetlands and watercourses as of right:
(1)
Grazing, farming, nurseries, gardening and harvesting
of crops and farm ponds of three acres or less essential to the farming
operation. The provisions of this subsection shall not be construed
to include road construction or the erection of buildings not directly
related to the farming operation, the relocation of watercourses with
continual flow, the filling or reclamation of wetlands or watercourses
with continual flow, the clear cutting of timber except for the expansion
of agricultural crow land, or the mining of topsoil, peat, sand, gravel
or similar material from wetlands or watercourses for the purposes
of sale.
(2)
A residential home for which a building permit has
been issued or which is on a subdivision lot, provided that the permit
has been issued or the subdivision has been approved by the Stratford
Planning and Zoning Commission or the Stratford Municipal Zoning Commission
as of the effective date of promulgation of the municipal regulations
pursuant to Subsection (b) of Section 22a-42a of the Connecticut General
Statutes, as amended by Section 6 of P.A. 87-533, or as of July 1,
1974, whichever is earlier, and further provided that no residential
home shall be permitted as of right pursuant to this subsection unless
the permit was obtained on or before July 1, 1987.
(3)
Boat anchorage or mooring.
(4)
Uses incidental for the enjoyment and maintenance
of residential property, such property defined as equal to or smaller
than the largest minimum residential lot site permitted anywhere in
the Town of Stratford. Such incidental uses shall include maintenance
of existing structures and landscaping but shall not include removal
or deposition of significant amounts of material from or onto a wetland
or watercourse or diversion or alteration of a watercourse.
(5)
Construction and operation, by water companies as defined in Section 16-1 of the Connecticut General Statutes or by municipal water supply systems as provided for in Chapter 102 of the Connecticut General Statutes, of dams, reservoirs and other facilities necessary to the impounding, storage and withdrawal of water in connection with the public water supplies, except as provided in Section 22a-401 and 22a-403 of the Connecticut General Statutes.
B.
The following operations and uses shall be permitted
as nonregulated uses in wetlands and watercourses, provided that they
do not disturb the natural and indigenous character of the wetland
or watercourse by removal or deposition of material, alteration or
obstruction of water flow or pollution of the wetland or watercourse:
(1)
Conservation of soil, vegetation, water, fish, shellfish
and wildlife.
(2)
Outdoor recreation, including play and sporting areas,
golf courses, field trails, nature studies, hiking, horseback riding,
swimming, skin diving, camping, boating, waterskiing, trapping, hunting,
fishing and shellfishing where otherwise legally permitted and regulated.
A.
The Town of Stratford hereby establishes the Stratford
Inland Wetlands Commission, an inland wetlands agency, to carry out
the provisions of Sections 22a-36 to 22a-45, inclusive, of the Connecticut
General Statutes, as amended by P.A. 87-533. Such agency shall have
authority to promulgate such regulations, in conformity with the regulations
adopted by the Commissioner pursuant to Connecticut General Statutes,
Section 22a-39, as amended by Section 2 of P.A. 87-533, as are necessary
to protect the wetlands and watercourses within its territorial limits.
The Commission shall be composed of seven members, electors of the
Town of Stratford, to be appointed by the Chairman of the Stratford
Town Council, at least two of whom shall be members of the Stratford
Conservation Commission and at least one of whom shall be a member
of the Stratford Waterfront Authority. In addition, there shall be
two alternate members, to be appointed by the Chairman of the Stratford
Town Council, both of whom shall be electors of the Town of Stratford.
The Chairman of the Stratford Town Council shall make all said appointments
within 30 days of the effective date of this chapter. Three regular
members and two alternate members shall be appointed for terms of
two years and four regular members shall be appointed for terms of
four years. Biannually thereafter, regular and alternate members shall
be appointed by the Chairman of the Stratford Town Council for terms
of four years to replace those whose terms expire. All terms shall
begin as provided by the Town Council. No member or alternate member
of such Commission shall participate in the hearing or decision of
such Commission of which he is a member 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 such Commission, and replacement shall be made from
alternate members with an alternate to act as a member of such Commission
in the hearing and determination of the particular matter or matters
in which the disqualification arose. For the purpose of this section,
the Stratford Inland Wetlands Commission shall serve as the sole agent
for the licensing of regulated activities.
B.
Nothing contained in this chapter shall be construed
to limit the existing authority of any board or commission of the
Town of Stratford.
A.
The Stratford Inland Wetlands Commission shall, through
regulation, provide for:
(1)
The manner in which the boundaries of inland wetland
and watercourse areas in the Town of Stratford shall be established
and amended or changed.
(2)
The form for an application to conduct regulated activities.
(3)
Notice and publication requirements.
(4)
Criteria and procedures for the review of applications.
(5)
Administration and enforcement.
B.
No regulations of the Stratford Inland Wetlands Commission,
including boundaries of inland wetland and watercourse areas, shall
become effective or be established until after a public hearing in
relation thereto is held by the inland wetlands 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 Town of Stratford 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 Town Clerk for public inspection at least 10 days before
such hearing and may be published in full in such paper. A copy of
the notice and the proposed regulations or amendments thereto, except
determinations of boundaries, shall be provided to the Commissioner
at least 35 days before such hearing. Such regulations and inland
wetland and watercourse boundaries may be, from time to time, amended,
changed or repealed by a majority vote of the inland wetlands agency
after a public hearing in relation thereto is held by the inland wetlands
agency, at which parties in interest and citizens shall have an opportunity
to be heard and for which notice shall be published in the manner
specified in this subsection. Regulations or boundaries or changes
therein shall become effective at such time as is fixed by the inland
wetlands agency, provided that a copy of such regulation, boundary
or change shall be filed in the office of the Town Clerk. Whenever
the Stratford Inland Wetlands Commission makes a change in regulations
or boundaries, it shall state upon its records the reason why the
change was made and shall provide a copy of such regulation, boundary
or change to the Commissioner of Environmental Protection no later
than 10 days after its adoption, provided that failure to submit such
regulation, boundary or change shall not impair the validity of such
regulation, boundary or change. All petitions submitted in writing
and in a form prescribed by the inland wetlands agency requesting
a change in the regulations or the boundaries of inland wetland and
watercourse areas shall be considered at a public hearing in the manner
provided for establishment of inland wetlands regulations and boundaries
within 90 days after receipt of such petition. The Stratford Inland
Wetlands Commission shall act upon the changes requested in such petition
within 60 days after the hearing. The petitioner may consent to extension
of the periods provided for hearing and for adoption or denial or
may withdraw such petition.
C.
On and after the effective date of the regulations promulgated pursuant to Subsection B of this section, no regulated activity shall be conducted upon any inland wetland and watercourse without a permit from the Stratford Inland Wetlands Commission. Any person proposing to conduct or cause to be conducted a regulated activity upon an inland wetland and watercourse shall file an application with the Stratford Inland Wetlands Commission. The application shall be in such form and contain such information as the Commission may prescribe. The day of receipt of an application shall be the day of the next regularly scheduled meeting of the Commission immediately following the day of submission to the Commission of such application, provided that such meeting is no earlier than three business days after receipt or 35 days after such submission, whichever is sooner. No later than 65 days after receipt of such application, the Commission shall hold a public hearing on such application. Notice of the hearing shall be published at least twice at intervals of not less than two days, the first not more than 15 days and not fewer than 10 days and the last not less than two days before the date set for the hearing, in a newspaper having a general circulation in the Town of Stratford. All applications and maps and documents relating thereto shall be open for public inspection. At such hearing, any person or persons may appear and be heard. The hearing shall be completed within 45 days of its commencement Action shall be taken on applications within 35 days after the completion of a public hearing or, in the absence of a public hearing, within 65 days from the date of receipt of the application.
D.
In granting, denying or limiting any permit for a
regulated activity, the Stratford Inland Wetlands Commission shall
consider the factors set forth in Section 22a-41 of the Connecticut
General Statutes, as amended by Section 4 of P.A. 87-533, and such
Commission shall state upon the record the reason for its decision.
In granting a permit, the Commission may grant the application as
filed or grant it upon such terms, conditions, limitations or modifications
of the regulated activity designed to carry out the policy of Sections
22a-36 to 22a-45, inclusive, of the Connecticut General Statutes,
as amended by P.A. 87-533. No person shall conduct any regulated activity
within an inland wetland or watercourse which requires zoning or subdivision
approval without first having obtained a valid certificate of zoning
or subdivision approval, special permit, special exception or variance
or other documentation establishing that the proposal complies with
the zoning or subdivision requirements adopted by the Town of Stratford
pursuant to Chapters 124 to 126 of the Connecticut General Statutes,
inclusive, or any Special Act. The Commission may suspend or revoke
a permit if it finds, after giving notice to the permittee of the
facts or conduct which warrants the intended action and after a hearing
at which the permittee is given an opportunity to show compliance
with the requirements for retention of the permit, that the applicant
has not complied with the conditions or limitations set forth in the
permit or has exceeded the scope of the work as set forth in the application.
The applicant shall be notified of the Commission's decision, and
the Commission shall cause notice of its order in issuance, denial,
revocation or suspension of a permit to be published in a newspaper
having a general circulation in the Town of Stratford.
E.
The Stratford Inland Wetlands Commission may require
a filing fee to be deposited with the agency. The amount of such fee
shall be sufficient to cover the reasonable cost of reviewing and
acting on applications and petitions, including but not limited to
the costs of certified mailings, publications of notices and decisions
and monitoring compliance with permit conditions or agency orders.
F.
Upon the recommendation of the Conservation Director, any Town Police Officer or other person authorized by the Mayor may issue a citation to any person who commits a violation of the Town's Inland Wetlands and Watercourses Regulation or the provisions of Chapter 217 of the Code. In addition to any other penalties or enforcement procedures set forth in the Connecticut General Statutes, this Code or in regulations adopted by the Inland Wetlands and Watercourses Commission pursuant to Section 22a-42 of the Connecticut General Statutes, a fine may be assessed for a violation of Chapter 217 of the Code of the Inland Wetlands and Watercourses Regulations in accordance with the citation procedure set forth in Chapter 6 of this Code. Any fine so assessed shall not exceed the maximum permitted by state law. A schedule of fines shall be adopted by the Town Council after recommendation by the Inland Wetlands and Watercourses Commission.
[Added 4-8-2019 by Ord. No. 19-03]
A.
In carrying out the purpose and policies of Sections
22a-36 to 22a-45, inclusive, of the Connecticut General Statutes,
as amended by P.A. 87-533 of the Connecticut General Statutes, including
matters relating to the regulating, licensing and enforcing of the
provisions thereof, the Commission shall take into consideration all
relevant facts and circumstances, including but not limited to:
(1)
The environmental impact of the proposed action;
(2)
The alternatives to the proposed action;
(3)
The relationship between short-term uses of the environment
and the maintenance and enhancement of long-term productivity;
(4)
Irreversible and irretrievable commitments of resources
which would be involved in the proposed activity;
(5)
The character and degree of injury to or interference
with safety, health or the reasonable use of property which is caused
or threatened; and
(6)
The suitability or unsuitability of such activity
to the area for which it is proposed.
B.
In the case of an application which received a public hearing, a permit shall not be issued unless the Commission finds that a feasible and prudent alternative does not exist In making its finding, the Commission shall consider the facts and circumstances set forth in Subsection A. The finding and reasons therefor shall be stated on the record.
