Sections in this category:
Town Code: Environment
Adoption Regulations
Chapter 205. Adoption of Regulations
[HISTORY: Adopted by the Town of Weston as indicated in article histories.]
[Adopted by the Board of Selectmen of the Town of Weston 6-10-2013]
§ 205-1. Acceptance of renumbering of regulations.
The Solid Waste and Recycling Regulations of the Town of Weston, County of Fairfield, State of Connecticut, as renumbered and codified as Chapter 225 of the Code of the Town of Weston, in the form attached hereto and made a part hereof, are hereby approved.
§ 205-2. Continuation of existing provisions.
The provisions of Chapter 225, insofar as they are substantively the same as those of regulations in force immediately prior to this enactment, are intended as a continuation of such regulations and not as new enactments, and the effectiveness of such provisions shall date from the date of adoption of the prior regulation. All such provisions are hereby continued in full force and effect and are hereby reaffirmed as to their adoption by the Board of Selectmen.
§ 205-3. Amendments.
Chapter 225, Solid Waste and Recycling Regulations, is amended as set forth below:
Throughout this chapter, references to the State Department of Environmental Protection are amended to the State Department of Energy and Environmental Protection.
Section 225-5, License required, Subsection B, is amended by changing "name of such person's address" to "name of such person, such person's address."
Section 225-7, Collection vehicles, Subsection C(1), is amended by changing the reference to the Department of Environmental Health to the Department of Energy and Environmental Protection.
[Adopted by the Planning and Zoning Commission of the Town of Weston 6-3-2013]
§ 205-4. Acceptance of renumbering of regulations.
The Planning and Zoning Commission of the Town of Weston, County of Fairfield, State of Connecticut, hereby approves the renumbering and codification of the following regulations in the form attached hereto and made a part hereof: the Aquifer Protection Area Regulations, Chapter 207 of the Town Code; the Floodplain Management Regulations, Chapter 212 of the Town Code; the Subdivision Regulations, Chapter 230 of the Town Code; and the Zoning Regulations, Chapter 240 of the Town Code.
§ 205-5. Continuation of existing provisions.
The provisions of Chapters 207, 212, 230 and 240, insofar as they are substantively the same as those of regulations in force immediately prior to this enactment, are intended as a continuation of such regulations and not as new enactments, and the effectiveness of such provisions shall date from the date of adoption of the prior regulation. All such provisions are hereby continued in full force and effect and are hereby reaffirmed as to their adoption by the Planning and Zoning Commission.
§ 205-6. Amendments.
References to the Department of Environmental Protection and the Commissioner of Environmental Protection are amended to the Department of Energy and Environmental Protection and the Commissioner of Energy and Environmental Protection, respectively.
Chapter 230, Subdivision Regulations. In § 230-11, Procedural steps following submission of application, Subsection B is deleted and marked as (Reserved).
Chapter 240, Zoning Regulations, is amended as follows:
Section 240-12, Neighborhood Shopping Center, Subsection H(4), is amended by changing "60 days" to "65 days."
In the following sections, the off-street parking requirements are amended to refer to the requirements of § 240-54 in order to eliminate any inconsistency caused by having similar information in two places in the Code: §§ 240-21C, 240-22C, 240-23C, 240-24C, 240-25C, and 240-29C.
Section 240-54, Schedule of off-street parking requirements, is amended to change "said Board" to "said Commission" in Subsections A and B.
Section 240-56, Location of off-street parking and loading facilities, is amended to change "Board" to "Commission."
Section 240-70, Amendments, Subsection E, is amended to change $50 to $250.
Original Section 530, Effective date, which read "As amended to September 23, 2011," is repealed.
Section 240-73, General construction of language, is amended by changing "Board of Appeals" to "Zoning Board of Appeals" as this is the term used in the chapter. The term "Comprehensive Plan of Development" is changed to "Town Plan of Development."
The definition of "nonconforming use" in § 240-74 is amended by adding "or amendment substantively affecting such use," after "at the time of adoption" so that the phrase reads "at the time of adoption or amendment substantively affecting such use, of these regulations."
[Adopted by the Conservation Commission of the Town of Weston 5-16-2013]
§ 205-7. Acceptance of renumbering of regulations.
The Inland Wetlands and Watercourses Regulations of the Town of Weston, County of Fairfield, State of Connecticut, as renumbered and codified as Chapter 215 of the Code of the Town of Weston, in the form attached hereto and made a part hereof, are hereby approved.
§ 205-8. Continuation of existing provisions.
The provisions of Chapter 215, insofar as they are substantively the same as those of regulations in force immediately prior to this enactment, are intended as a continuation of such regulations and not as new enactments, and the effectiveness of such provisions shall date from the date of adoption of the prior regulation. All such provisions are hereby continued in full force and effect and are hereby reaffirmed as to their adoption by the Conservation Commission.
§ 205-9. Amendments.
Throughout Chapter 215, Inland Wetlands and Watercourses Regulations, references to the Department of Environmental Protection and the Commissioner of Environmental Protection are amended to refer to the Department of Energy and Environmental Protection and the Commissioner of Energy and Environmental Protection, respectively.
Aquifer Protection
Chapter 207. Aquifer Protection Area Regulations
[HISTORY: Adopted by the Planning and Zoning Commission of the Town of Weston effective 8-15-2008. Amendments noted where applicable.]
GENERAL REFERENCES
Aquifer Protection Agency — See Ch. 18, Art. VII.
Land use fees — See Ch. 70, Art. I.
Groundwater heat pumps — See Ch. 87.
Inland wetlands and watercourses regulations — See Ch. 215.
Subdivision regulations — See Ch. 230.
Zoning regulations — See Ch. 240.
§ 207-1. Title and authority.
Aquifers are an essential natural resource and a major source of public drinking water for the State of Connecticut. Use of groundwater will increase as the population grows and opportunities for new surface water supplies diminish due to the rising cost of land and increasingly intense development. At the same time, numerous drinking water wells have been contaminated by certain land use activities, and others are now threatened. To address this problem, Connecticut has established the Aquifer Protection Area Program (Connecticut General Statutes § 22a-354a to § 22a-354bb) to identify critical water supply aquifers and to protect them from pollution by managing land use. Protection requires coordinated responsibilities shared by the state, municipality and water companies to ensure a plentiful supply of public drinking water for present and future generations. It is therefore the purpose of these regulations to protect aquifer protection areas within the Town of Weston by making provisions for:
These regulations shall be known as the "Aquifer Protection Area Regulations" (the "APA Regulations") of the Town of Weston.
These regulations were adopted and may be amended from time to time in accordance with the provisions of § 22a-354p of An Act Concerning Aquifer Protection Areas, the Connecticut General Statutes § 22a-354a to § 22a-354bb and the Regulations of Connecticut State Agencies § 22a-354i-1 through § 22a-354i-10.
The Planning and Zoning Commission of the Town of Weston is established as the Aquifer Protection Agency (the "Agency") in accordance with the Ordinance Concerning the Designation of the Planning and Zoning Commission as the Town's Aquifer Protection Agency (the "APA Ordinance"), effective January 12, 2006, and shall implement the purposes and provisions of the APA Ordinance and the Act.
Editor's Note: See Ch. 18, Art. VII, Aquifer Protection Agency.
§ 207-2. Definitions.
As used in these regulations, the following definitions apply:
As defined in § 22a-354h of the Connecticut General Statutes.
The board or commission authorized by the municipality under § 22a-354o of the Connecticut General Statutes.
As defined in the § 1-1(q) of the Connecticut General Statutes.
As appropriate in context, a person who applies for an exemption under § 22a-354i-6 of the Regulations of Connecticut State Agencies, a permit under § 22a-354i-8 of the Regulations of Connecticut State Agencies or a permit under § 207-9 of the APA Regulations.
As appropriate in context, an application for an exemption under § 22a-354i-6 of the Regulations of Connecticut State Agencies, an application for a permit under § 22a-354i-8 of the Regulations of Connecticut State Agencies or an application for a permit under § 207-9 of the APA Regulations.
As defined in § 22a-354h of the Connecticut General Statutes and any extension of such area approved by the Commissioner pursuant to § 22a-354i-4 of the Regulations of Connecticut State Agencies.
As defined in § 22a-354h of the Connecticut General Statutes and as mapped in accordance with § 22a-354b-1 of the Regulations of Connecticut State Agencies.
Property where oil or petroleum liquids are received by tank vessel, pipeline, railroad car or tank vehicle for the purpose of storage for wholesale distribution.
CERTIFIED HAZARDOUS MATERIALS MANAGER
A hazardous materials manager certified by the Institute of Hazardous Materials Management and who is qualified by reason of relevant specialized training and relevant specialized experience to conduct audits of regulated activities to ensure compliance with applicable laws and identify appropriate pollution prevention practices for such activities.
The Commissioner of Energy and Environmental Protection, or his or her agent.
As defined in § 22a-430-3(a) the Regulations of Connecticut State Agencies.
Property where a regulated activity is conducted by any person, including without limitation any buildings located on the property that are owned or leased by that person; and includes contiguous land owned, leased, or for which there is an option to purchase by that person.
Any opening in a floor or surface which opening or surface receives materials spilled or deposited thereon.
Any hazardous substance as defined in 40 CFR 302.4 and listed therein at Table 302.4, excluding mixtures with a total concentration of less than 1% hazardous substances based on volume; any hazardous waste as defined in § 22a-449(c)-101 of the Regulations of Connecticut State Agencies; any pesticide as defined in § 22a-47 of the Connecticut General Statutes; or any oil or petroleum as defined in § 22a-448 of the Connecticut General Statutes.
As defined in § 22a-449(c)-101 of the Regulations of Connecticut State Agencies.
A facility for washing clothes, cloth or other fabric used in industrial operations.
Any discharge device installed below or above the ground surface that is designed to discharge liquid to the ground.
INLAND WETLAND AND WATERCOURSE AREAS MAP
A map pursuant to § 22a-42a of the Connecticut General Statutes.
ISO 14001 ENVIRONMENTAL MANAGEMENT SYSTEM CERTIFICATION
A current ISO 14001 environmental management system certification issued by an ISO 14001 environmental management system registrar that is accredited by the American National Standards Institute (ANSI) - American Society for Quality (ASQ) National Accreditation Board (ANAB).
The lines as shown on Level A maps approved or prepared by the Commissioner pursuant to § 22a-354c, § 22a-354d or § 22a-354z of the Connecticut General Statutes encompassing the area of contribution and recharge areas.
Oil that contains less than 1% chlorinated solvents and is used for the sole purpose of lubricating, cutting, grinding, machining, stamping or quenching metals.
As defined in § 22a-354h of the Connecticut General Statutes.
The owner or lessee of the facility in question.
Sodium chloride, calcium chloride, or calcium magnesium acetate.
Any individual, firm, partnership, association, syndicate, company, trust, corporation, limited liability company, municipality, agency, political or administrative subdivision of the state, or other legal entity of any kind.
As defined in § 22a-423 of the Connecticut General Statutes.
The use of processes and materials so as to reduce or minimize the amount of hazardous materials used or the quantity and concentration of pollutants in waste generated.
A professional engineer licensed in accordance with Chapter 391 of the Connecticut General Statutes, and who is qualified by reason of relevant specialized training and relevant specialized experience to conduct audits of regulated activities to ensure compliance with applicable law and identify appropriate pollution prevention practices for such activities.
PUBLICLY OWNED TREATMENT WORKS
As defined in § 22a-430-3 of the Regulations of Connecticut State Agencies.
As defined in § 16-1 of the Connecticut General Statutes.
As defined in § 19-13-B51b of the Regulations of Connecticut State Agencies.
As defined in § 22a-354h of the Connecticut General Statutes and as mapped in accordance with § 22a-354b-1 of the Regulations of Connecticut State Agencies.
A person who or which has submitted a registration for an existing regulated activity under § 22a-354i-7 of the Regulations of Connecticut State Agencies or § 207-4 of the APA Regulations.
Any of the following activities, which are located or conducted, wholly or partially, in an aquifer protection area, except as provided for in § 22a-354i-5(c) and § 22a-354i-6 of the Regulations of Connecticut State Agencies or § 207-4 of the APA Regulations:
Underground storage or transmission of oil or petroleum, to the extent such activity is not preempted by federal law, or hazardous material, except for:
An underground storage tank that contains Number 2 fuel oil and is located more than 500 feet from a public supply well subject to regulation under § 22a-354c or § 22a-354z of the Connecticut General Statutes; or
Underground electrical facilities, such as transformers, breakers, or cables containing oil for cooling or insulation purposes which are owned and operated by a public service company.
Oil or petroleum dispensing for the purpose of retail, wholesale or fleet use.
On-site storage of hazardous materials for the purpose of wholesale sale.
Repair or maintenance of vehicles or internal combustion engines of vehicles, involving the use, storage or disposal of hazardous materials, including solvents, lubricants, paints, brake fluids, transmission fluids or the generation of hazardous wastes.
Salvage operations of metal or vehicle parts.
Wastewater discharges to groundwater other than domestic sewage and stormwater, except for discharges from the following that have received a permit from the Commissioner pursuant to § 22a-430 of the Connecticut General Statutes:
A pump-and-treat system for groundwater remediation.
A potable water treatment system.
Heat pump system.
Noncontact cooling water system.
Swimming pools.
Car or truck washing, unless all wastewaters from such activity are lawfully disposed of through a connection to a publicly owned treatment works.
Production or refining of chemicals, including without limitation hazardous materials or asphalt.
Clothes or cloth cleaning service which involves the use, storage or disposal of hazardous materials, including without limitation dry-cleaning solvents.
Industrial laundry activity that involves the cleaning of clothes or cloth contaminated by hazardous material, unless all wastewaters from such activity are lawfully disposed of through a connection to a publicly owned treatment works.
Generation of electrical power by means of fossil fuels, except for generation of electrical power by an emergency engine as defined by § 22a-174-22(a)(2) of the Regulations of Connecticut State Agencies or generation of electrical power by means of natural gas or propane.
Production of electronic boards, electrical components, or other electrical equipment involving the use, storage or disposal of any hazardous material or involving metal plating, degreasing of parts or equipment, or etching operations.
Embalming or crematory services which involve the use, storage or disposal of hazardous material, unless all wastewaters from such activity are lawfully disposed of through a connection to a publicly owned treatment works.
Furniture stripping operations which involve the use, storage or disposal of hazardous materials.
Furniture finishing operations which involve the use, storage or disposal of hazardous materials, unless all wastewaters from such activity are lawfully disposed of through a connection to a publicly owned treatment works.
Storage, treatment or disposal of hazardous waste subject to a permit under § 22a-449(c)-100 to § 22a-449(c)-110, inclusive, of the Regulations of Connecticut State Agencies.
Biological or chemical testing, analysis or research which involves the use, storage or disposal of hazardous material, unless all wastewaters from such activity are lawfully disposed of through a connection to a publicly owned treatment works, and provided that on-site testing of a public supply well by a public water utility is not a regulated activity.
Pest control services which involve storage, mixing or loading of pesticides or other hazardous materials.
Photographic finishing which involves the use, storage or disposal of hazardous materials, unless all wastewater from such activity is lawfully disposed of through a connection to a publicly owned treatment works.
Production or fabrication of metal products which involves the use, storage or disposal of hazardous materials, including metal cleaning or degreasing with industrial solvents, metal plating, or metal etching.
Printing, platemaking, lithography, photoengraving, or gravure, which involves the use, storage or disposal of hazardous materials.
Accumulation or storage of waste oil, antifreeze or spent lead-acid batteries which are subject to a general permit issued by the Commissioner under § 22a-208(i) and § 22a-454(e)(1) of the Connecticut General Statutes.
Production of rubber, resin cements, elastomers or plastic, which involves the use, storage or disposal of hazardous materials.
Storage of de-icing chemicals, unless such storage takes place within a weathertight waterproof structure for the purpose of retail sale or for the purpose of de-icing parking areas or access roads to parking areas.
Accumulation, storage, handling, recycling, disposal, reduction, processing, burning, transfer or composting of solid waste which is subject to a permit issued by the Commissioner pursuant to § 22a-207b, § 22a-208a, and § 22a-208c of the Connecticut General Statutes, except for a potable water treatment sludge disposal area.
Dying, coating or printing of textiles or tanning or finishing of leather, which activity involves the use, storage or disposal of hazardous materials.
Production of wood veneer, plywood, reconstituted wood or pressure-treated wood, which involves the use, storage or disposal of hazardous material.
Pulp production processes that involve bleaching.
As defined in § 22a-133k-1 of the Regulations of Connecticut State Agencies.
STATE AQUIFER PROTECTION REGULATIONS
§ 22a-354i-1 to § 22a-354i-10, inclusive, of the Regulations of Connecticut State Agencies.
The holding or possession of any hazardous material.
A stationary device which is designed to store hazardous materials and is constructed of nonearthen materials, including without limitation concrete, steel, fiberglass or plastic.
An object, whether natural or man-made, located on the earth surface and of sufficient size that it appears on a 1:24,000 scale topographic quadrangle map drawn by the United States Geological Survey.
When referring to a storage tank or storage tank component, that 10% or more of the volumetric capacity of such tank or component is below the surface of the ground and that portion which is below the surface of the ground is not fully visible for inspection.
A "vessel" as defined by § 15-170 of the Connecticut General Statutes and any vehicle propelled or drawn by any nonmuscular power, including without limitation an automobile, aircraft, all-terrain vehicle, tractor, lawn mower or snowmobile.
As defined in § 22a-423 of the Connecticut General Statutes.
As defined in § 22a-354h of the Connecticut General Statutes.
Any map showing zoning districts prepared in accordance with maps adopted pursuant to § 8-3 of the Connecticut General Statutes.
Editor's Note: Section 22a-207b was repealed by P.A. 06-76, § 31.
§ 207-3. Delineation of aquifer protection area boundaries.
The Planning and Zoning Commission shall delineate the aquifer protection areas on the Town of Weston Zoning Map. Such delineation shall consist of the combined areas of contribution and recharge areas as shown on Level A maps approved or prepared by the Commissioner.
Such boundaries shall be delineated within 120 days after being notified by the Commissioner that an aquifer protection area is located partially or entirely within the Town of Weston.
Notice of such delineation shall be published in a newspaper having substantial circulation in the affected area. Such notice shall include at least the following:
A map or detailed description of the subject aquifer protection area; and
The name, telephone number, and address of a representative of the Agency who may be reached for further information.
In order to clarify the location of an aquifer protection area boundary, the Agency may apply to the Commissioner to extend such boundary to coincide with the nearest property line, municipal boundary or topographic feature pursuant to § 22a-354i-4 of the Regulations of Connecticut State Agencies. Such extension shall, at a minimum, fully encompass the aquifer protection areas bounded by the approved Level A mapping but shall not exceed the distance necessary to clarify the location of the aquifer protection area or to facilitate the administration of regulations pertaining thereto. An aquifer protection area boundary may not be extended without prior written approval of the Commissioner.
Any request by the Agency to the Commissioner for extension of an aquifer protection area boundary shall include at least the following:
A map to scale delineating:
The aquifer protection area boundary mapped under § 207-3A of the APA Regulations; and
The proposed extension of the aquifer protection area boundary;
A certification by the Chairperson or duly authorized agent of the Agency that notice of such request has been provided to all owners of property within the proposed extended aquifer protection area and all affected water companies in accordance with the following:
Such notice shall be effectuated by the following:
Delivery of notice by certified mail to those individuals and entities identified in Subsection B(1)(b) of this section; or
The publication of a notice in a newspaper having substantial circulation in the affected area; and posting of notice near the proposed boundaries of the subject aquifer protection area of at least four signs each of which shall be at least four square feet in size two feet by two feet; and
Not later than 60 days after receiving the Commissioner's written approval of a request to extend an aquifer protection area boundary, the Agency shall cause such boundary to be delineated in accordance with Subsection A of this section.
No person may challenge the boundaries of the aquifer protection area under the APA Regulations unless such challenge is based solely on a failure by the Agency to properly delineate the boundaries in accordance with § 22a-354n of the Connecticut General Statutes.
A map of the location and boundaries of the aquifer protection areas, or regulated areas, shall be available for inspection in the office of the Town Clerk or the Agency.
If the Level A mapping is amended in accordance with § 22a-354b-1(i) or § 22a-354b-1(j) of the Regulations of Connecticut State Agencies, the Agency shall cause the amended aquifer protection area boundary to be delineated in accordance with Subsection A or B of this section.
§ 207-4. Prohibited and regulated activities.
All regulated activities are prohibited in aquifer protection areas, except as specified in Subsection B of this section.
The following are not regulated activities:
Any activity conducted at a residence without compensation;
Any activity involving the use or storage of no more than 2.5 gallons of each type of hazardous material on site at any one time, provided that the total of all hazardous materials on site does not exceed 55 gallons at any one time;
Any agricultural activity regulated pursuant to § 22a-354m(d) of the Connecticut General Statutes;
Any activity, provided that all the following conditions are satisfied:
Such activity takes place solely within an enclosed building in an area with an impermeable floor;
Such activity involves no more than 10% of the floor area in the building where the activity takes place;
Any hazardous material used in connection with such activity is stored in such building at all times;
All wastewaters generated by such activity are lawfully disposed through a connection to a publicly owned treatment works; and
Such activity does not involve:
Repair or maintenance of internal combustion engines, including without limitation, vehicles, or equipment associated with such vehicles;
Underground storage of any hazardous material,; or
aboveground storage of more than 110 gallons of hazardous materials;
Any activity solely involving the use of lubricating oil, provided that all the following conditions are satisfied:
Such activity does not involve cleaning of metals with chlorinated solvents at the facility;
Such activity takes place solely within an enclosed building in an area with an impermeable floor;
Any hazardous material used in connection with such activity is stored in such building at all times; and
Such activity does not involve:
Repair or maintenance of internal combustion engines, including without limitation, vehicles, or equipment associated with such vehicles;
Underground storage of any hazardous material; or
Aboveground storage of more than 110 gallons of such lubricating oil and associated hazardous waste; and
Any activity involving the dispensing of oil or petroleum from an aboveground storage tank or tanks with an aggregate volume of 2,000 gallons or less, provided that all the following conditions are satisfied:
Such dispensing activity takes place solely on a paved surface which is covered by a roof;
The aboveground storage tank(s) is a double-walled tank with overfill alarms; and
All associated piping is either above ground or has secondary containment.
Determination of a nonregulated activity.
Any person proposing to carry out a nonregulated activity, as set forth in § 207-4C of these regulations, in an aquifer protection area shall, prior to commencement of such activity, notify the Agency or its duly authorized agent on a form provided by the Agency. Such form shall provide sufficient information to enable the Agency or its duly authorized agent to properly determine that the proposed activity is a regulated activity or a nonregulated activity within the aquifer protection area.
If such activity is determined to be a nonregulated activity, then no further action under the APA Regulations is necessary.
§ 207-5. Activities regulated by the state.
The Commissioner shall exclusively regulate activities within aquifer protection areas that are specified in § 22a-354p(g) of the Connecticut General Statutes. The Agency shall regulate all other regulated activities.
Any person conducting regulated activities that are within the authority of the Commissioner shall submit a registration or obtain a permit or exemption from the Commissioner prior to engaging in such activity. The Commissioner shall process applications for those regulated activities.
The Agency may submit an advisory decision to the Commissioner for consideration on any permit regulated under this section in accordance with the Connecticut General Statutes § 22a-354p(g).
§ 207-6. Application for an exemption from prohibition or regulation.
§ 207-7. General registration, permit application and transfer procedures.
All applications for permits and registrations shall contain sufficient information for a fair and informed determination of the issues. The Agency may request additional information from the applicant for this purpose.
The day of receipt of a registration, permit application or transfer form shall be the day of the next regularly scheduled meeting of the Agency immediately following the day of submission of the application to the Agency or its duly authorized agent or 35 days after such submission, whichever is sooner.
At any time during the review period, the Agency may require the applicant or registrant to provide additional information about the regulated activity. Requests for additional information shall not stay the time limitations for registrations and permits as set forth in §§ 207-8 and 207-9 of the APA Regulations.
All permit applications and registrations shall be open for public inspection.
Incomplete permit applications and registrations may be denied without prejudice.
No permit or registration issued under § 207-8 or 207-9 of the APA Regulations shall be assigned or transferred except with written approval by the Agency.
The Agency shall notify the Town Clerk of any adjoining municipality of the pendency of any application, petition, appeal, request or plan concerning any project on any site in which: 1) any portion of the property affected by a decision of such agency is within 500 feet of the boundary of the adjoining municipality; 2) a significant portion of the traffic to the completed project on the site will use streets within the adjoining municipality to enter or exit the site; 3) a significant portion of the sewer or water drainage from the project on the site will flow through and significantly impact the drainage or sewerage system within the adjoining municipality; or 4) water runoff from the improved site will impact streets or other municipal or private property within the adjoining municipality. Such notice shall be made by certified mail, return receipt requested, and shall be mailed within seven days of the date of receipt of the application, petition, request or plan. Such adjoining municipality may, through a representative, appear and be heard at any hearing on any such application, petition, appeal, request or plan.
§ 207-8. Registration requirements.
The Commissioner shall process registrations for those regulated activities specified in § 22a-354p(g) of the Connecticut General Statutes. The Agency shall process registrations for all other regulated activities.
If the regulated activity is not specified in § 22a-354p(g) of the Connecticut General Statutes, the person engaged in such activity shall submit a registration to the Agency not later than 180 days after adoption of regulations pursuant to § 22a-354p of the Connecticut General Statutes, or the designation of the aquifer protection area pursuant to § 22a-354i-2 of the Regulations of Connecticut State Agencies, whichever occurs later. Said person shall simultaneously file a copy of the registration with the Commissioner, Commissioner of Public Health and the affected water company.
All registrations shall be provided on a form prescribed by the Agency and shall be accompanied by the correct registration fee in accordance with § 207-18 of the APA Regulations. Such registration forms may be obtained from the Agency. Such registration forms shall include at least the following information in writing or on maps or drawings:
The location of such facility, using street address or other appropriate method of location, and a map showing the property boundaries of the facility on a 1:24,000 scale United States Geological Survey topographic quadrangle base;
An identification of the regulated activity or activities conducted at the facility, as described in § 207-2A, definition of "regulated activity," of the APA Regulations, which regulated activity or activities shall consist of any regulated activity which substantially commenced, was in active operation, or, with respect to which a municipal building permit, was issued within the past five years; and
A certification by the registrant that the subject regulated activity is in compliance with the best management practices set forth in § 207-12A of the APA Regulations, as follows, signed after satisfying the statements set forth in the following certification:
| "I have personally examined and am familiar with the information submitted in this registration and all attachments, and I certify, based on reasonable investigation, including my inquiry of those individuals responsible for obtaining the information, the submitted information is true, accurate and complete to the best of my knowledge and belief. I understand that any false statement made in this document or certification may be punishable as a criminal offense under § 53a-157b of the Connecticut General Statutes and any other applicable law." |
|---|
When deemed necessary to protect a public supply well subject to regulation under § 22a-354c or § 22a-354z of the Connecticut General Statutes, the Agency may:
Require, by written notice, any registrant to submit for review and written approval a stormwater management plan prepared in accordance with § 207-12B of the APA Regulations. If so required, the stormwater management plan shall be implemented by the registrant immediately upon its approval; or
Require, by written notice, any registrant to submit for review and written approval the materials management plan prepared in accordance with § 207-12A of the APA Regulations. If so required, the materials management plan shall be implemented by the registrant immediately upon its approval.
If the Agency determines that a registration is incomplete, it shall reject the registration and notify the registrant of what additional information is required and the date by which it shall be submitted.
If the registration is determined to be complete, and the regulated activity is eligible for registration, the Agency shall send written notification of such registration to the registrant. Such registration shall be determined to be complete and eligible if the registrant has not otherwise received a notice of rejection from the Agency, not later than 180 days after the date the registration is received by the Agency.
The following general provisions shall be included in the issuance of all registrations:
The Agency has relied in whole or in part on information provided by the registrant and if such information subsequently proves to be false, deceptive, incomplete or inaccurate, the registration may be modified, suspended or revoked;
All registrations issued by the Agency are subject to and do not derogate any present or future rights or powers of the Commissioner, Agency, or municipality, and convey no rights in real estate or material nor any exclusive privileges, and are further subject to any and all public and private rights and to any federal, state, and municipal laws or regulations pertinent to the subject land or activity;
A complete registration shall expire five years from the date of receipt of such registration by the Agency;
The registrant shall apply to the Agency to renew the registration on a form prescribed by the Agency for a facility prior to expiration of such registration; and
Any person wishing to assume the benefits under a registration for regulated activities shall apply to transfer such registration on a form prescribed by the Agency and submitted to the Agency.
§ 207-9. Permit requirements.
Action shall be taken on permit applications within 65 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. The applicant may consent to one or more extensions of either of these time frames, provided that the total extension of all such periods is 65 days or less.
An application for a permit shall be made on a form prescribed by the Agency and shall be accompanied by the correct application fee in accordance with § 207-18 of the APA Regulations. Such permit application forms may be obtained from the Agency. Simultaneously with filing an application, the applicant shall send a copy of the application to the Commissioner, the Commissioner of Public Health and the affected water company. An application shall include the following information:
The information as required for a registration under § 207-8B of the APA Regulations shall be provided for the proposed regulated activity;
A confirmation and certification that the existing and proposed activity:
Remains and shall remain in compliance with § 207-12A of the APA Regulations;
Shall not increase the number of underground storage tanks used for storage of hazardous materials; and
Remains and shall remain in compliance with all local, state, and federal environmental laws;
A materials management plan in accordance with § 207-12A of the APA Regulations;
A stormwater management plan in accordance with § 207-12B of the APA Regulations;
The following environmental compliance information with respect to environmental violations which occurred at the facility where the regulated activities are conducted within the five years immediately preceding the date of the application:
Any criminal conviction involving a violation of any environmental protection law;
Any civil penalty imposed in any state or federal judicial proceeding, or any penalty exceeding $5,000 imposed in any administrative proceeding; and
Any judicial or administrative orders issued regarding any such violation, together with the dates, case or docket numbers, or other information which identifies the proceeding. For any such proceeding initiated by the state or federal government, the Agency may require submission of a copy of any official document associated with the proceeding, the final judgment or order;
Any additional information deemed necessary by the Agency regarding potential threats to the groundwater and proposed safeguards; and
The following certification signed by the applicant and the individual responsible for preparing the application, after satisfying the statements set forth in the certification:
| "I have personally examined and am familiar with the information submitted in this document and all attachments, and I certify, based on reasonable investigation, including my inquiry of those individuals responsible for obtaining the information, the submitted information is true, accurate and complete to the best of my knowledge and belief. I understand that any false statement made in the submitted information is punishable as a criminal offense under § 53a-157b of the Connecticut General Statutes and any other applicable law." |
|---|
The Agency may hold a public hearing on an application for a permit in accordance with § 207-10 of the APA Regulations.
The Agency shall not issue a permit unless a complete application has been received and the applicant demonstrates to the Agency's satisfaction that all requirements of this section have been satisfied and all of the following standards and criteria have been met:
The proposed regulated activity shall not increase the number, or storage capacity of underground storage tanks used for hazardous materials except for the replacement of an existing underground storage tank in accordance with § 207-12A(3) of the APA Regulations;
The materials management plan and stormwater management plan have been satisfactorily prepared in accordance with § 207-12A and B of the APA Regulations;
The applicant has submitted a confirmation and certification that all regulated activities remain and shall remain in compliance with all local, state and federal environmental laws in accordance with Subsection D(2) of this section;
The applicant's compliance record does not indicate:
That any noncompliance resulted from indifference to or disregard for the legal requirements;
An unwillingness or inability to devote the resources necessary to comply and remain in compliance; or
That instances of noncompliance have led to serious environmental harm, harm to human health or safety, or a substantial risk of such harm;
The proposed regulated activity shall be conducted in accordance with § 207-12 of the APA Regulations;
The existing regulated activity is being conducted in accordance with § 207-12 of the APA Regulations; and
The certification required under Subsection D(7) of this section has been signed by the applicant and the individual responsible for preparing the application.
The Agency may impose reasonable conditions or limitations on any permit issued under this section to assure protection of the groundwater, including but not limited to the following:
Best management practices in addition to those set forth in § 207-12 of the APA Regulations; and
Groundwater monitoring.
The following general provisions shall be included in the issuance of all permits:
The Agency has relied in whole or in part on information provided by the applicant and if such information subsequently proves to be false, deceptive, incomplete or inaccurate, the permit may be modified, suspended or revoked;
All permits issued by the Agency are subject to and do not derogate any present or future rights or powers of the Commissioner, Agency, or municipality, and convey no rights in real estate or material nor any exclusive privileges, and are further subject to any and all public and private rights and to any federal, state, and municipal laws or regulations pertinent to the subject land or activity;
The permit shall expire 10 years from the date of issuance of such permit by the Agency; and
A person shall apply to the Agency to renew the permit on a form prescribed by the Agency prior to expiration of such permit. Such renewal shall be granted upon request by the Agency unless a substantial change in the permitted activity is proposed, or enforcement action with regard to the regulated activity has been taken, in which case, a new permit application shall be submitted and reviewed in accordance with the provisions of this section.
The Agency shall notify the applicant or permittee within 15 days of the date of the decision by certified mail, return receipt requested, and the Agency shall cause notice of its order in issuance or denial of a permit to be published in a newspaper having a general circulation in the municipality in which the aquifer protection area is located.
A permittee may request a modification of a permit from the Agency. Such request shall be on a form prescribed by the Agency and shall include the facts and reasons supporting the request. The Agency may require the permittee to submit a new application for a permit or renewal in lieu of a modification request.
A person wishing to assume the benefits under a permit for regulated activities shall apply to transfer such permit on a form prescribed by the Agency and submitted to the Agency.
§ 207-10. Public hearings regarding permit applications.
If the Agency decides to hold a public hearing regarding an application for a permit to conduct a regulated activity within an aquifer protection area, such hearing shall commence no later than 65 days after the receipt of 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 less 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 each city/town where the affected aquifer, or any part thereof, is located.
The Agency shall send to any affected water company, at least 10 days before the hearing, a copy of the notice by certified mail, return receipt requested. Any affected water company may, through a representative, appear and be heard at any such hearing.
All applications, 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 35 days of its commencement.
The applicant may consent to an extension of the time frames in Subsections A or F of this section, provided that the total extension of all such periods, including any extensions provided in § 207-9C, totals 65 days or less.
In reaching its decision on any application after a public hearing, the Agency shall base its decision on the record of that hearing. Documentary evidence or other material not in the hearing record shall not be considered by the Agency in its decision.
The applicant or permittee shall be notified of the Agency's decision in accordance with § 207-9K of the APA Regulations.
§ 207-11. Bond and insurance relevant to permit applicants.
§ 207-12. Best management practices.
Every regulated activity shall be conducted in accordance with the following:
Hazardous materials may be stored above ground within an aquifer protection area only in accordance with the following conditions:
Hazardous material shall be stored in a building or under a roof that minimizes stormwater entry to the hazardous material storage area, except that a roof is not required for a bulk storage facility as defined in § 207-2 of the APA Regulations;
Floors within a building or under a roof where hazardous material may be stored shall be constructed or treated to protect the surface of the floor from deterioration due to spillage of any such material;
A structure which may be used for storage or transfer of hazardous material shall be protected from stormwater run-on, and groundwater intrusion;
Hazardous material shall be stored within an impermeable containment area which is capable of containing at least the volume of the largest container of such hazardous material present in such area, or 10% of the total volume of all such containers in such area, whichever is larger, without overflow of released hazardous material from the containment area;
Hazardous material shall not be stored with other hazardous materials that are incompatible and may create a hazard of fire, explosion or generation of toxic substances;
Hazardous material shall be stored only in a container that has been certified to meet state or federal specifications for containers suitable for the transport or storage of such material;
Hazardous material shall be stored only in an area that is secured against unauthorized entry by the public; and
The requirements of this subsection are intended to supplement, and not to supersede, any other applicable requirements of federal, state, or local law, including applicable requirements of the Resource Conservation and Recovery Act of 1976;
No person shall increase the number of underground storage tanks used to store hazardous materials;
An underground storage tank used to store hazardous materials shall not be replaced with a larger tank unless A) there is no more than an increase of 25% in volume of the larger replacement tank, and B) the larger replacement tank is a double-walled tank with coaxial piping, both meeting new installation component standards pursuant to § 22a-449(d)-1(e) and § 22a-449(d)-102 of the Regulations of Connecticut State Agencies, and with interstitial monitoring;
No person shall use, maintain or install floor drains, dry wells or other infiltration devices or appurtenances which allow the release of wastewaters to the ground, unless such release is permitted by the Commissioner in accordance with § 22a-430 or § 22a-430b of the Connecticut General Statutes; and
A materials management plan shall be developed and implemented in accordance with the following:
A materials management plan shall contain, at a minimum, the following information with respect to the subject regulated activity:
A pollution prevention assessment consisting of a detailed evaluation of alternatives to the use of hazardous materials or processes and practices that would reduce or eliminate the use of hazardous materials, and implementation of such alternatives where possible and feasible;
A description of any operations or practices which may pose a threat of pollution to the aquifer, which shall include the following:
A process flow diagram identifying where hazardous materials are stored, disposed and used, and where hazardous wastes are generated and subsequently stored and disposed;
An inventory of all hazardous materials which are likely to be or will be manufactured, produced, stored, utilized or otherwise handled; and
A description of waste, including wastewaters generated, and a description of how such wastes are handled, stored and disposed;
The name, street address, mailing address, title and telephone number of the individual(s) responsible for implementing the materials management plan and the individual(s) who should be contacted in an emergency;
A recordkeeping system to account for the types, quantities, and disposition of hazardous materials which are manufactured, produced, utilized, stored, or otherwise handled or which are discharged or emitted; such recordkeeping system shall be maintained at the subject facility and shall be made available thereat for inspection during normal business hours by the Commissioner and the Municipal Aquifer Protection Agency; and
An emergency response plan for responding to a release of hazardous materials. Such plan shall describe how each such release could result in pollution to the underlying aquifer and shall set forth the methods used or to be used to prevent and abate any such a release;
When a materials management plan is required under either § 207-8C or 207-9D of the APA Regulations, such materials management plan shall be completed and certified by a professional engineer or a certified hazardous materials manager, or, if the facility where the regulated activity is conducted has received and maintained an ISO 14001 environmental management system certification, then the registrant may complete and certify the materials management plan; and
The materials management plan shall be maintained at the subject facility and shall be made available thereat for inspection during normal business hours by the Commissioner and the Municipal Aquifer Protection Agency.
The development and implementation of a stormwater management plan required for regulated activities in accordance with §§ 207-8C and 207-9D of the APA Regulations, shall be as follows: A stormwater management plan shall assure that stormwater runoff generated by the subject regulated activity is:
Managed in a manner so as to prevent pollution of groundwater; and
shall comply with all of the requirements for the general permit of the discharge of stormwater associated with a commercial activity issued pursuant to § 22a-430b of the Connecticut General Statutes.
§ 207-13. Other state, federal and local laws.
Nothing in these regulations shall obviate the requirement for the applicant to obtain any other assents, permits or licenses required by law or regulation by the Town of Weston, State of Connecticut and the Government of the United States including any approval required by the Connecticut Department of Energy and Environmental Protection and the U.S. Army Corps of Engineers and the United States Environmental Protection Agency. Obtaining such assents, permits or licenses are the sole responsibility of the applicant.
No person shall conduct any regulated activity within an aquifer protection area 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 Town of Weston Zoning or Subdivision Regulations.
Editor's Note: See Ch. 240, Zoning Regulations, and Ch. 230, Subdivision Regulations.
§ 207-14. Enforcement.
The Agency may appoint a duly authorized agent to act in its behalf with the authority to issue notices of violation or cease and desist orders.
If the Agency or its duly authorized agent finds that any person is conducting or maintaining any activity, facility or condition which violates any provision of these regulations, the Agency or its duly authorized agent may:
Issue a notice of violation.
The notice of violation shall state the nature of the violation, the jurisdiction of the Agency, and the necessary action required to correct the violation, including without limitation halting the activity in the aquifer protection area.
The Agency may request that the person appear at the next regularly scheduled meeting of the Agency to discuss the unauthorized activity and/or provide a written reply to the notice or file an application for the necessary permit or registration. Failure to carry out the action(s) directed in a notice of violation may result in issuance of an order under Subsection B(2) of this section or other enforcement proceedings as provided by law.
Issue a written order.
Such order shall be issued by certified mail, return receipt requested to such person conducting such activity or maintaining such facility or condition to cease such activity immediately or to correct such facility or condition. The Agency shall send a copy of such order to any affected water company by certified mail, return receipt requested.
Within 10 days of the issuance of such order, the Agency shall hold a hearing to provide the person an opportunity to be heard and show cause why the order should not remain in effect. Any affected water company may testify at the hearing. The Agency shall consider the facts presented at the hearing and, within 10 days of the completion of the hearing, notify the person by certified mail, return receipt requested, that the original order remains in effect, that a revised order is in effect, or that the order has been withdrawn.
Suspend or revoke registration or permit.
The Agency shall hold a hearing to provide the registrant or permittee an opportunity to show that it is in compliance with its registration or permit. The Agency shall notify the registrant or permittee of its decision by certified mail within 15 days of the date of its decision. The Agency shall publish notice of a suspension or revocation in a newspaper having general circulation in the Town of Weston.
An order issued pursuant to Subsection B(2) of this section shall be effective upon issuance, shall remain in effect until the Agency affirms, revises, or withdraws the order, and shall not delay or bar an action pursuant to Subsection B(3) of this section.
A court may assess criminal and or civil penalties to any person who commits, takes part in, or assists in any violation of any provision of the APA Regulations in accordance with § 22a- 354s(b) and § 22a-354s(c) of the Connecticut General Statutes.
§ 207-15. Amendments.
These regulations may be amended, changed or repealed in accordance with § 22a-354p(b) of the Connecticut General Statutes.
If a complete application is filed with the Agency which is in conformance with the APA Regulations as of the date of its filing, the permit issued shall not be required to comply with any changes in regulations taking effect on or after the filing date. The provisions of this section shall not apply to the establishment, amendment, or change of the boundaries of the aquifer protection area or to any changes in the APA Regulations necessary to make the regulations consistent with Chapter 446i of the Connecticut General Statutes as of the date of the Agency's decision.
§ 207-16. Appeals.
Appeal of the Agency's regulation, order, decision or action shall be made in accordance with § 22a-354q of the Connecticut General Statutes.
§ 207-17. Conflict and severance.
If there is a conflict between the provisions of the APA Regulations, the provision that imposes the most stringent standards shall govern. The invalidity of any word, clause, sentence, section, part, subsection, subdivision or provision of these regulations shall not affect the validity of any other part that can be given effect without such valid part or parts.
If there is a conflict between the provisions of the APA Regulations and the Act, the provisions of the Act shall govern.
§ 207-18. Registration and permit application fees.
All fees required by these regulations shall be submitted to the Agency by certified check or money order payable to the Town of Weston at the time the registration or permit application is filed with the Agency.
No registration or permit application shall be granted or approved by the Agency unless the correct registration/application fee is paid in full or unless a waiver has been granted by the Agency pursuant to Subsection F of this section.
The registration or permit application fee is nonrefundable.
Registration or permit application fees shall be based on the fee schedule set forth in Chapter 70, Article I, Land Use Fees, effective July 1, 2006.
Boards, commissions, councils and departments of the Town of Weston are exempt from all fee requirements.
The registrant or applicant may petition the Agency to waive, reduce or allow delayed payment of the fee. Such petitions shall be in writing and shall state fully the facts and circumstances the Agency should consider in its determination under this section. The Agency may waive all or part of the application fee if the Agency determines that:
The activity applied for would clearly result in a substantial public benefit to the environment or to the public health and safety and the registrant or applicant would reasonably be deterred from initiating the activity solely or primarily as a result of the amount of the registration or permit application fee; or
The amount of the registration or permit application fee is clearly excessive in relation to the cost to the city/town for reviewing and processing the application.
Extra assessments.
In the event that additional expenses, including but not limited to outside consultants, experts, or legal advisors, are incurred in processing the registration or permit application, the applicant/registrant may be assessed an additional fee in accordance with the support service fee in Chapter 70, Article I, Land Use Fees, effective July 5, 2007, to cover said costs. Said fees are to be estimated by a qualified party or expert and submitted with the application fee and held until the application is completely processed after which time any residual funds pertaining to this assessment are to be returned to the applicant/registrant.
For the purpose of this assessment, an "outside consultant" means a professional who is not an employee of the Town of Weston, including but not limited to engineering, environmental, hydrogeology and hazardous materials management professionals.
The Agency shall state upon its record the basis for all actions under this section.
§ 207-19. Effective date of regulations.
The APA Regulations, APA boundaries and amendments thereto shall become effective upon:
Floodplain Management
Chapter 212. Floodplain Management Regulations
[HISTORY: Adopted by the Planning and Zoning Commission of the Town of Weston 6-7-2010, effective 6-18-2010; amended 2-7-2011, effective 2-17-2011. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Emergency and disaster planning — See Ch. 61.
South Western Regional Planning Agency — See Ch. 167.
Aquifer protection area regulations — See Ch. 207.
Inland wetlands and watercourses regulations — See Ch. 225.
Zoning regulations — See Ch. 240.
§ 212-1. Authority and purpose.
The Weston Planning and Zoning Commission of the Town of Weston, Connecticut, hereby adopts these Floodplain Regulations in accordance with the purposes, authority, and requirements of Title 7, Chapter 98, § 7-148(c)(7)(A), and Title 8, Chapter 124, § 8-2, of the General Statues of the State of Connecticut, as amended.
These regulations are designed to promote the public health, safety and welfare by minimizing public and private losses due to flood conditions in areas of Weston known as special flood hazard areas. Building in special flood hazard areas will be controlled to gain greater protection from flooding, limit damage to private property, and ensure continued eligibility of owners of property in Weston for participation in the National Flood Insurance Program.
The Weston Planning and Zoning Commission (the local administrator) shall administer Weston's Floodplain Management Regulations.
§ 212-2. Delineation of flood zone.
The Flood Zone includes all special flood hazard areas identified by the Federal Emergency Management Agency (FEMA) in its Flood Insurance Study (FIS) for Fairfield County, Connecticut, dated June 18, 2010, and accompanying Flood Insurance Rate Maps (FIRM), dated June 18, 2010, and other supporting data applicable to the Town of Weston, and any subsequent revisions thereto, which are adopted by reference and declared to be part of this regulation. Since mapping is legally adopted by reference into this regulation it must take precedence when more restrictive until such time as a map amendment or map revision is obtained from FEMA. The special flood hazard areas include any area shown on the FIRM as Zones A (unnumbered) and AE, including areas designated as a floodway on a FIRM. Special flood hazard areas are determined utilizing the base flood elevations (BFE) provided on the flood profiles in the FIS for a community. BFEs provided on a FIRM are only approximate (rounded up or down) and should be verified with the BFEs published in the FIS for a specific location. The FIRM and FIS are on file with the Town of Weston.
In those areas where base flood elevations and floodway data have been clearly established by the federal study, the local administrator shall obtain, review and reasonably utilize any data available from a federal, state or other source as the basis for applying the standards contained in Article III. When utilizing data other than that provided by the Federal Emergency Management Agency, the area chosen for the regulatory floodway must be designed to carry the waters of the base flood without increasing the water surface elevation of that flood more than one foot at anyone point
§ 212-3. Definitions.
The flood (one-hundred-year storm) which has a one-percent or greater chance of occurring in any given year.
That portion of a building having its floor subgrade (below ground level) on all sides.
See definition for "structure."
As related to substantial improvements, the cost of any reconstruction, rehabilitation, addition, alteration, repair or other improvement of a structure shall be established by a detailed written contractor's estimate. The estimate shall include, but not be limited to, the cost of materials (interior finishing elements, structural elements, utility and service equipment); sales tax on materials, building equipment and fixtures, including heating and air conditioning and utility meters; labor; built-in appliances; demolition and site preparation; repairs made to damaged parts of the building worked on at the same time; contractor's overhead; contractor's profit; and grand total. Items to be excluded include cost of plans and specifications, survey costs, permit fees, outside improvements such as septic systems, water supply wells, landscaping, sidewalks, fences, yard lights, irrigation systems and detached structures such as garages, sheds and gazebos.
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, as a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date, December 4, 1978, of the Floodplain Management Ordinance adopted by the community.
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets and either final site grading or the pouring of concrete pads).
Any man-made change to improved or unimproved real estate including but not limited to the construction of buildings or structures; the construction of additions, alterations or substantial improvements to buildings or structures; mining, dredging, filling, grading, paving, excavating or drilling operations or storage of equipment; the storage, deposition or extraction of materials; and the installation, repair or removal of public sewage disposal systems or water supply facilities located in special flood hazard areas.
FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA)
The federal agency that administers the National Flood Insurance Program (NFIP).
A general and temporary condition of partial or complete inundation of normal dry land areas from the overflow of inland waters and/or the unusual and rapid accumulation of runoff of surface waters or mudflow from any source.
FLOOD INSURANCE RATE MAPS (FIRM)
The official map of a community on which the Federal Emergency Management Agency (FEMA) has delineated both the special flood hazard areas (one-hundred-year floodplain) and the insurance risk premium zones applicable to a community.
The official study of a community in which the Federal Emergency Management Agency (FEMA) has conducted an examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations.
All land area, including structures thereon, which is subject to one-percent chance of flooding in any given year.
The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.
The area in the special flood hazard area that does not include the floodway.
FUNCTIONALLY DEPENDENT USE OR FACILITY
A use or facility that cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities. The term does not include seafood processing facilities, long-term storage, manufacturing, sales or service facilities.
Any structure that is:
Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or
Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
By an approved state program as determined by the Secretary of the Interior; or
Directly by the Secretary of the Interior in states without approved programs.
The Weston Planning and Zoning Commission is the local administrator of Weston's Floodplain Management Regulations.
The floor of the lowest enclosed area including the basement. An unfinished enclosure or enclosure resistant to flood damage, usable solely for parking of vehicles, building access or storage, in an area other than a basement area is not considered a building's lowest floor. Such areas, however, must be designed in accordance with § 212-12D of these regulations.
A structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities, including recreational vehicles and similar transportable structures placed on a site for 180 consecutive days or longer.
MANUFACTURED HOME PARK OR SUBDIVISION
A parcel or contiguous parcels of land divided into two or more manufactured home lots for rent or sale.
The market value of the structure determined by the property's tax assessment, minus land value, prior to the start of the initial repair or improvement, or in the case of damage, the value of the structure prior to the damage occurring.
NEW MANUFACTURED HOME PARK OR SUBDIVISION
A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets and either final site grading or the pouring of concrete pads) is completed on or after the effective date, December 4, 1978, of the Floodplain Management Regulations adopted by the community.
Structures for which the start of construction commenced on or after December 4, 1978, the effective date of the Floodplain Management Regulations, and includes any subsequent improvements to such structures.
Drawing showing vertical sections of the flood hazard zone, including base flood elevations measured from mean sea level.
A vehicle which is a) built on a single chassis; b) 400 square feet or less when measured at the largest horizontal projection; c) designed to be self-propelled or permanently towable by a light-duty truck; and d) designed primarily not for use as a permanent dwelling but as a temporary living quarters for recreational, camping, travel or seasonal use.
SPECIAL FLOOD HAZARD AREA (a/k/a SPECIAL FLOOD HAZARD ZONE)
The land in the floodplain within a community subject to a one-percent or greater chance of flooding in any given year. Areas of special flood hazard area determined utilizing the base flood elevations (BFE) provided on the flood profiles in the Flood Insurance Study (FIS) for a community. BFEs provided on Flood Insurance Rate Maps (FIRM) are only approximate (rounded up or down) and should be verified with the BFEs published in the FIS for a specific location. Areas of special flood hazard include, but are not necessarily limited to, the land shown as Zones A and AE on a FIRM.
Includes substantial improvement and means the date the building permit was issued, provided that the actual start of construction, repair, reconstruction, or improvement was within six months of the permit date. The actual start means the first placement of permanent construction of a structure (including a manufactured home) on a site, such as the pouring of slabs or footings, installation of piles, construction of columns or any work beyond the state of excavation or placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footing, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
A walled and roofed building, including gas or liquid storage tank that is principally above ground, as well as a manufactured home.
Any combination of repairs, reconstruction, rehabilitation, alterations, additions or other improvement of a structure (taking place within a ten-year period), the cumulative cost of which equals or exceeds 50% of the market value of the structure before start of construction of the improvement. This term includes structures which have incurred substantial damage, regardless of the actual repair work performed. For purposes of this definition, substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either:
Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local Code Enforcement Official and which are the minimum necessary to assure safe living conditions; or
Any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure.
Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.
Failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without required permits, lowest floor elevation documentation, floodproofing certificates or required floodway encroachment calculations is presumed to be in violation until such time that documentation is provided.
§ 212-4. Preliminary discussion.
To provide helpful guidelines to applicants, informal discussion of flood zone development plans between the applicant and the Town Engineer and Land Use Director is encouraged.
§ 212-5. Permit required.
A flood zone development permit shall be obtained from the local administrator before any site preparation or development begins within any special flood hazard area. A flood zone development permit application shall be approved prior to the issuance of a driveway, building, fill or zoning permit. Application forms are available at the office of the Weston Planning and Zoning Commission.
§ 212-6. Fee.
An application fee based on the fee schedule set forth in Chapter 70, Fees, Article I, Land Use Fees, effective July 1, 2006, as amended shall be collected with each application for a flood zone development permit.
§ 212-7. Application.
A flood zone development permit application shall be completed, and shall include:
Application form and fee. A completed application on the form approved by the local administrator and payment of the applicable fee shall be provided.
Project description. A short, clear and complete written description of the proposed activity shall be provided.
Watercourse alteration detail. The applicant shall provide the details of any proposed alteration of a watercourse in the special flood hazard area, and measures to be taken to ensure that the previous flood-carrying capacity of the watercourse will be maintained.
§ 212-8. Certifications.
§ 212-9. Further information.
The local administrator may require the applicant to provide further maps, drawings, surveys and similar information to ensure compliance with these regulations.
§ 212-10. Applicability.
The following regulations apply within Zone AE and unnumbered Zone A.
§ 212-11. Construction in special flood hazard areas.
New construction or substantial improvement of any residential or nonresidential structure shall have the lowest floor elevated one foot or more above the base flood elevation.
§ 212-12. Building standards.
Within Zones AE and in unnumbered A Zones, the following standards must be met prior to issuing permits for any proposed construction or development:
Anchoring. All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.
Construction materials and methods. All new construction or substantial improvements shall be constructed with materials and utility equipment resistant to flood damage and shall use methods and practices that minimize flooding and flood damage.
Utilities. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwater into the systems. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharge from the systems into floodwaters. On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. Electrical, heating, ventilation, plumbing, air conditioning equipment, HVAC ductwork and other service facilities, or any machinery or utility equipment or connections servicing a structure shall be elevated to or above the base flood elevation (BFE) to prevent water from entering or accumulating within the components during conditions of flooding.
Areas below the lowest floor. For all new construction and substantial improvements, fully enclosed areas below the lowest floor are usable solely for the parking of vehicles, building access or storage other than basements and shall be designed to allow automatic entry and exit of floodwaters to equalize hydrostatic flood forces on exterior walls. Electrical, plumbing, HVAC ductwork, machinery and other utility equipment or connections are prohibited below the base flood elevation. Designs for meeting this requirement must either be certified by a professional engineer or architect or must meet or exceed the following minimum criteria:
Provide a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding;
The bottom of all openings shall be no higher than one foot above grade; and
Openings may be equipped with screens, louvers, valves or other coverings or devices. provided that they permit the automatic entry and exit of floodwaters.
§ 212-13. Floodway standards, equal conveyance and compensatory storage.
In A Zones where base flood elevations have been determined, but before a floodway is designated, no new construction, substantial improvements or other development (including fill) will be permitted which would increase base flood elevations more than one foot at any point along the watercourse when all anticipated development is considered cumulatively with the proposed development.
Equal conveyance. Within the floodplain, except those areas which are tidally influenced, as designated on the Flood Insurance Rate Map (FIRM) for the community, encroachments resulting from filling, new construction or substantial improvements involving an increase in footprint of the structure are prohibited unless the applicant provides a certification by a registered professional engineer demonstrating, with supporting hydrologic and hydraulic analyses performed in accordance with standard engineering practice, that such encroachments shall not result in any (0.00 feet) increase in flood levels (base flood elevation). Work within the floodplain and the land adjacent to the floodplain, including work to provide compensatory storage shall not be constructed in such a way as to cause an increase in flood stage or flood velocity.
Compensatory storage. The water-holding capacity of the floodplain, except those areas which are tidally influenced, shall not be reduced. Any reduction caused by filling, new construction or substantial improvements involving an increase in footprint to the structure shall be compensated for by deepening and/or widening of the floodplain. Storage shall be provided on site, unless easements have been gained from adjacent property owners; it shall be provided within the same hydraulic reach and a volume not previously used for flood storage; it shall be hydraulically comparable and incrementally equal to the theoretical volume at each elevation, up to and including the one-hundred-year flood elevation, which would be displaced by the proposed project. Such compensatory volume shall have an unrestrained hydraulic connection to the same waterway or water body. Compensatory storage can be provided off site if approved by the municipality.
§ 212-14. Portion of structure in flood zone.
If any portion of a structure lies within the Special Flood Hazard Area (SFHA), the structure is considered to be in the SFHA. The entire structure must meet the construction requirements of the flood zone. The structure includes any attached additions, garages, decks, sunrooms or any other structure attached to the main structure. Decks or porches that extend into a more restrictive flood zone will require the entire structure to meet the standards of the more restrictive zone.
§ 212-15. Structures in two flood zones.
If a structure lies within two or more flood zones, the construction standards of the most restrictive zone apply to the entire structure (i.e., V Zone is more restrictive than A Zone; structure must be built to highest BFE). The structure includes any attached additions, garages, decks, sunrooms or any other structure attached to the main structure. (Decks or porches that extend into a more restrictive zone will require the entire structure to meet the requirements of the more restrictive zone.)
§ 212-16. No structures entirely or partially over water.
New construction, substantial improvements and repair to structures that have substantial damage cannot be constructed or located entirely or partially over water unless it is a functionally dependent use or facility.
§ 212-17. Reconstruction.
Structures which do not meet the requirements of this Article III, may not be rebuilt in kind, but must be made to conform to all the requirements of this regulation.
§ 212-18. Fill placement standards in special flood hazard area.
The following standards apply to all fill activities in the special flood hazard area:
Fill material, upon which structures will be constructed or placed, must be compacted to maximum dry density obtainable with the Standard Proctor Test method according to the ASTM Standard D-698 or an acceptable equivalent method. Fill soils must be fine-grained soils of low permeability, such as those classified as CH, CL, SC, or ML according to ASTM Standard D-2487, Classification of Soils for Engineering Purposes.
Fill slopes shall not be steeper than one foot vertical to two feet horizontal.
Adequate protection against erosion and scour is provided for fill slopes. When expected velocities during the occurrence of the base flood of five feet per second armoring with stone or rock protection shall be provided. When expected velocities during the base flood are five feet per second or less, protection shall be provided by covering them with vegetative cover.
Fill shall be composed of clean granular or earthen material. Fill material must be homogeneous and isotropic. The soil must be all of one material, and the engineering properties must be the same in all directions.
§ 212-19. Alteration of watercourse.
The applicant shall demonstrate that the flood-carrying capacity of the modified watercourse shall not be diminished. The applicant shall notify and gain appropriate approval from the Weston Conservation Commission, adjacent communities, the Connecticut Department of Energy and Environmental Protection, Inland Water Resources Division, the Army Corps of Engineers and the Federal Emergency Management Agency (FEMA) prior to approval of any alteration or relocation of any such watercourse by the local administrator.
§ 212-20. Hazardous materials.
Toxic chemicals and hazardous materials, as defined in any federal or State of Connecticut statute, rules or regulations which are administered by the Environmental Protection Agency or Department of Energy and Environmental Protection shall not be stored in a special flood hazard area below the base flood elevation.
§ 212-21. Aboveground storage tanks.
Aboveground storage tanks (oil, propane, etc.) which are located outside or inside the structure must either be elevated above the base flood elevation (BFE) on a concrete pad, or be structurally anchored with tie-down straps to prevent flotation or lateral movement, have the top of the fill pipe extended above the BFE and have a screw fill cap that does not allow for the infiltration of fill water.
§ 212-22. Manufactured homes and recreational vehicles.
Manufactured homes (as defined in § 212-3) are prohibited from being placed in a special flood hazard area throughout the Town of Weston. This includes manufactured homes located outside a manufactured home park or subdivision, in a new manufactured home park or subdivision, in an existing manufactured home park or subdivision, in an expansion to an existing manufactured home park or subdivision, or on a site in an existing park in which a manufactured home has incurred substantial damage as a result of a flood. Recreational vehicles in special flood hazard areas shall be on the site for less than 180 consecutive days and be fully licensed and ready for highway use. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick-disconnect-type utilities and security devices and has no permanently attached additions.
§ 212-23. Authority and responsibility.
§ 212-24. Files.
The local administrator shall obtain and maintain on file all data provided with permit applications and as-built lowest floor elevations for all new construction or substantially improved structures in the special flood hazard area. These files shall be available for public inspection and shall include base flood and elevations data required by these regulations.
§ 212-25. Appeals and variances.
Appeals from decisions of the local administrator, or its agent, and requests for variances from the Floodplain Management Regulations shall be heard and decided by the Zoning Board of Appeals of the Town of Weston. In reviewing variance applications or appeals, the Zoning Board of Appeals shall examine the hardships based upon the following criteria:
A showing of good and sufficient cause;
A determination that failure to grant the variance would result in exceptional hardship; and
A determination that the granting of a variance will not result in increased flood heights, additional threats to the public safety, extraordinary public expense or create nuisances.
Any applicant to whom a variance is granted shall be given written notice specifying the difference between the base flood elevation and the elevation to which the structure is to be built and stating that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.
The local administrator shall maintain the records of all appeal actions and report any variances to the Federal Emergency Management Agency (FEMA) in its biennial report.
§ 212-26. Field inspections.
The local administrator shall make provisions for field inspections in cases where it is necessary to decide a conflict between flood maps and conditions in the field. Such decisions may be made without a public hearing.
§ 212-27. Amendments.
These regulations may be amended, changed or repealed in accordance with Chapters 124 and 126 of the Connecticut General Statutes.
§ 212-28. Adjacent municipalities.
§ 212-29. Warning and disclaimer of liability.
The degree of flood protection required by this regulation is considered the minimum reasonable for regulatory purposes and is based on scientific and engineering consideration and research. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This regulation does not imply or guarantee that land outside the special flood hazard area or uses permitted in such areas will be free from flooding and flood damages. This regulation shall not create liability on the part of Town of Weston or by any officer or employee thereof for any flood damages that result from reliance on this regulation or any administrative decision lawfully made thereunder. The Town of Weston, its officers and employees shall assume no liability for another person's reliance on any maps, data or information provided by the Town of Weston.
§ 212-30. Severability.
If any section, subsection, paragraph, sentence, clause or phrase of this regulation should be declared invalid for any reason whatsoever, such decision shall not affect the remaining portions of this regulation, which shall remain in full force and effect, and to this end the provisions of this regulation are hereby declared to be severable.
§ 212-31. Abrogation and greater restrictions.
This regulation is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this regulation and another ordinance, regulation, easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
§ 212-32. Interpretation.
In the interpretation and application of this regulation, all provisions shall be:
Considered as minimum requirements;
Liberally construed in favor of the governing body; and
Deemed neither to limit nor repeal any other powers granted under state statutes.
§ 212-33. Enforcement.
Enforcement of these floodplain regulations, including penalties for violation, is subject to regulation through the Town of Weston's Zoning Regulations, Article X, of Chapter 240.
Groundwater Heat Pumps
Chapter 87. Groundwater Heat Pumps
[HISTORY: Adopted by the Town of Weston 1-4-1982, effective 2-4-1982 (Ch. 7.5, Art. II, of the 1981 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Aquifer protection area regulations — See Ch. 207.
Inland wetlands and watercourses regulations — See Ch. 215.
§ 87-1. Purpose.
The Board of Selectmen of the Town of Weston, Connecticut, hereby adopts these regulations in furtherance of its commitment to protect and preserve an adequate potable water supply from its underground water resources and to protect and preserve its watercourses and wetlands. More specifically, regulation of groundwater heat pumps is deemed necessary in furtherance of that commitment in order to:
Protect and preserve the quality and quantity of the Town's underground water supply;
Protect and preserve watercourses and wetlands from adverse effects of unnatural changes in water temperature and/or volume;
Protect soils from erosion and subsidence; and
Prevent ponding of waters not of a natural origin.
§ 87-2. Definitions.
The Conservation Commission.
Includes a heat transfer system dependent upon the principle of using constant-temperature groundwater in conjunction with a heat exchanger that contributes wholly or in part to the heating or cooling system of a residence.
§ 87-3. Disclaimer of liability.
These regulations governing the use of groundwater heat pumps and the granting of any permit are not intended and shall not be construed as an approval or endorsement of any proposed system or any particular equipment. Rather, these regulations are intended solely to prohibit the use of any groundwater heat pump which does not meet the minimal requirements set forth in these regulations for issuance of a permit. In granting any such permit, the Town of Weston and its agencies and agents specifically disclaim any responsibility for the installation, proper performance or functioning of any equipment or system, present or future.
§ 87-4. License required; exemption.
Subsequent to the ratification of this regulation, groundwater heat pumps within the Town are prohibited except as they may be licensed as herein provided.
Licensing shall be based upon a determination of favorable hydrogeologic conditions and construction design relative to each property for which an application is made. Preliminary testing for all such installations shall be required to reasonably assure that an adequate supply of groundwater is now and will remain available and that the dispersion or return of used water to the aquifer will be undertaken in a manner which poses no unnatural and/or undesirable changes to the quality of the return waters or to the soils, wetlands or watercourses.
In no case shall direct discharge of used water from a groundwater heat pump installation be permitted into swamps, bogs, watercourses, or water bodies or directly or indirectly into storm sewers or municipal drainage systems or overland surfaces.
Dispersion.
Used water dispersion shall take place in near proximity to the supply well to better ensure a maximum return of the discharge water to the supply well and to minimize the likelihood of impacting any local septic system.
An acceptable method of dispersion shall include but not be limited to galleries or leaching fields. Geologic data, such as a well-driller's log of the water supply well, shall be provided for assessing the effectiveness of the used water dispersion system for recharging the aquifer. Analysis of such data by a licensed professional may also be required to be submitted.
Groundwater heat pumps with a partially self-contained system shall meet dispersion criteria established above.
Air-to-air heat pumps and totally self-contained systems shall be exempted from this chapter.
§ 87-5. Application procedure.
General requirements.
Any person wishing to install a groundwater heat pump shall submit an application to the Conservation Commission at a regularly scheduled meeting of this agency.
No application shall be deemed complete unless it shall be in such form and contain such information as the agency deems necessary for a fair determination of the acceptability of the proposed heat pump system. The agency shall inform all applicants in writing upon the completion of their application. Such notification will not be considered a limitation to requests for additional data should final determination of a proposal's acceptability be constrained by its absence.
The information required by the agency shall be furnished in sufficient copies to permit the agency to carry out its duties under these regulations. In no case will fewer than five copies be accepted for a final review of the proposal.
All information submitted in the application for review shall be considered factual or, in the case of anticipated installation, binding. A knowing failure of the applicant or any of his, her or its agents to provide correct information, or performance failing to meet or exceed the levels of activity anticipated, shall be sufficient grounds for the revocation of any permit under these regulations and/or penalties to be imposed under § 87-8B.
Contents. All applications shall include the following information in writing and shall be on a form provided by the agency and available from the office of the Town Clerk:
The applicant's name, home and business addresses and telephone numbers.
The owner's name (if the applicant is not the owner of the property), home and business addresses, telephone numbers, and written consent to the proposed activity set forth in the application.
The applicant's interest in this activity.
The geographical location of the property which is to be affected by the proposed activity, including a description of the land in sufficient detail to allow identification of the properties on the Inland Wetlands and Watercourses Map, as well as on the Dominski/Oakrock Association Aquifer Map No. 11, as published on page 34 of the Weston Environmental Manual, dated June 1976, or other map(s) designated by the agency.
The name of the well-drilling contractor, place of business, Connecticut driller's registration number, and geologic log and construction data of the water supply well to be used as the groundwater source for the heat pump.
The chemical analysis of a sample of water from the water supply well, including turbidity, pH, hardness, total solids, alkalinity, chloride, iron, and manganese, as well as the temperature of the used water discharged into the dispersion system.
The results of a continuous pumping yield test of the water supply well of not less than 24 hours' duration, including measurements from land surface to the prepumping static level and near-end-of-test pumping level and the start-of-test and end-of-test discharge rate.
Maximum heat pump water use rate during winter heating function and summer cooling function, as certified by the system designer.
A detailed description of the used water dispersion system; identification on a site plan of the location of the supply well, buildings, primary septic and reserve areas and receiving galleries or leaching fields for heat pump discharge water. The description should include design depth and capacity of the discharge water receiving system.
Additional information. The agency shall not necessarily be limited to that information requested on the application, if additional information may be required to properly evaluate the application.
§ 87-6. Review of application; approval or denial of license.
If the agency decides after a full review of the application and the supporting information that the installation of a groundwater heat pump in such location meets the requirements of this chapter and in no way violates any of the provisions of the Town of Weston's Ordinance Concerning the Regulation of Inland Wetlands and Watercourses (effective latest revision) [Chapter 215 of this Code], permission to make this installation will be granted either with or without specified conditions. The applicant shall be so notified in writing.
If the application is denied, the agency shall notify the applicant in writing stating the reason for the rejection. In the event that the application is approved, the contractor who will be responsible for the installation of the heat pump shall be required to sign a statement on a form provided by the agency that he has read the application and agrees to abide by the approval, with or without conditions, granted by the agency prior to commencement of installation.
The agency shall render its decision within 65 days after acceptance of a completed application, and the agency shall notify the applicant within 15 days of the date of the decision. An extension of an additional 65 days may be effected if agreed to by both the Commission and the applicant.
§ 87-7. Application fee.
The fee for application shall be $25 and shall be applied to defray the cost and expenses of the agency in carrying out its duties under this chapter.
§ 87-8. Enforcement; penalties for offenses.
If the agency finds that the purpose or intent of this chapter is violated in any manner, the agency or its enforcement officer shall be authorized to issue a written order to such person maintaining such installation to correct such installation or condition. Such order shall be effective immediately upon its service to such person.
Installation of a groundwater heat pump without proper review and permit or failure to comply with § 87-5A(4) will constitute a violation of this chapter. The fine shall be $100, returnable only upon issuance of a permit in accordance with this chapter.
Inland Wetlands Watercourses
Chapter 215. Inland Wetlands and Watercourses Regulations
[HISTORY: Adopted by the Conservation Commission of the Town of Weston effective 3-16-2011. Amendments noted where applicable.]
GENERAL REFERENCES
Conservation Commission — See Charter §§ 8.2 and 8.6(b).
Citations — See Ch. 39.
South Western Regional Planning Agency — See Ch. 167.
Aquifer protection area regulations — See Ch. 207.
Floodplain management regulations — See Ch. 212.
Subdivision regulations — See Ch. 230.
Zoning regulations — See Ch. 240.
ATTACHMENTS
215a App A Std Conditions 215b App B Art 8 of the Town Charter 215c App C Ord Reg Land Use Fees 215d App D Min Impact Admin Policy 215e App E Forms and Procedures
§ 215-1. General provisions.
Findings and purpose.
The wetlands and watercourses of the Town of Weston are indispensable, irreplaceable and fragile natural resources with which the citizens 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 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 Weston and has and will continue to imperil the quality of the environment, thus adversely affecting the ecological, scenic, historic and recreational values and benefits for the citizens of Weston 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 Weston.
It is, therefore, the purpose of these regulations to protect the citizens of Weston by making provisions for the protection, preservation, and maintenance and use of the 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 other local authority; preventing damage from erosion, turbidity or siltation; preventing loss of fish and other aquatic organisms, wildlife and vegetation and the destruction of the natural habitats thereof; deterring and inhibiting the danger of flood and pollution; protecting the quality of wetlands and watercourses for their conservation, economic, aesthetic, recreational and other public and private uses and values; and protecting 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 Weston and the use of its land with the need to protect its environment and ecology in order to forever guarantee to the people of Weston the safety of such natural resources for their benefit and enjoyment and for the benefit and enjoyment of generations yet unborn.
These regulations shall be known as the "Inland Wetlands and Watercourses Regulations of the Town of Weston."
The Conservation Commission of Weston (the Commission) was established in accordance with an ordinance adopted February 15, 1973, and shall implement the purposes and provisions of the Inland Wetland and Watercourses Regulations of the Town of Weston.
These regulations have been adopted and may be amended, from time to time, in accordance with the provisions of the Inland Wetlands and Watercourses Act and these regulations.
§ 215-2. Definitions.
The Inland Wetlands and Watercourses Act, §§ 22a-36 through 22a-45 of the Connecticut General Statutes, as amended.
With respect to the Commission means a Town employee working for the Commission. "Duly authorized agent" means an individual designated by the Commission to carry out its functions and purposes, and with respect to the applicant means any person authorized in writing to act in the applicant's behalf.
A water-bearing stratum of permeable rock, sand, or gravel.
Waterways distinguished by evergreen trees and shrubs underlain by peat deposits, poor drainage, and highly acidic conditions.
An undisturbed natural area or a planted area adjacent to the edge of a wetland and/or a watercourse.
The cutting or the harvest of timber in a fashion which removes all trees down to a two-inch diameter at breast height.
The Conservation Commission of the Town of Weston.
COMMISSIONER OF ENERGY AND ENVIRONMENTAL PROTECTION
The Commissioner of the State of Connecticut Department of Energy and Environmental Protection.
A member, or the designated alternate, of the Conservation Commission of the Town of Weston.
A flow of water which persists for an extended period of time; this flow may be interrupted during periods of drought or during the low-flow period of the annual hydrological cycle, June through September, but it recurs in prolonged succession.
Includes, but shall not be limited to, fill, grade, dump, place, discharge or emit.
Emission of any water, substance, or material into waters of the state, wetlands or watercourses, whether or not such substance causes pollution.
DISTURBING THE NATURAL AND INDIGENOUS CHARACTER OF THE LAND
The activity may significantly alter the inland wetlands and watercourses by reason of removal or deposition of material, clear-cutting, or alteration or obstruction of water flow or may result in the pollution of the wetland or watercourse.
ESSENTIAL TO THE FARMING OPERATION
The activity proposed is necessary and indispensable to sustain farming activities on the farm.
Shall be consistent with the definition as noted in § 1-1(q) of the Connecticut General Statutes, as amended.
Able to be constructed or implemented consistent with sound engineering principles.
The tilling of the soil, planting, cultivating and harvesting of vegetables, fruits and/or flowers.
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 these regulations under the authority of the Commission.
The line designating the separation between the nondisturbance area that may be required by the Commission and areas of disturbance.
A practice, procedure, activity, structure or facility designed to prevent or minimize pollution or environmental damage or to maintain or enhance existing environmental quality. Such management practices include but are not limited to erosion and sedimentation controls; restrictions on land use or development; construction setbacks from wetlands or watercourses; proper disposal of waste materials; procedures for equipment maintenance to prevent fuel spillage; construction methods to prevent flooding or disturbance of wetlands and watercourses; design and construction of drainage systems to prevent post-construction disturbances or changes to wetlands or watercourses; and procedures for maintaining continuous stream flows confining construction that must take place in watercourses at times when water flows are low and fish and wildlife will not be adversely affected.
Areas with soils that exhibit aquic moisture regimes that are distinguished by the absence of trees and shrubs and are dominated by soft-stemmed herbaceous plants. The water table in marshes is at or above the surface throughout the year, but seasonal fluctuations are encountered and areas of open water six inches or more in depth are common.
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.
A regulated activity that occurs within the regulated area, but not in a wetland or watercourse, and has no more than minimal impact on any wetland or watercourse as determined by the agent's objective review based on scientific and technical facts.
The Town of Weston, Fairfield County, Connecticut.
The portion of a property to be left in its existing natural state where no clearing, grubbing, tilling, filling, cultivation, excavation, construction, or other activities that change existing natural conditions take place.
Places where plants are grown for sale, transplanting, or experimentation.
See "license."
The person to whom a license has been granted.
Any person, firm, partnership, association, corporation, limited liability company, 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 Weston 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. This includes, but is not limited to, erosion and sedimentation resulting from any filling, land clearing or excavation activity.
Economically and otherwise reasonable in light of benefits to be derived from the proposed regulated activity to the landowner, provided that cost may be considered in deciding what is prudent and further provided that a mere showing of expense will not necessarily mean an alternative is imprudent.
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 wetlands or watercourses, but shall not include the specified activities in § 215-4 of these regulations. Furthermore, any clearing, grubbing, filling, grading, paving, excavating, constructing, depositing or removing of material and discharging of stormwater on the land within 100 feet (measured horizontally from the boundary) of any wetland or watercourse and any other activity located within such upland review area or in any other nonwetland or nonwatercourse area that is likely to impact or affect wetlands or watercourses is a regulated activity.
Any wetland or watercourse and upland review area as defined in these regulations.
Includes, but shall not be limited to, drain, excavate, mine, dig, dredge, suck, grub, stump, bulldoze, dragline or blast.
Any alteration of the physical, chemical or biological properties of any waters of Weston, including but not limited to change in odor, color, turbidity or taste.
Any activity, including but not limited to the following activities, which may have a major effect or impact on the area for which an application has been filed or on another part of the inland wetland or watercourse system:
Any activity involving deposition or removal of material which will or may have a substantial effect on the regulated area or on another part of the wetland or watercourse system or on wetlands or watercourses outside the area for which activity is proposed.
Any activity which substantially changes the natural channel or may inhibit the natural dynamics of a watercourse system.
Any activity which diminishes the natural capacity of a wetland or watercourse to support aquatic plant or animal life and habitats, desirable fisheries, wildlife, or other biological life, prevent flooding, supply water, assimilate waste, facilitate drainage, provide recreation or open space, or other functions.
Any activity which is likely to cause or which has the potential to cause turbidity, siltation or sedimentation in a wetland or watercourse.
Any activity which causes a substantial diminution of flow of a natural watercourse or groundwater levels of the wetland or watercourse.
Any activity which causes or has the potential to cause pollution of a wetland or watercourse.
Any activity that damages or destroys unique wetland or watercourse areas or such areas having demonstrable scientific or educational value.
Any activity which creates conditions which may adversely affect the health, welfare, and safety of any individual or the community.
An individual duly qualified in accordance with standards set by the federal Office of Personnel Management.
Those lands which are inundated by water on a seasonal or more frequent basis.
Watercourses that are distinguished by the dominance of wetland trees and shrubs.
The Town of Weston, Fairfield County, in the State of Connecticut.
An area within 100 feet of any wetlands or watercourse or a further distance if the proposed activity is likely to impact or affect the regulated area.
Consists of a confined basin depression which contains a small body of standing water, usually drying out for part of the year during warm weather. It can be natural or man-made, and lacks a permanent outlet stream or any fish population. Further, the occurrence of one or more of the obligatory species which include the fairy shrimp, spotted salamander, jefferson salamander, marbled salamander, wood frog and eastern spadefoot toad is necessary to conclusively define the vernal pool.
Sewage (natural or man-made) or any substance, liquid, gaseous, or solid, or any radioactive material which pollutes or tends to pollute any of the regulated areas.
Rivers, streams, brooks, waterways, lakes, ponds, marshes, swamps, bogs, and all other bodies of water, natural or artificial, vernal or intermittent, public or private, which are contained within, flow through or border upon the Town or any portion thereof not regulated pursuant to §§ 22a-28 through 22a-35, inclusive, of the Connecticut General Statutes, as amended. Intermittent watercourses shall be delineated by a defined permanent channel and bank and the occurrence of two or more of the following characteristics:
Evidence of scour or deposits of recent alluvium or detritus;
The presence of standing or flowing water for a duration longer than a particular storm incident; and
The presence of hydrophytic vegetation.
The Town of Weston, Connecticut.
Land, including submerged land as defined in this section, not regulated pursuant to §§ 22a-28 through 22a-35, inclusive, of the Connecticut General Statutes, as amended, which consists of any of the soil types designated as poorly drained, very poorly drained, alluvial and floodplain by the National Cooperative Soil Survey, as it may be amended from time to time, by the Natural Resources Conservation Service of the United States Department of Agriculture (USDA). Such areas may include filled, graded, or excavated sites which possess an aquic (saturated) soil moisture regime as defined by the USDA Cooperative Soil Survey.
§ 215-3. Inventory of regulated areas.
The map of regulated areas, titled "Designated Inland Wetlands and Watercourses Map of the Town of Weston," dated September 7, 1976, current revision, delineates the general location and boundaries of inland wetlands and the general location of watercourses. Copies of this map are available for inspection in the office of the Town Clerk or the Commission. This map shall be considered to be a guide. In all cases, the precise location of regulated areas shall be determined by the actual character of the land, the distribution of wetland soil types, and location of watercourses. The Commission may use aerial photography, remote sensing imagery, resource mapping, soils maps, site inspection observations or other information in determining the location of the boundaries of wetlands and watercourses.
Any person or any property owner who disputes the designation of any part of his or her land or adjoining land which impacts on his or her property as a regulated area on the Designated Inland Wetlands and Watercourses Map of the Town of Weston may petition the Commission to change the Wetlands and Watercourses Map or may petition the Commission to change the designation in accordance with § 215-15 of these regulations. All petitions for a map change shall be submitted in writing and shall bear the burden of proof regarding the proposed map change and include all relevant facts and circumstances which support the change. The petitioner shall provide proof that the change is valid. Such proof may include but is not limited to aerial photography, remote sensing imagery, resource mapping, or other available information. The Commission may require such person to provide an accurate delineation of regulated areas in accordance with § 215-15 of these regulations.
The Commission or its agent(s) shall inventory and maintain current records of all regulated areas within the Town. The Commission may amend its map from time to time as information becomes available relative to more accurate delineation of wetlands and watercourses within the Town.
All map amendments are subject to the public hearing process outlined in § 215-15 of these regulations.
§ 215-4. Permitted uses as of right and nonregulated uses.
The following operations and uses shall be permitted in inland wetlands and watercourses, as of right:
Grazing, farming, nurseries, gardening and harvesting of crops and farm ponds of three acres or less essential to the farming operation and activities conducted by, or under the authority of, the Department of Energy and Environmental Protection for the purposes of wetland or watercourse restoration or enhancement or mosquito control. 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, relocation of watercourses for continual flow, filling or reclamation of wetlands or watercourses with continual flow, clear-cutting of timber except for the expansion of agricultural cropland, or the mining of topsoil, peat, sand, gravel or similar material from wetlands or watercourses for the purposes of sale;
A residential home for which a building permit has been issued or on a subdivision lot, provided that the permit has been issued or the subdivision has been approved by the Planning and Zoning Commission as of the effective date of promulgation of the municipal regulations pursuant to Subsection (b) of § 22a-42a of the Connecticut General Statutes 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 building permit was obtained on or before July 1, 1987. The individual claiming a use of a wetland permitted as of right under this subsection, or desiring to use a wetland not of right, shall document the validity by providing a certified copy of the building permit and a site plan showing proposed and existing topographic contours, house and well locations, septic system, driveway, approval dates or other necessary information to document his entitlement;
Boat anchorage or mooring not to include dredging or dock construction;
Uses incidental to the enjoyment or maintenance of residential property, such property defined as equal to or smaller than the largest minimum residential lot site permitted anywhere in the municipality and containing a residence. 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 into a wetland or watercourse or diversion or alteration of a watercourse;
Construction and operation by water companies, as defined by § 16-1 of the Connecticut General Statutes, as amended, 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 public water supplies, except as provided in §§ 22a-401 through 22a-410 of the Connecticut General Statutes, as amended; and
Maintenance relating to any drainage pipe which existed before the effective date of any municipal regulations adopted pursuant to § 22a-42a of the Connecticut General Statutes or July 1, 1974, whichever is earlier, provided that such pipe is on property which is zoned as residential but which does not contain hydrophytic vegetation. For purposes of this Subsection A(6), "maintenance" means the removal of accumulated leaves, soil, and other debris, whether by hand or machine, while the pipe remains in place.
The following operations and/or uses shall be permitted as nonregulated uses in wetlands or 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:
Conservation of soil, vegetation, water, fish, shellfish, and wildlife.
Outdoor recreation, including the use of play and sporting areas, golf courses, field trails, nature study, hiking, horseback riding, swimming, skin and scuba diving, camping, boating, water-skiing, trapping, hunting, fishing and shellfishing and cross-country skiing where otherwise legally permitted and regulated.
All activities in wetlands or watercourses involving filling, excavating, dredging, clear-cutting, grading or any other alteration or use of a wetland or watercourse not specifically permitted by this section and otherwise defined as a regulated activity by these regulations shall require a permit from the Commission in accordance with § 215-7 of these regulations or, for certain regulated activities located outside of wetlands and watercourses, from the Commission's duly authorized agent in accordance with § 215-12 of these regulations.
To carry out the purposes of this section, any person proposing to carry out a permitted or nonregulated operation and use shall, prior to commencement of such operation or use, notify the Commission on an application form provided by it and provide the Commission with sufficient information to enable it to properly determine that the proposed operation or use is a permitted or nonregulated use of the wetland or watercourse. The Commission shall rule that the proposed operation or use, or portion of it, is a permitted or a nonregulated use or operation or that the proposed operation or use is a regulated activity and that a permit is required.
Such ruling shall be in writing and shall be made no later than 15 days after the next regularly scheduled meeting of the Commission following the meeting at which the application was accepted as complete. Initiation of the permitted use or operation shall be within one year, and any ruling pursuant to this section shall expire one year from date of issue unless otherwise extended by the Commission.
§ 215-5. Activities regulated by Commissioner of Energy and Environmental Protection.
The Commissioner of Energy and Environmental Protection shall have exclusive jurisdiction over:
Regulated activities in or affecting wetlands or watercourses undertaken by any department, commission, or instrumentality of the State of Connecticut, except any local or regional board of education, pursuant to § 22a-39 or 22a-45a of the Connecticut General Statutes, as amended.
Tidal wetlands designated and regulated pursuant to §§ 22a-28 through 22a-35 of the Connecticut General Statutes, as amended.
Activities authorized under a dam repair or removal order issued by the Commissioner of Energy and Environmental Protection under § 22a-402 of the Connecticut General Statutes, as amended, or a permit issued by the Commissioner of Energy and Environmental Protection under § 22a-403 of the Connecticut General Statutes, as amended. Any person receiving such dam repair or removal order or permit shall not be required to obtain a permit from the Commission for any action necessary to comply with said dam order or to carry out the activities authorized by said permit.
The discharge of fill or dredged materials into the wetlands and watercourses of the state pursuant to Section 401 of the Federal Clean Water Act, as amended, for activities regulated by the U.S. Army Corps of Engineers under Section 404 of the Federal Clean Water Act.
§ 215-6. Permit required for regulated activity.
No person shall conduct or maintain a regulated activity without first obtaining a permit for such activity from the Commission.
Any person found to be conducting or maintaining a regulated activity without the prior authorization of the Commission, or violating any other provision of these regulations, shall be subject to the enforcement proceedings and penalties prescribed in § 215-14 of these regulations and any other remedies as provided by law.
§ 215-7. Application requirements.
Any person wishing to undertake a regulated activity shall apply for a permit on a form titled "Application for Permission To Conduct a Regulated Activity within an Inland Wetland or Watercourse Area in the Town of Weston." An application shall include an application form and such information as prescribed by Subsection C and, in the case of a significant activity, by Subsection D of this section. Application forms may be obtained in the office of the Weston Conservation Commission.
If an application to the Town of Weston Planning and Zoning Commission for subdivision or resubdivision of land involves land containing a wetland or watercourse, the applicant shall, in accordance with § 8-3(g), 8-3c or 8-26, as applicable, of the Connecticut General Statutes, as amended, submit an application for a permit to the Commission in accordance with this section no later than the day the application is filed with such Planning and Zoning Commission.
All applications shall contain such information in writing or on maps or drawings that is necessary for a fair and informed determination of the issues, including the following:
The applicant's name, home and business address, mailing address, and telephone numbers. If the applicant is a corporation or partnership, the managing member or responsible corporate officer's name, address, and telephone numbers.
The owner's name, address and telephone number and written consent if the applicant is not the owner of the land involved in the application.
Applicant's interest in the land.
The geographical location of the land which is to be affected by the proposed activity, including but not limited to a description of the land in sufficient detail to allow identification of the inland wetlands and watercourses, a computation of the area(s) (in acres or square feet) of wetland or watercourse disturbance, soil type(s) and wetland vegetation.
The purpose and a description of the proposed activity and proposed erosion and sedimentation controls and other management practices and mitigation measures which may be considered as a condition of issuing a permit for the proposed regulated activity, including but not limited to measures to prevent or minimize pollution or other environmental damage, maintain or enhance existing environmental quality, or, in the following order of priority, restore, enhance and create productive wetland or watercourse resources.
Alternatives which would cause less or no environmental impact to wetlands or watercourses considered by the applicant as well as why the proposal to alter wetlands set forth in the application was chosen. If required by the Commission, such alternatives shall be diagrammed on a site plan or drawing.
Names and addresses of all adjacent landowners.
Statement by the applicant that the applicant is familiar with all the information provided in the application and is aware of the penalties for obtaining a permit through deception or through inaccurate or misleading information.
Authorization for the members and agents of the Commission to inspect the land, at reasonable times, during the pendency of an application and for the life of the permit.
Any other information the Commission deems necessary to the understanding of what the applicant is proposing.
Payment of the appropriate filing fee based on the fee schedule in effect at the time of the submission of the application.
Applications involving the installation of a new septic system will be accompanied by percolation test results.
A completed Department of Energy and Environmental Protection reporting form. The Commission shall revise and correct the information provided by the applicant and submit the form to the Commissioner of Energy and Environmental Protection in accordance with § 22a-39-14 of the Regulations of Connecticut State Agencies.
If the proposed activity involves a significant activity as determined by the Commission and defined in § 215-2 of these regulations, additional information, based on the nature and anticipated effects of the activity, including but not limited to the following, may be required:
Engineering reports and analyses and additional drawings to fully describe the proposed project and any filling, excavation, drainage or hydraulic modifications to watercourses and the proposed erosion and sedimentation control plan.
Mapping of soil types consistent with categories established by the National Cooperative Soil Survey of the Natural Resources Conservation Service (the Commission may require the applicant to have the wetlands delineated in the field by a soil scientist and that the field delineation be incorporated onto the plans).
Description of the ecological communities and functions of the wetlands or watercourses involved with the application and the effects of the proposed regulated activities on these communities and wetland functions.
Description of how the applicant will change, diminish, or enhance the ecological communities and functions of the wetlands or watercourses involved in the application, and with each alternative, a description of why each alternative considered was deemed neither feasible nor prudent.
Analysis of chemical or physical characteristics of any fill material.
Measures such as sedimentation and erosion control plans which mitigate the impact of the proposed activity. Such measures include, but are not limited to, plans or actions which avoid destruction or diminution of wetland or watercourse functions, recreational uses and natural habitats; which prevent flooding, degradation of water quality, erosion and sedimentation and obstruction of drainage; or which otherwise safeguard water resources.
Analysis of the downgradient and downstream impact of the proposed activity.
The applicant shall certify in the application whether:
Any portion of the property on which the regulated activity is proposed is located within 500 feet of the boundary of an adjoining municipality;
Sewer (septic systems) or water drainage from the project site will flow through and impact the sewage or drainage system within the adjoining municipality;
Water runoff from the improved site will impact streets or other municipal or private property within the adjoining municipality; or
Traffic attributable to the completed project on the site will use streets within the adjoining municipality to enter and exit the site.
Four copies of all application materials shall be submitted to comprise a complete application or as is otherwise directed, in writing, by the Commission.
Any application to extend the expiration date of a previously issued permit or amend an existing permit shall be submitted to the Commission at least 65 days prior to the expiration date for the permit in accordance with § 215-11F through H of these regulations. Any application for amendment, renewal or extension shall be made in accordance with this section, provided that:
The application may incorporate by reference the documentation and record of the original application.
The application shall state the reason why the authorized activities were not initiated or completed within the time specified in the permit.
The application shall describe any changes in facts or circumstances involved with or affecting wetlands or watercourses or the use of the land for which the permit was issued.
The application shall describe the extent of work completed at the time of filing and the schedule for completing the activities authorized in the permit.
The Commission may, prior to the expiration of a permit, accept an untimely application to extend the expiration date of a permit if the authorized activity is ongoing and to allow the continuation of the work beyond the expiration date if, in its judgment, the permit is likely to be extended and the public interest or environment will be best served by not interrupting the activity.
Any application to renew a permit shall be granted upon request of the permit holder unless the Commission finds that there has been a substantial change in circumstances which requires a new permit application or an enforcement action has been undertaken with regard to the regulated activity for which the permit was issued, provided that:
No permit issued during the time period from July 1, 2006, to July 1, 2009, inclusive, shall be valid for more than 11 years; and
No permit issued prior to July 1, 2006, or after July 1, 2009, may be valid for more than 10 years.
For any permit application involving property subject to a conservation restriction or preservation restriction, the following shall apply:
Any limitation, whether or not stated in the form of a restriction, easement, covenant or condition, in any deed, will, or other instrument executed by or on behalf of the owner of the land described therein, including but not limited to the state or any political subdivision of the state, or in any order of taking such land whose purpose is to retain land or water areas predominantly in their natural, scenic, or open condition or in agricultural, farming, forest or open space use.
A limitation, whether or not stated in the form of a restriction, easement, covenant or condition, in any deed, will, or other instrument executed by or on behalf of the owner of the land, including but not limited to the state or any political subdivision of the state, or in any order of taking such land whose purpose is to preserve historically significant structures or sites.
No person shall file a permit application, other than for interior work in an existing building or for exterior work on an existing building that does not expand or alter the footprint of such existing building, relating to property that is subject to a conservation restriction or a preservation restriction unless the applicant provides proof that the applicant has provided written notice of such application by certified mail, return receipt requested, to the party holding such restriction, including but not limited to any state agency that holds such restriction, not later than 60 days prior to the filing of the permit application.
§ 215-8. Application procedures.
All applications shall be submitted to the Conservation Commission of the Town of Weston.
In the case of any application where any portion of the wetland or watercourse on which the regulated activity is proposed is located within 500 feet of the boundary of Westport, Wilton, Easton, Redding or Fairfield, the applicant shall give written notice of the proposed activity by certified mail, return receipt requested, to the adjacent municipal wetland agency on the same day of filing an inland wetland permit application with the Commission. Documentation of such notice shall be provided to the Commission.
Notice to adjoining municipalities.
The Commission shall, in accordance with Connecticut General Statutes § 8-7d(f), as amended, notify the clerk of any adjoining municipality of the pendency of any application, petition, appeal, request, or plan concerning any project or site in which:
Any portion of the property affected by a decision of the Commission is located within 500 feet of the boundary of an adjoining municipality;
A significant portion of the traffic to the completed project on the site will use streets within the adjoining municipality to enter or exit the site;
A significant portion of the sewer or water drainage from the project site will flow through and significantly impact the sewage or drainage systems within the adjoining municipality; or
Water runoff from the improved site will impact streets or other municipal or private property within the adjoining municipality.
Such notice shall be made by certified mail, return receipt requested, and shall be mailed within seven days of the date of receipt of the application, petition, appeal, request, or plan.
When an application is submitted to conduct or cause to be conducted a regulated activity upon an inland wetland or watercourse, any portion of which is within the watershed of a water company as defined in § 25-32a of the Connecticut General Statutes, as amended, the applicant shall provide written notice of the application to the water company and the Commissioner of Public Health in a format prescribed by said Commissioner, provided that such water company or said Commissioner has filed a map showing the boundaries of the watershed on the land records of the municipality in which the application is made and with the inland wetlands agency of such municipality. Such notice shall be made by certified mail, return receipt requested, and shall be mailed not later than seven days after the date of the application. The water company and the Commissioner, through a representative, may appear and be heard at any hearing on the application. Documentation of such notice shall be provided to the Commission.
The date of acceptance of any petition, application, request or appeal shall be the day of the next regularly scheduled meeting of the Commission immediately following the date of submission to the Commission or its agent or 35 days after such submission, whichever is sooner.
At any time during the review period, the Commission may require the applicant to provide additional information about the regulated area or regulated activity which is the subject of the application or wetlands or watercourses affected by the regulated activity. The Commission shall not exceed the required sixty-five-day time limit in taking action on an application pending the receipt of additional information as set forth in § 215-11B of these regulations. Requests for additional information shall not stay the time limitations set forth in § 215-11B of these regulations.
All applications shall be open for public inspection.
Incomplete applications may be denied.
§ 215-9. Public hearings.
Determination to hold public hearing.
The Commission shall not hold a public hearing on such application unless the Commission determines that:
The proposed activity may have a significant impact on wetlands or watercourses;
A petition signed by at least 25 persons who are 18 years of age or older and who reside in Weston requesting a hearing is filed with the Commission not later than 14 days after the date of receipt of such application; or
The Commission finds that a public hearing regarding such application would be in the public interest.
The Commission may issue a permit without a public hearing provided that no petition provided for in this section is filed with the Commission on or before the 14th day after the date of receipt of the application.
Such hearing shall be held no later than 65 days after the receipt of such application. All applications and maps and documents relating thereto shall be open for public inspection. Any person may appear and be heard at any such public meeting.
Notice of the public hearing shall be published at least twice, at intervals of not less than two days, the first not more than 15 days and not less 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 each town where the affected wetland and watercourse is located.
Notice of the public hearing shall be mailed by certificate of mailing by the applicant to the owner(s) of record of the land that is adjacent to the land that is the subject of the hearing no less than 15 days prior to the day of the hearing. When applicable, notification must also be made to the town clerk of an adjoining municipality and water companies pursuant to § 215-8C and D. Proof of such notification must be entered into the record.
§ 215-10. Considerations, standards and criteria for decision.
Considerations for decision.
Standards and criteria for decision. In carrying out the purposes and policies of §§ 22a-36 to 22a-45 of the Connecticut General Statutes, as amended, including matters relating to regulating, licensing and enforcing of the provisions thereof, the Commission shall take into consideration all relevant facts and circumstances, including but not limited to:
The environmental impact of the proposed regulated activity on wetlands or watercourses, including the effects on the inland wetland's and watercourse's capacity to support fish and wildlife, to prevent flooding, to supply and protect surface and ground waters, to control sediment, to facilitate drainage, to control pollution, to support recreational activities, and to promote public health and safety;
The applicant's purpose for, and any feasible and prudent alternatives to, the proposed regulated activity, which alternatives would cause less or no environmental impact to wetlands or watercourses;
The relationship between the short-term and long-term impacts of the proposed regulated activity on wetlands or watercourses and the maintenance and enhancement of long-term productivity of such wetlands or watercourses;
Irreversible and irretrievable loss of wetland or watercourse resources which would be caused by the proposed regulated activity, including the extent to which such activity would foreclose a future ability to protect, enhance or restore such resources, and any mitigation measures which may be considered as a condition of issuing a permit for such activity, including but not limited to measures to prevent or minimize pollution or other environmental damage, maintain or enhance existing environmental quality, or, in the following order of priority, restore, enhance and create productive wetland or watercourse resources; such measures include, but are not limited to, actions which avoid adverse impacts or lessen impacts on wetlands and watercourses and which could be feasibly carried out by the applicant and would protect the wetland's or watercourse's natural capacity to support fish and wildlife, to prevent flooding, to supply and protect surface and ground waters, to control sedimentation, to prevent erosion, to assimilate wastes, to facilitate drainage, to control pollution, to support recreational activities and open space, and to promote public health and safety;
The character and degree of injury to, or interference with, safety, health, or the reasonable use of property, including abutting, downgradient or upgradient property, which would be caused or threatened by the proposed activity or the creation of conditions which may do so. This includes recognition of potential damage from erosion, turbidity, or siltation; loss of fish and wildlife and their habitat; loss of unique habitat having demonstrable natural, scientific or educational value; loss or diminution of beneficial aquatic organisms and wetland plants; the dangers of flooding and pollution; and the destruction of the economic, aesthetic, recreational and other public and private uses and values of wetlands and watercourses to the community; and
In the case of an application which received a public hearing pursuant to a finding by the Commission that the proposed activity may have a significant impact on wetlands and watercourses, a permit shall not be issued unless the Commission finds on the basis of the record that a feasible and prudent alternative does not exist. In making this finding the Commission shall consider the facts and circumstances set forth in Subsection B. The finding and the reasons therefor shall be stated on the record in writing.
In the case of an application which is defined on the basis of a finding that there may be feasible and prudent alternatives to the proposed regulated activity which have less adverse impact on wetlands or watercourses, the Commission shall propose on the record in writing the types of alternatives which the applicant may investigate, provided that this subsection shall not be construed to shift the burden from the applicant to prove that he is entitled to the permit or to present alternatives to the proposed regulated activity.
In reaching its decision on any application after a public hearing, the Commission shall base its decision on the record of that hearing. Documentary evidence or other material not in the hearing shall not be considered by the Commission in reaching its decision.
In reaching its decision, the Commission will not take into consideration any economic hardship which arises or might arise which may impact on the applicant as a result of his own actions.
The Commission shall not deny or condition an application for a regulated activity in an area outside wetlands or watercourses on the basis of an impact or effect on aquatic plant or animal life unless such activity will likely impact or affect the physical characteristics of such wetlands or watercourses.
In the case of an application where the applicant fails to comply with the provisions of § 215-7I(2) or (3) of these regulations:
§ 215-11. Decision process and permit.
In granting a permit the Commission, or its duly authorized agent, may grant the application as submitted or grant it upon other terms, conditions, limitations or modifications of the regulated activity which are designed to carry out the policy of §§ 22a-36 to 22a-45, inclusive, of the Connecticut General Statutes, as amended, or deny the application. Such terms may include any reasonable measures which would mitigate the impacts of the regulated activity and which would prevent or minimize pollution or other environmental damage, maintain or enhance existing environmental quality, or, in the following order of priority, restore, enhance and create productive wetland or watercourse resources.
No later than 65 days after acceptance of an application, the Commission may hold a public hearing on such application. The hearing shall be completed within 35 days of its commencement, and action shall be taken on applications within 35 days after completion of a public hearing. In the absence of a public hearing, action shall be taken on applications within 65 days from the date of acceptance of the application. The applicant may consent to one or more extensions of the periods specified in this subsection for the holding of the hearing and for action on such application, provided that the total cumulative extensions of any such periods shall not be for longer than the original period as specified in this subsection, or may withdraw such application. The failure of the Commission to act within any time period specified in this subsection, or any extension thereof, shall not be deemed to constitute approval of the application. An application deemed incomplete by the Commission must either be withdrawn by the applicant or denied by the Commission.
The Commission shall state upon its record the reasons and bases for its decision.
The Commission shall notify the applicant and any person entitled to such notice of its decision within 15 days of the date of the decision by certified mail, return receipt requested, and the Commission shall cause notice of its order in the issuance or denial of the permit to be published in a newspaper having general circulation in the Town of Weston wherein the inland wetland or watercourse lies. In any case in which such notice is not published within such fifteen-day period, the applicant may provide for the publication of such notice within 10 days thereafter. A copy of all Commission decisions shall be forwarded to the Commissioner of Energy and Environmental Protection in such a form as prescribed by the Commissioner.
If an activity authorized by the Commission permit also involves an activity or project which requires zoning or subdivision approval, a special zoning permit, variance or special exception, under § 8-3(g), 8-3c or 8-26 of the Connecticut General Statutes, as amended, a copy of the decision and report on the application shall be filed with the appropriate board or commission within 15 days of the decision.
If the Commission denies an application, a resubmitted application may be denied unless the proposal is modified in a fashion that substantially changes the impacts which resulted in the denial.
Any permit issued by the Commission prior to July 1, 2006, or after July 1, 2009, for the development of land for which an approval is required under § 8-3, 8-25 or 8-26 of the Connecticut General Statutes, as amended, shall be valid for five years, provided that the Commission may establish a specific time period within which any regulated activity shall be conducted. Any permit issued by the Commission prior to July 1, 2006, or after July 1, 2009, for any other activity shall be valid for not less than two years and not more than five years. Any permit issued by the Commission during the time period from July 1, 2006, to July 1, 2009, inclusive, shall expire not less than six years after the date of such approval.
No permit issued by the Commission shall be assigned or transferred without the written permission of the Commission. Permits may be transferred, provided that the party to whom the permit is transferred submits a notarized letter to the Commission stating that there will be no changes in the plan. The letter must also state that the party understands and will comply with all conditions of approval of the original application. The Commission shall approve all transfers in writing prior to any transfer occurring.
If a bond or insurance is required in accordance with § 215-13 of these regulations, no permit shall take effect until such bond or insurance is provided.
General provisions in the granting of all permits.
The Commission has relied in whole or in part on information provided by the applicant, and if such information subsequently proves to be false, deceptive, incomplete or inaccurate, the permit may be modified, suspended or revoked.
All permits issued by the Commission are subject to and do not derogate any present or future rights or powers of the Commission or the Town of Weston, and convey no rights in real estate or material nor any exclusive privileges, and are further subject to any and all public and private rights and to any federal, state, and municipal laws or regulations pertinent to the subject land or activity.
If the activity authorized by the inland wetland permit also involves an activity or a project which requires zoning or subdivision approval, special permit, variance or special exception under § 8-3(g), 8-3c or 8-26 of the Connecticut General Statutes, as amended, no work pursuant to the wetland permit may begin until such approval is obtained.
§ 215-12. Action by agent.
The Commission may delegate to its agent the authority to approve or extend an activity that is not located in a wetland or watercourse when such agent finds that the conduct of such activity would result in no greater than a minimal impact on any wetlands or watercourses, provided that such agent has completed the comprehensive training program developed by the Commissioner pursuant to § 22a-39 of the Connecticut General Statutes, as amended. Requests for a minimal impact administrative permit shall be made on a form provided by the Commission and shall contain the information listed under § 215-7C of these regulations and any other information the Commission may reasonably require. Notwithstanding the provisions for acceptance and processing of applications prescribed in §§ 215-8 and 215-11 of these regulations, such agent may approve or extend such an activity at any time in accordance with the Commission's Minimal Impact Administrative Review Permits (ARP) Policy dated July 2001.
Any person receiving such approval from such agent shall, within 10 days of the date of such approval, publish, at the applicant's expense, notice of the approval in a newspaper having a general circulation in the town wherein the activity is located or will have an effect. Any person may appeal such decision of such agent to the Commission within 15 days after the publication date of the notice and the Commission shall consider such appeal at its next regularly scheduled meeting, provided that such meeting is no earlier than three business days after receipt of such appeal. Any person may appear and be heard at the meeting held by the Commission to consider the subject appeal. The Commission shall, at its discretion, sustain, alter, or reject the decision of its agent or require an application for a permit in accordance with § 215-8 of these regulations.
The agent shall reach a decision on all applications no later than 65 days after acceptance of an application.
If the agent fails to act within the prescribed time period, the application shall be reviewed and a decision rendered by the Commission at its next regularly scheduled meeting.
§ 215-13. Bond and insurance.
Upon approval of the application and prior to granting a permit, the applicant may be required, at the discretion of the Commission, to file a bond with such surety in such amount and in a form approved by the Commission.
The Commission may require the applicant to certify that it has public liability insurance against liability which might result from the proposed operation or use of the wetlands or watercourses covering any and all damage which might occur within two years of completion of such operations, in an amount to be determined by the Commission commensurate with the regulated activity.
§ 215-14. Enforcement.
The Commission may appoint an agent or agents to act in its behalf with the authority to inspect property, except a private residence, and issue notices of violation or cease and desist orders and carry out other actions or investigations necessary for the enforcement of these regulations. In carrying out the purposes of this section, the Commission or its agent shall take into consideration the criteria for decision under § 215-10B of these regulations.
The Commission or its agent may make regular inspections, at reasonable hours, of all regulated activities for which permits have been issued with the consent of the property owner or the authorized agent of the owner during the life of the permit.
In the case in which a permit has not been issued or a permit has expired, the Commission or its agent may make regular inspections at reasonable hours with the consent of the property owner or the authorized agent of the property owner.
If the Commission or its agent finds that any person is conducting or maintaining any activity, facility or condition which is in violation of the Act or these regulations, the Commission or its agent may:
Issue a written order to be either hand delivered or sent by certified mail, return receipt requested, to such person conducting such activity or maintaining such facility or condition to immediately cease such activity or to correct such facility or condition. Within 10 days of the issuance of such order the Commission shall hold a hearing to provide the person an opportunity to be heard and show cause why the order should not remain in effect. The Commission shall consider the facts presented at the hearing and, within 10 days of the completion of the hearing, notify the person by certified mail that the original order remains in effect, that a revised order is in effect, or that the order has been withdrawn. The Commission shall publish notice of its decision in a newspaper having general circulation in the Town of Weston. The original order shall be effective upon issuance and shall remain in effect until the Commission affirms, revises or withdraws the order. The issuance of an order pursuant to this subsection shall not delay or bar an action pursuant to § 22a-44(b) of the Connecticut General Statutes, as amended.
Issue a notice of violation to such person conducting such activity or maintaining such facility or condition stating the nature of the violation and the jurisdiction of the Commission and prescribing the necessary action and steps to correct the violation, including, without limitation, halting work in wetlands or watercourses. The Commission may request that the individual appear at the next regularly scheduled meeting of the Commission to discuss the unauthorized activity and/or provide a written reply to the notice or file a proper application for the necessary permit. Failure to carry out the action(s) directed in a notice of violation may result in issuance of the order provided in Subsection D(1) or other enforcement proceedings as provided by law.
Record a certificate or notice of a cease and desist order or order to correct an inland wetland or watercourse violation with the Town Clerk for recording in the Town's land records. The certificate or notice will be released upon compliance with the order.
The Commission may suspend or revoke a permit if it finds that the permittee has not complied with the terms, conditions or limitations set forth in the permit or has exceeded the scope of the work as set forth in the application, including application plans. Prior to revoking or suspending any permit, the Commission shall issue notice to the permittee, personally or by certified mail, return receipt requested, setting forth the facts or conduct which warrants the intended action. The Commission shall hold a hearing to provide the permittee an opportunity to show compliance with the permit and any and all requirements for retention of the permit. The permittee shall be notified of the Commission's decision to suspend, revoke, or maintain a permit by personal service or certified mail within 15 days of the date of its decision. The Commission shall publish notice of the suspension or revocation in a newspaper having general circulation in the municipality.
In accordance with § 22a-42g of the Connecticut General Statutes, as amended, any person violating any provisions of these regulations may be subject to fines pursuant to ordinances of the Town of Weston as may be enacted or amended from time to time.
§ 215-15. Amendments.
These regulations and the Designated Inland Wetlands and Watercourses Map of the Town of Weston dated September 7, 1976, may be amended, from time to time, by the Commission in accordance with changes in the Connecticut General Statutes or regulations of the State Department of Energy and Environmental Protection, as amended, or as new information regarding soils and inland wetlands and watercourses becomes available.
An application submitted to the Commission which is in conformance with the applicable inland wetlands regulations as of the date of the acceptance of such application shall not be required thereafter to comply with any change in inland wetlands regulations, including changes to setbacks and buffers, taking effect on or after the date of such acceptance, and any appeal from the decision of such Commission with respect to such application shall not be dismissed by the Superior Court on the grounds that such a change has taken effect on or after the date of such acceptance. The provisions of this subsection shall not be construed to apply to:
The establishment, amendment or change of boundaries of inland wetlands or watercourses; or
Any change in regulations necessary to make such regulations consistent with the provisions of Chapter 440 of the General Statutes (the Act), as amended, as of the date of such acceptance.
These regulations and the Town of Weston Inland Wetlands and Watercourses Map shall be amended in the manner specified in § 22a-42a of the Connecticut General Statutes, as amended. The Commission shall provide the Commissioner of Energy and Environmental Protection with a copy of any proposed regulations and notice of the public hearing to consider any proposed regulations or amendment thereto, except map amendments, at least 35 days before the public hearing on their adoption.
Petitions requesting changes or amendments to the Designated Inland Wetlands and Watercourses Map of the Town of Weston shall contain at least the following information:
The petitioner's name, address and telephone number.
The owner's name (if not the petitioner), address, telephone number, and a written consent to the proposed action set forth in the application.
Petitioner's interest in the land affected by the petition.
Map(s) showing the geographic location of the land affected by the petition and the existing and the proposed wetland(s) boundaries on such land in accurate detail together with the documentation supporting such proposed boundary locations.
The reasons for the requested action.
Any person who submits a petition to amend the Designated Inland Wetlands and Watercourses Map of the Town of Weston, Connecticut, dated September 7, 1976, shall bear the burden of proof for all requested map amendments. Such proof may include, but is not limited to, professional interpretation of aerial photography and remote sensing imagery, resource mapping soils, mapping, or other information acceptable to the Commission. If such person is the owner, developer or contract purchaser of the land which is the subject of the petition, or if such person is representing the interests of such an owner, developer or purchaser, in addition to the information required in Subsection D, the petition shall include:
The name, address and telephone number of the owner(s) of such land and owner's agent or other representative;
The names and addresses of the owners of abutting land;
Documentation by a soil scientist of the distribution of wetland soils on said land. Such documentation shall at a minimum include the report of the soil scientist documenting the location of wetland soils on the land and a map of said land indicating the flag locations set by the soil scientist and defining the boundaries of wetland soil types; and
Map(s) showing any proposed development of the land in relation to existing and proposed wetland and watercourse boundaries.
Inland wetlands and watercourses shall be delineated by a certified soil scientist, geologist, ecologist or other qualified individual acceptable to the Commission.
A public hearing shall be held on petitions to amend the Designated Inland Wetland and Watercourses Map. Notice of the hearing shall be published in a newspaper having substantial circulation in the Town of Weston at least twice, at intervals of not less than two days, the first not more than 15 days nor less than 10 days and the last not less than two days, before such hearing. All materials including maps and documents relating to the petition shall be open for public inspection and filed in the Town Clerk's office at least 10 days before the hearing.
The Commission shall hold a public hearing on a petition to amend the regulations and the Inland Wetlands and Watercourses Map within 65 days after acceptance of such a petition. The public hearing shall be completed within 35 days after commencement. The Commission shall act upon the changes requested in such petition within 65 days after completion of the hearing. At such hearing, any person or persons may appear and be heard and may be represented by an agency or attorney. The petitioner may consent to one or more extensions of the periods specified in this subsection, provided that the total extension of all such periods shall not be for longer than 65 days, or may withdraw such petition. The failure of the Commission to act within any time period specified in this subsection, or any extension thereof, shall not be deemed to constitute approval of the petition.
The Commission shall make its decision and state, in writing, the reasons why the change in the Inland Wetland and Watercourses Map was made.
§ 215-16. Appeals.
Appeal of actions of the Commission shall be made in accordance with the provisions of § 22a-43 of the Connecticut General Statutes, as amended.
Notice of such appeal shall be served upon the Commission and the Commissioner of Energy and Environmental Protection.
§ 215-17. Conflicts; severability.
If there is a conflict between the provisions of these regulations, the provision which imposes the most stringent standards for the use of wetlands and watercourses shall govern. The invalidity of any word, clause, sentence, section, part, subsection or provision of these regulations shall not affect the validity of any other part which can be given effect without such valid part or parts.
If there is a conflict between any provision of these regulations and the provisions of the Act, the provisions of the Act shall govern.
§ 215-18. Other permits.
Nothing in these regulations shall obviate the requirements for the applicant to obtain any other assents, permits or licenses required by law or regulation by the Town of Weston, State of Connecticut and the government of the United States, including any approval required by the Connecticut Department of Energy and Environmental Protection and the U.S. Army Corps of Engineers. Obtaining such assents, permits or licenses is the sole responsibility of the applicant.
§ 215-19. Fees.
Method of payment. All fees required by these regulations shall be submitted to the Commission by certified check or money order payable to the Town of Weston at the time the application is submitted to the Commission.
No application shall be granted or approved by the Commission unless the correct application fee is paid in full or unless a waiver has been granted by the Commission pursuant to Subsection F of this section.
The application fee is not refundable.
The application fees shall be based on the fee schedule set forth in Chapter 70, Fees, Article I, Land Use Fees, of the Town Code.
Exemption. Boards, commissions, councils, and departments of the Town of Weston are exempt from all fee requirements.
Waiver. The applicant may petition the Commission to waive, reduce, or allow delayed payment of the fee. Such petitions shall be in writing and shall state fully the facts and circumstances the Commission should consider in its determination under this subsection. The Commission may waive all or part of the application fee if the Commission determines that:
The activity applied for would clearly result in a substantial public benefit to the environment or to the public health and safety and the applicant would reasonably be deterred from initiating the activity solely or primarily as a result of the amount of the application fee; or
The amount of the application fee is clearly excessive in relation to the cost to the Town for reviewing and processing the application.
The applicant has shown good cause.
Support service fee.
In the event that additional expenses, including but not limited to outside consultants, experts, or legal advisors, are incurred in processing the permit application, the applicant may be assessed an additional fee in accordance with § 70-2, Support service fee, of the Town Code to cover said costs. Said fees are to be estimated by a qualified party or expert and submitted with the application fee and held until the application is completely processed, after which time any residual funds pertaining to this assessment are to be returned to the applicant.
For the purpose of this assessment, "outside consultant" means a professional who is not an employee of the Town of Weston, including but not limited to engineering, environmental, hydrogeology and hazardous materials management professionals.
The Commission shall state upon its record the basis for all actions under this section.
§ 215-20. When effective.
These regulations shall become effective upon filing in the office of the Town Clerk and publication of a notice of such action in a newspaper having general circulation in the Town of Weston.
§ 215-21. Records retention and disposition.
The Commission and the Town Clerk for the Town of Weston shall retain complete administrative records of Commission actions and dispose of such records in accordance with the retention/disposition schedules set forth in Subsection B.
The Public Records Administrator of the Connecticut State Library established the following records retention/disposition schedule for municipal inland wetlands records, effective February 2005:
| Minimum Retention | Disposition | ||
|---|---|---|---|
| Applications (include supporting materials) | 10 years | Destroy | |
| Decision letters | 10 years | Destroy | |
| Approved site plans | 10 years | Destroy | |
| Legal notices | 1 year | Destroy | |
| Staff and public written testimony | 10 years | Destroy | |
| Minutes of meetings and public hearings | Permanent | Maintain | |
| Tapes, audio - inland wetland matters | 1 year, unless appeal 1 year after appeal | Destroy | |
| Notices of violation and orders | 10 years | Destroy | |
| Text of changes adopted in regulations | Continuous update/permanent | Maintain | |
| General correspondence issued or received | 5 years | Destroy |
Natural Gas Oil Extraction
Chapter 220. Natural Gas and Oil Extraction
[HISTORY: Adopted by the Board of Selectmen of the Town of Weston as indicated in article histories. Amendments noted where applicable.]
[Adopted 1-17-2019]
§ 220-1. Definitions.
The physical act of placing or spreading natural gas waste or oil waste on any road or real property located within the Town of Weston.
The Compliance Officer for the Town of Weston.
The fracturing of underground rock formations, including shale and nonshale formations, by man-made fluid-driven techniques for the purpose of stimulating oil, natural gas, or other subsurface hydrocarbon production.
Any liquid or solid waste or its constituents that is generated as a result of natural gas extraction activities, which may consist of water, brine, chemicals, naturally occurring radioactive materials, heavy metals, or other contaminants;
Leachate from solid wastes associated with natural gas extraction activities;
Any waste that is generated as a result of or in association with the underground storage of natural gas;
Any waste that is generated as a result of or in association with liquefied petroleum gas well storage operations; and
Any products or byproducts resulting from the treatment, processing, or modification of any of the above wastes.
Any liquid or solid waste or its constituents that is generated as a result of oil extraction activities, which may consist of water, brine, chemicals, naturally occurring radioactive materials, heavy metals, or other contaminants;
Leachate from solid wastes associated with oil extraction activities; and
Any products or byproducts resulting from the treatment, processing, or modification of any of the above wastes.
§ 220-2. Prohibitions.
The application of natural gas waste or oil waste, whether or not such waste has received beneficial use determination or other approval for use by the Department of Energy and Environmental Protection ("DEEP") or any other regulatory body, on any road or real property located within the Town of Weston for any purpose is prohibited.
The introduction of natural gas waste or oil waste into any wastewater treatment facility within or operated by the Town of Weston is prohibited.
The introduction of natural gas waste or oil waste into any solid waste management facility within or operated by the Town of Weston is prohibited.
The storage, disposal, sale, acquisition, transfer, handling, treatment and/or processing of natural gas waste or oil waste is prohibited within the Town of Weston.
§ 220-3. Provision to be included in bids and contracts.
The following statement, which shall be a sworn statement under penalty of perjury, shall be included in all bids related to the purchase or acquisition of materials to be used to construct or maintain any publicly owned and or maintained road or real property within the Town of Weston and all bids related to the retention of services to construct or maintain any publicly owned and/or maintained road or real property within the Town of Weston: We hereby submit a bid for materials, equipment and/or labor for the Town of Weston... The bid is for bid documents titled __________. We hereby certify under penalty of perjury that no natural gas waste or oil waste will be used by the undersigned bidder or any contractor, subcontractor, agent or vendor agent in connection with the bid; nor will the undersigned bidder or any subcontractor, agent or vendor agent thereof apply any natural gas waste or oil waste to any road or real property within the Town of Weston as a result of the submittal of this bid if selected."
§ 220-4. Penalties for offenses.
This article shall apply to any and all actions occurring on or after the effective date of this article.
In response to a violation of this article, the Town of Weston is empowered to:
Issue municipal citations not to exceed $250 per violation for each day of ongoing violation pursuant to Chapter 39 of the Code of Ordinances, provided that a written notice of violation has been issued;
Issue "cease and desist" orders requiring abatement of the violation;
Seek any appropriate legal relief, including immediate injunctive relief, as a result of any violation of this article;
File a complaint with any other proper authority;
Require remediation of any damage done to any land, road, building, aquifer, well, watercourse, air quality or other asset, be it public or private, within the Town of Weston; and
Pursue any additional remedies to which it may be entitled, at law and in equity, to the extent permitted by state and federal laws.
The Town of Weston may recover from the offending person(s), jointly and severally, all costs, including experts, consultants and reasonable attorney's fees, that it incurs as a result of having to prosecute or remediate any infraction of this article.
The provisions of this section are in addition to and do not supersede any penalties resulting from simultaneous violations of state or federal laws, to the extent permitted by law.
§ 220-5. Enforcement.
The Code Enforcement Officer is authorized to enforce violations of this article.
Any person issued a municipal citation pursuant to this article shall be entitled to a hearing to contest the citation pursuant to Chapter 39 of the Code of Ordinances.
The involvement of any Weston officials will not require testing of waste products to determine chemical contents, this work will be done via contacting CT DEEP or other third-party analytical laboratories as is current practice of the Town of Weston for other exposures to potentially hazardous chemical situations.
Any designee authorized by the First Selectman of the Town of Weston may request the Commissioner of CT DEEP pursue civil penalties defined by the Connecticut General Statutes, as applicable.
§ 220-6. Severability.
If any clause, sentence, paragraph, subdivision, section or part of this article or the application thereof to any person, individual, corporation, firm, partnership, entity or circumstance shall be adjudged by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair, effect or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or part of this article or in its application to the person, individual, corporation, firm, partnership, entity or circumstance directly involved in the controversy in which such order or judgment shall be rendered. To further this end, the provisions of this article are hereby declared to be severable.
§ 220-7. Transportation.
Nothing in this article shall be interpreted to ban the transportation of any product or by-product described herein on any roadway or real property within the Town of Weston.
Single Use Plastic Bags
Chapter 224. Single-Use Plastic Bags
[HISTORY: Adopted by the Board of Selectmen of the Town of Weston 12-6-2018, effective 3-7-2019. Amendments noted where applicable.]
§ 224-1. Purpose.
The Town of Weston is committed to protecting the environment and the public health, safety, and welfare of its citizens. The goal of this chapter is to reduce the common use of plastic checkout bags and to encourage the use of reusable bags by consumers, thereby reducing local land and marine pollution, advancing solid waste reduction, protecting the Town's unique natural beauty and irreplaceable natural resources, and improving the quality of life for the citizens of the Town.
§ 224-2. Findings.
Single-use plastic bags are an environmental nuisance; adversely affect public health; are a detriment to tourism; and impair the overall quality of life of the Town's residents and visitors.
Because plastic bags are lightweight, they easily become airborne even when properly disposed of, littering beaches, roadsides and sidewalks. They clog storm drainage systems, contribute to marine and terrestrial pollution, and detract from the natural beauty of the Town for visitors and residents alike.
Plastic bags photo-degrade, disintegrating into minute particles which adsorb toxins and pose a threat to riparian and marine environments, contaminating the food chain, water and soil. They are also a menace to marine life, killing birds, marine mammals, sea turtles and fish each year through ingestion and entanglement.
The vast majority of plastic bags are not recycled, and recycling of plastic bags is not available in The Town of Weston. Their disposal adds to the Town's waste management expense, both through the cost of transporting waste to landfills and due to their contamination of the single-stream recycling system.
Single-use plastic bag ordinances have proven to be effective in reducing plastic bag consumption and litter and are part of a growing global movement towards sustainability.
§ 224-3. Definitions.
A carryout bag with or without handles provided by a store to a customer at the point of sale that is intended for the purpose of transporting food or merchandise out of the store. The term "checkout bag" does not include product bags.
The Compliance Officer for the Town of Weston.
A flexible container made of very thin plastic material with a single opening that is used to transport clothing from a dry cleaner, produce, meats, small unpackaged products (e.g., beads and nails or other small hardware items) or other items selected by customers to the point of sale.
A paper bag with or without handles that is 100% recyclable and contains at least 40% post-consumer recycled content (except that an eight-pound or smaller paper bag shall contain a minimum of 20% post-consumer recycled content) and visibly displays both the word "recyclable" and "reusable" on the outside of the bag and the percentage of post-consumer recycled content. Bag must contain no old growth fiber and must be FSC certified.
The transfer to a customer of goods in exchange for payment occurring in retail stores, sidewalk sales, farmer's markets, flea markets and restaurants. The term "retail sales" does not include sales of goods at yard sales, tag sales, other sales by residents at their home, and sales by nonprofit and governmental organizations.
A bag with handles that is specifically designed and manufactured for multiple reuse and is:
Made of cloth or other washable fabric; and/or
Made of durable plastic that is at least 4.0 mils thick.
Any commercial enterprise engaging in retail sales.
§ 224-4. Use regulations; exception.
Any person engaged in retail sales shall provide only reusable bags and/or recyclable paper bags as checkout bags to customers. No store in the Town shall provide plastic checkout bags to any customer.
If a store provides checkout bags, they shall only provide recyclable paper bags or reusable bags.
This chapter shall not apply to product bags.
§ 224-5. Recyclable paper and reusable bag fees; exceptions.
Stores shall charge and retain a fee of not less than $0.10 for each recyclable paper bag or reusable bag provided to a customer.
Nothing in this chapter shall prohibit a store from encouraging and providing incentives for the use of reusable bags. Stores may use credits or rebates for customers that bring their own reusable bags for the purpose of carrying away goods.
The fee for recyclable paper bags shall not apply to customers making purchases using supplemental nutrition assistance program (SNAP) and supplemental nutrition program for women, infants, and children (WIC) or "food stamps." These customers will receive recyclable paper bags free of charge.
§ 224-6. Penalty amount.
Any violation of this chapter shall be punishable by a civil fine of $150 per incident.
§ 224-7. Enforcement.
The Code Enforcement Officer shall be authorized to enforce violations of this chapter.
The Code Enforcement Officer shall provide written notice to any person who violates this chapter. Upon subsequent violation by the same person, the Code Enforcement Officer shall issue a citation as provided for in Chapter 39 of the Code. Repeat offenders shall be issued additional citations without first receiving a notice of violation.
Solid Waste Recycling
Chapter 225. Solid Waste and Recycling Regulations
[HISTORY: Adopted by the Board of Selectmen of the Town of Weston 12-6-1990, effective 1-2-1991. Amendments noted where applicable.]
GENERAL REFERENCES
Outdoor burning — See Ch. 32.
Property maintenance — See Ch. 145.
Solid waste — See Ch. 164.
Deposit of waste — See Ch. 169, Art. I.
§ 225-1. Policy.
The Board of Selectmen shall regulate and control the separation, preparation, collection, depositing, receiving, disposal and removal of all solid waste, garbage, rubbish, trash, refuse and recyclables within the Town of Weston and charge reasonable fees to license and to defray the costs in whole or in part for providing such solid waste disposal facilities and services and the cost of regulating such activities.
§ 225-2. Word usage and definitions.
B. ACCEPTABLE RECYCLABLE MATERIALS
Those items to be received and processed at the SWEROC Regional Intermediate Processing Center, including glass food and beverage containers, metal food and beverage containers, newspaper and certain HDPE and PET plastic food and beverage containers and other recyclables determined by SWEROC and the State Department of Energy and Environmental Protection.
Corrugated boxes and similar corrugated and kraft paper materials which have a minimum of contamination by food or other material.
Any person who holds himself out for hire to collect solid waste from residential, business, commercial and other establishments with the Town.
To be combined or mixed together.
The owner, tenant or other occupant of a dwelling unit, whether or not in the same building with other dwelling units.
Any room or group of rooms located within a building and forming a single, habitable unit with facilities which are used or intended to be used for living, sleeping, cooking and eating.
The General Statutes of Connecticut, as amended.
GLASS FOOD AND BEVERAGE CONTAINER
A glass bottle or jar of any size or shape used to package food or beverage products suitable for human or animal consumption.
Any waste material, except by-product material, source material or special nuclear material, as defined in Connecticut General Statutes (C.G.S.) § 22a-115, which may pose a present or potential hazard to human health or the environment when improperly disposed of, treated, stored, transported, or otherwise managed, including:
Hazardous waste identified in accordance with Section 3001 of the Federal Resource Conservation and Recovery Act of 1976 (42 U.S.C. § 6901 et seq.);
Hazardous waste identified by regulation by the Connecticut Department of Energy and Environmental Protection; and
Polychlorinated biphenyls in concentrations greater than 50 parts per million.
HDPE (HIGH-DENSITY POLYETHYLENE) PLASTIC CONTAINER
Any high-density polyethylene bottle, jar or container of any size or shape used to package food or beverage products suitable for human or animal consumption or used for household laundry products or motor oil which is marked on the bottom with the number "2" encircled by the recycling symbol.
INTERMEDIATE PROCESSING FACILITY or INTERMEDIATE PROCESSING CENTER
A facility where glass, metals, paper products, batteries, household hazardous waste, fertilizers and other items are removed from the waste stream for recycling or reuse.
The foliage of trees.
METAL FOOD AND BEVERAGE CONTAINER
An aluminum, bimetal, steel, tin-plated steel, or other metallic can, plate or tray of any size or shape used to package food or beverage products suitable for human or animal consumption.
Used or discarded newsprint which has a minimum of contamination by food or other material.
Used or discarded high-grade white paper and manila paper, including but not limited to paper utilized for file folders, tab cards, writing, typing, printing, computer printing, and photocopying, which is suitable for recycling and which has a minimum of contamination, excluding office paper generated by households.
Any individual, organization, corporation, trust, partnership, foundation, group, association, or establishment or any combination of them.
PET (POLYETHYLENE TEREPHTHALATE) PLASTIC FOOD AND BEVERAGE CONTAINER
Any polyethylene terephthalate bottle, jar or container of any size or shape used to package food or beverage products suitable for human or animal consumption which is marked on the bottom of the bottle, jar or container with the number "1" encircled by the recycling symbol.
RECYCLABLES or ITEMS TO BE RECYCLED or STATUTORY RECYCLABLE MATERIALS
Cardboard, glass food and beverage containers, metal food and beverage containers, newspaper, certain HDPE and PET plastic food and beverage containers, office paper, scrap metal, storage batteries and waste oil, as defined herein, and such other items as may be designated by the Board of Selectmen.
To separate or divert an item or items from the solid waste stream for the purposes of processing them or causing them to be processed into a material product, including the production of compost, in order to provide for disposition of the item or items in a manner, other than incineration or landfilling, which will best protect the environment.
The processing of solid waste to reclaim material therefrom.
RECYCLING FACILITY or RECYCLING CENTER
Land and appurtenances thereon and structures where recycling is conducted, including but not limited to an intermediate processing center.
Garbage, rubbish, and organic wastes, excluding therefrom body waste, bulky waste, demolition material, hazardous wastes, and recyclable materials.
Real estate containing one or more dwelling units, excluding hospitals, institutions, motels and hotels.
Used or discarded items which consist predominantly of ferrous metals, aluminum, brass, copper, lead, chromium, tin, nickel or alloys thereof, including but not limited to white goods, such as refrigerators, washers and dryers, and metal containers.
Discarded rubber or synthetic rubber tires used by or manufactured for automobiles, vans, pickup trucks, motorcycles and other types and/or sizes as may be approved by the Board of Selectmen.
Any business or professional office or business enterprise with not more than five full-time employees, including owners and managers.
Any solid, liquid, semisolid or contained gaseous material that is unwanted or discarded, including but not limited to material processed at a recycling facility.
Lead acid batteries or other batteries used in motor vehicles, such as automobiles, airplanes, boats, recreational vehicles, tractors and like applications.
The Southwest Connecticut Regional Recycling Operating Committee created by the intercommunity agreement among the towns and cities in southwest Connecticut to establish a regional recycling program.
Crankcase oil that has been utilized in internal combustion engines.
§ 225-3. Refuse and recyclable material disposal.
All solid waste generated within the boundaries of the Town of Weston shall be disposed of at the Town's transfer station site or other sites as may be designated or approved by the Board of Selectmen. Any nonresidential generator of such waste shall submit a request for designation and approval of such other sites to the Board of Selectmen, which shall approve, disapprove or approve with conditions such other site within 60 days of the receipt of such request.
The Town of Weston shall provide, within the Town's transfer station site or sites, facilities for receiving refuse, recyclables, bulky waste and demolition materials from residential properties by residents only and recyclables from small business establishments.
In accordance with the Ordinance Regulating Recycling of Solid Waste in the Town of Weston, Connecticut, the Board of Selectmen designates the Town's transfer station site to be the location of the recycling center, and pursuant to § 22a-220a of the Connecticut General Statutes the Board of Selectmen designates the SWEROC Intermediate Processing Center as the facility where all recyclable glass, metal, plastic food and beverage containers, newspaper and cardboard generated by residential properties within the Town of Weston shall be taken for processing. Unless the Board of Selectmen has given written authorization therefor, the processing or sale of recyclables from residential properties at any other processing facility shall be prohibited.
Editor's Note: See Ch. 164, Solid Waste.
All businesses and nonprofit organizations operating within the Town of Weston shall provide the Board of Selectmen, on a form approved by it, with a quarterly accounting of all items recycled by type, tonnage and method of disposal, if such items are deposited at locations other than the Weston transfer station.
Separation of recyclables.
The following items shall be separated from other residential solid waste and shall be delivered by licensed collectors or residents at locations designated within the transfer station site:
Glass food and beverage containers.
Metal food and beverage containers.
PET (polyethylene terephthalate) plastic food and beverage containers.
HDPE (high-density polyethylene) plastic food and beverage containers.
Newspaper.
Cardboard.
Scrap metal.
Storage batteries.
Waste oil.
Such other items as may be designated by the Board of Selectmen.
The following items shall be separated from other nonresidential solid waste and shall be deposited by licensed collectors and/or small business establishments by temporary permit, as per § 225-6C hereof, at locations designated within the transfer station site or at the designated intermediate processing center or at a private processing center approved by the Board of Selectmen:
Glass food and beverage containers.
Metal food and beverage containers.
PET (polyethylene terephthalate) plastic food and beverage containers.
HDPE (high-density polyethylene) plastic food and beverage containers.
Newspaper.
Cardboard.
Office paper.
Scrap metal.
Storage batteries.
Waste oil.
Such other items as may be designated by the Board of Selectmen.
Preparation of recyclables.
Glass, metal and plastic food and beverage containers shall be commingled in a collection container. All food and beverage containers shall be rinsed clean with all plastic and metal caps removed (labels may be left on). Glass food and beverage containers should be unbroken. Large plastic containers may be flattened to save space. Deposit for redemption beverage containers should not be crushed.
HDPE plastic recyclable containers for nonhazardous materials such as motor oil and detergent shall be well drained.
Newspaper shall be separated from other recyclables, tied four ways with string or twine in bundles approximately eight inches in height and kept dry.
Cardboard (corrugated) and kraft paper containers shall be flattened and tied in bundles.
Unacceptable materials.
The following materials will not be accepted for disposal at the Town's transfer station site:
Leaves, brush, and yard waste.
Stumps.
Hazardous waste.
Septage.
Explosives.
Fill.
Refuse and recyclables collected outside the Town of Weston will not be accepted at the Town's transfer station site.
§ 225-4. Collection and delivery of refuse and recyclables.
The following solid waste items may be collected within Weston and delivered to the designated transfer station site as follows:
Refuse.
Collection by licensed collectors between 6:00 a.m. and 6:30 p.m. Monday through Friday.
Delivery by licensed collectors between 8:00 a.m. and 3:30 p.m. Monday through Friday.
Delivery by residents between 8:00 a.m. and 4:00 p.m. Monday through Friday and 9:00 a.m. and 3:00 p.m. Saturday.
Glass, metal and designated plastic food and beverage containers and newspapers (bundled).
Collection by licensed collectors between 6:00 a.m. and 6:30 p.m. Monday through Friday and 8:00 a.m. and 4:00 p.m. Saturday.
Delivery by licensed collectors between 8:00 a.m. and 4:00 p.m. on Wednesdays, Thursdays and Fridays.
Delivery by residents between 8:00 a.m. and 4:00 p.m. Monday through Friday and 9:00 a.m. and 3:00 p.m. Saturday.
Delivery by owners or operators of small business establishments between 8:00 a.m. and 3:30 p.m. Monday through Friday. (See § 225-6C hereof.)
Cardboard and office paper.
Delivery by residents 8:00 a.m. to 4:00 p.m. Monday through Friday and 9:00 a.m. to 3:00 p.m. Saturday.
Delivery by the owners or operators of small business establishments between 8:00 a.m. and 3:30 p.m. Monday through Friday. (See § 225-6C.)
Scrap metal, storage batteries and waste oil: delivery by residents 8:00 a.m. to 4:00 p.m. Monday through Friday and 9:00 a.m. to 3:00 p.m. Saturday.
Bulky waste, tires and demolition material: delivery by residents Wednesday 8:00 a.m. to 4:00 p.m. and Saturday 9:00 a.m. to 3:00 p.m.
No collectors or vehicles with commercial plates will be allowed to use the designated transfer station site on Saturdays without the prior approval of the First Selectman or Town Administrator, upon four hours' notice.
The transfer station will be closed on Sundays and on holidays designated by the Board of Selectmen.
§ 225-5. License required.
It shall be unlawful for any person not licensed by the Town of Weston to engage in the business of collecting, transporting or disposing of refuse or recyclables generated within the Town for compensation. Nonprofit organizations that collect recyclables for fund-raising purposes shall be exempt from the fee provisions of these regulations.
Each person desiring to engage in the collection, transportation or disposal of refuse and/or recyclables for hire within the Town shall make a written application to the Board of Selectmen or its authorized agent on a form provided for that purpose, setting forth the name of such person, such person's address or address of place of business and a description of the equipment to be used in such collection, transportation or disposal of refuse and/or recyclables. The application shall be accompanied by a certificate of public liability insurance in an amount not less than $100,000/$500,000 and a certificate of workers' compensation insurance in accordance with the state law.
Editor's Note: Amended at time of adoption of Code (see Ch. 205, Adoption of Regulations, Art. I).
Each license issued by the Town shall expire on the 30th day of June each year. Licenses shall be renewed annually in the same manner upon payment of the license fee. Licenses are nontransferable and nonassignable.
§ 225-6. Permit and disposal fees.
The Board of Selectmen shall set a permit fee for each vehicle used by a collector or by an occupant of residential property used to collect, transport and dispose of refuse and/or recyclables. The Board of Selectmen may adjust such permit fee from time to time to offset the operational costs incurred by the Town. Each permit issued by the Town shall expire on the 30th day of June of each year. Permits shall be renewed annually in the same manner upon payment of the applicable permit fee. Permits are nontransferable.
Individuals wishing to dispose of refuse, recyclables or bulky waste generated within the residential property which they occupy within the Town of Weston must obtain a permit (decal) to enter the designated transfer station site. Permits (decals) may be issued for not more than two vehicles per dwelling unit.
Small business establishments wishing to dispose of glass, metal and plastic food and beverage containers, newspaper, cardboard and office paper only on a periodic basis may obtain a temporary permit which shall be valid for one day only. Temporary permits may be issued no more frequently than once a month. The party seeking the permit shall identify the items to be disposed of, their volume or quantity, and the vehicle to be used to deliver the items to the transfer station site.
Disposal fees.
The Board of Selectmen shall establish a schedule of fees for:
The disposal of refuse, bulky waste, tires and demolition material by residents.
The disposal of refuse by collectors.
The disposal of recyclables by residents.
The disposal of recyclables by collectors.
The disposal of certain designated recyclables by small business establishments.
The schedule of fees, Schedule A, shall be a part of these regulations.
Editor's Note: Schedule A is on file in the Clerk's office.
§ 225-7. Collection vehicles.
Vehicles used to collect refuse and/or recyclables shall be of the covered type designed to keep the contents dry and constructed to prevent leakage, access of flies, or the scattering of the contents. They shall be kept clean and in proper operating condition.
Vehicle bodies used to collect and transport refuse may not be used to transport recyclables and vice versa.
Before any vehicle is employed in the collection of refuse and/or recyclables by a collector, the Board of Selectmen shall require the following written approvals:
The Department of Energy and Environmental Protection shall confirm that the vehicle meets the health requirements of this section.
Editor's Note: Amended at time of adoption of Code (see Ch. 205, Adoption of Regulations, Art. I).
The Weston Police Department shall confirm that the vehicle meets all State of Connecticut motor vehicle requirements and is in good working condition.
Prior to obtaining a collector's license or renewing a collector's license, all vehicles to be used for collection and transport shall be inspected by the Weston Police Department to see that they meet all state motor vehicle requirements and are in good working order.
All collectors' vehicles shall be kept clean and free from exterior debris. All seals shall be maintained to prevent leakage and shall be covered to prevent littering and keep contents dry.
All collectors' vehicles shall be clearly marked on the two front doors with the name, address and telephone number of the collector in lettering not less than three inches in height and must display the Town of Weston's identification decal on the front right windshield.
All residential vehicles using the designated transfer station must display the Town of Weston's identification decal on the front right windshield.
Town of Weston vehicles may collect from Town government agencies and transport and dispose of solid waste, including recyclables, at the designated transfer station or at a site approved by the Board of Selectmen.
§ 225-8. Violations; penalties for offenses.
It shall be unlawful for any person, except for nonprofit organizations exempted by § 225-5, who is not licensed by the Town of Weston, in accordance with these regulations, to engage in the business of collecting, delivering, transporting or disposing of refuse and/or recyclables in the Town of Weston for compensation.
It shall be unlawful for any person not authorized and/or licensed by the Town to collect or take recyclables which have been placed outside or otherwise set aside for collection within the Town of Weston.
No person shall deposit at the designated transfer station any refuse containing any recyclables. The Town retains the right to inspect any refuse deposited at the transfer station and to reject said refuse if it is found to contain substantial amounts (more than one cubic foot per load) of recyclables.
No person shall deposit any recyclables contaminated or mixed with refuse or other nonrecyclables at the designated transfer station site.
No collector shall be required to take refuse from a residence or place of business within the Town that contains any recyclables.
Any person who violates any provision of these regulations shall, in addition to other legal remedies of the Town of Weston and the State of Connecticut, be fined not more than $100 for each offense, and each act of collecting, transporting or disposing of solid waste shall be a separate violation.
Whenever a licensed collector or resident persistently violates the provisions of these regulations, the Board of Selectman may suspend its license or his or her permit.
Any business establishment that violates any provision of these regulations may be fined not more than $500 for each offense.
All collectors licensed under these regulations shall be notified by certified mail of the provisions made for the collection and delivery of the items which are required to be recycled by state and local laws, ordinances, and regulations. After the mailing of such notice, any collector, pursuant to Public Act No. 90-249, that knowingly mixes other solid waste with items designated for recycling shall, for a first violation, be liable for a civil penalty of not more than $1,000 and, for each subsequent violation, be liable for a civil penalty of not more than $5,000. At the request of the Commissioner of Energy and Environmental Protection, the Town of Weston or the Attorney General may bring an action, pursuant to Public Act No. 90-249, as amended and/or supplemented, to enforce this penalty.
Editor's Note: See § 22a-220d of the Connecticut General Statutes.
§ 225-9. Severability.
The invalidity of any section or provision of these regulations shall not affect the validity of any other part, which shall be given effect to the extent it is possible to do so without reference to such invalid part or parts.
Storm Sewers
Chapter 227. Storm Sewers
[HISTORY: Adopted by the Board of Selectmen of the Town of Weston 12-6-2018, effective 12-29-2018. Amendments noted where applicable.]
§ 227-1. Purpose/intent.
The purpose of this chapter is to provide for the health, safety, and general welfare of the citizens of Weston through the regulation of nonstormwater discharges to the storm drainage system to the maximum extent practicable as required by federal and state law. This chapter establishes methods for controlling the introduction of pollutants into the municipal separate storm sewer system ("MS4") in order to comply with requirements of the National Pollutant Discharge Elimination System ("NPDES") permit process. The objectives of this chapter are:
To regulate the contribution of pollutants to the storm drainage system through stormwater discharges by any user;
To prohibit and eliminate illicit connections and discharges to the storm drainage system;
To establish legal authority to carry out all inspection, surveillance and monitoring procedures necessary to ensure compliance with this chapter; and
To ensure compliance with the State of Connecticut Department of Energy and Environmental Protection ("DEEP") General Permit for the Discharge of Stormwater from Small Municipal Separate Storm Sewer Systems on January 20, 2016, effective July 1, 2017.
§ 227-2. Definitions.
For the purposes of this chapter, the following definitions shall apply:
BEST MANAGEMENT PRACTICES (BMPS)
Schedules of activities, prohibition of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to stormwater, receiving waters, or stormwater conveyance systems. BMPs also include treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage.
The federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.), and any subsequent amendments thereto.
The Compliance Officer for the Town of Weston.
Activities subject to NPDES construction permits. Currently these include construction projects resulting in land disturbance of five acres or more. Beginning in March 2003, NPDES stormwater phase II permits have been required for construction projects resulting in land disturbance of one acre or more. Such activities include but are not limited to clearing and grubbing, grading, excavating, and demolition.
Any building, lot, parcel of land, or portion of land whether improved or unimproved, including adjacent sidewalks and parking strips.
The First Selectman of the Town of Weston or his/her authorized designee.
Any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.
Any direct or indirect nonstormwater discharge to the storm drain system, except as exempted in § 227-7 of this chapter.
Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the storm drain system including, but not limited to, any conveyances which allow any nonstormwater discharge including sewage, process wastewater, and wash water to enter the storm drain system and any connections to the storm drain system from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved by the First Selectman; any drain or conveyance connected from a commercial or industrial land use to the storm drain system which has not been documented in plans, maps, or equivalent records and approved by the First Selectman or other public official or body having jurisdiction thereof.
Activities subject to NPDES industrial permits as defined in 40 CFR 122.26(b)(14).
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) STORM WATER DISCHARGE PERMIT
A permit issued by EPA [or by a state under authority delegated pursuant to 33 USC § 1342(b)] that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general area-wide basis.
Any discharge to the storm drain system that is not composed entirely of stormwater.
An individual, association, organization, partnership, firm, corporation or other entity recognized by law and acting as either the owner or as the owner's agent.
Anything which causes or contributes to pollution. Pollutants may include, but are not limited to: paints, varnishes, and solvents; oil and other automotive fluids; nonhazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects, ordinances, and accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure; and noxious or offensive matter of any kind.
STORM DRAINAGE SYSTEM [also known as MUNICIPAL SEPARATE STORM SEWER SYSTEM or MS4]
Publicly owned facilities by which stormwater is collected and/or conveyed, including but not limited to any roads with drainage systems, municipal streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and human-made or altered drainage channels, reservoirs, and other drainage structures.
Any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation.
STORMWATER POLLUTION PREVENTION PLAN
A document that describes the best management practices and activities to be implemented by a person or business to identify sources of pollution or contamination at a site and the actions to eliminate or reduce pollutant discharges to stormwater, stormwater conveyance systems, and/or receiving waters to the maximum extent practicable.
Any water or other liquid, other than uncontaminated stormwater, discharged from a facility.
A permanent or intermittent stream or other body of water, either natural or manmade, which gathers or carries surface water. This includes but is not limited to lakes, ponds, rivers, streams and any other surface water defined as a watercourse by the Town's inland wetland regulations.
Editor's Note: See Ch. 215, Inland Wetlands and Watercourses Regulations.
§ 227-3. Applicability.
This chapter shall apply to all water entering the storm drain system generated on any developed and undeveloped lands unless explicitly exempted by the First Selectman or Code Enforcement Officer in accordance with § 227-7B of this chapter.
§ 227-4. Responsibility for administration.
The First Selectman and the Code Enforcement Officer shall administer, implement, and enforce the provisions of this chapter. The First Selectman may delegate his/her powers and duties under this chapter to an authorized designee.
§ 227-5. Severability.
The provisions of this chapter are hereby declared to be severable. If any provision, clause, sentence, or paragraph of this chapter or the application thereof to any person, establishment, or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of this chapter.
§ 227-6. Ultimate responsibility.
The standards set forth herein and promulgated pursuant to this chapter are minimum standards; therefore this chapter does not intend nor imply that compliance by any person will ensure that there will be no contamination, pollution, nor unauthorized discharge of pollutants.
§ 227-7. Discharge prohibitions.
Prohibition of illegal discharges. No person shall discharge or cause to be discharged into the storm drainage system any materials, including, but not limited to, pollutants or waters containing any pollutants that cause or contribute to a violation of applicable water quality standards, other than stormwater.
Exceptions.
The following discharges, provided that they do not contribute to a violation of water quality standards and are not significant contributors of pollutants to the storm drainage system: uncontaminated ground water discharges including, but not limited to, pumped groundwater, foundation drains, water from crawl space pumps and footing drains; irrigation water including, but not limited to, landscape irrigation and lawn watering runoff; residual street wash water associated with sweeping; discharges or flows from firefighting activities (except training); and naturally occurring discharges such as rising ground waters, uncontaminated groundwater infiltration [as defined at 40 CFR 35.2005(20)], springs, diverted stream flows and flows from riparian habitats and wetlands.
Discharges specified in writing by the First Selectman as being necessary to protect public health and safety.
Dye testing, provided that a written notification has been provided to the Code Enforcement Officer prior to the time of the test. Said written notification may be in the form of electronic mail, facsimile transmission or hard copy letter format.
Any nonstormwater discharge permitted under an NPDES permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the Federal Environmental Protection Agency, provided that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations, and provided that written approval has been granted for any discharge to the storm drain system.
Prohibition of illicit connections.
The construction, use, maintenance or continued existence of illicit connections to the storm drain system is prohibited.
This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection.
A person is considered to be in violation of this chapter if the person connects a line conveying sewage to the storm drainage system, or allows such a connection to continue.
§ 227-8. Suspension of storm drainage system access.
Suspension due to illicit discharges in emergency situations. The First Selectman may, without prior notice, suspend storm drainage system discharge access to a person when such suspension is necessary to stop an actual or threatened discharge which presents or may present imminent and substantial danger to the environment, or to the health or welfare of persons, or to the storm drainage system or waters of the United States. If the violator fails to comply with a suspension order issued in an emergency, the First Selectman may take such steps as deemed necessary to prevent or minimize damage to the storm drainage system or waters of the United States, or to minimize danger to persons.
Suspension due to the detection of illicit discharge.
Any person discharging to the storm drainage system in violation of this chapter may have their storm drainage system access terminated if such termination would abate or reduce an illicit discharge. The Code Enforcement Officer will notify a violator of the proposed termination of its storm drainage system access. The violator may petition the Code Enforcement Officer for reconsideration and hearing.
A person commits an offense if the person reinstates storm drainage system access terminated pursuant to this subsection, without the prior approval of the Code Enforcement Officer.
§ 227-9. Industrial or construction activity discharges.
Any person subject to an industrial or construction activity NPDES stormwater discharge permit shall comply with all provisions of such permit. Proof of compliance with said permit may be required in a form acceptable to the Code Enforcement Officer prior to the allowing of discharges to the storm drainage system.
§ 227-10. Monitoring of discharges.
Applicability. This section applies to all facilities that have stormwater discharges.
Access to facilities.
Upon the consent of facility owners, the Code Enforcement Officer shall be permitted to enter and inspect facilities subject to regulation under this chapter as often as may be necessary to determine compliance with this chapter. If a discharger has security measures in force which require proper identification and clearance before entry into its premises, the discharger shall make the necessary arrangements to allow access to the Code Enforcement Officer.
Facility operators shall allow the Code Enforcement Officer ready access to all parts of the facility for the purposes of inspection, sampling, examination and copying of records that must be kept under the conditions of a town, state or federal NPDES permit to discharge stormwater, and the performance of any additional duties as defined by state and federal law.
The Code Enforcement Officer shall have the right to set up on any NPDES permitted facilities such devices as are necessary in the opinion of the Code Enforcement Officer to conduct monitoring and/or sampling of the facility's stormwater discharge.
The Code Enforcement Officer has the right to require the installation of sampling and monitoring equipment on any NPDES permitted facility by the discharger at its own expense. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the discharger at its own expense. All devices used to measure stormwater flow and quality shall be calibrated to ensure their accuracy.
Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the operator at the written or oral request of the Code Enforcement Officer and shall not be replaced. The costs of clearing such access shall be borne by the operator.
Unreasonable delays in allowing the Code Enforcement Officer access to a permitted facility is a violation of a stormwater discharge permit and of this chapter. A person who is the operator of a facility with a NPDES permit to discharge stormwater associated with industrial activity commits an offense if the person denies the Code Enforcement Officer reasonable access to the permitted facility for the purpose of conducting any activity authorized or required by this chapter.
If the Code Enforcement Officer has been refused access to any part of the facility from which stormwater is discharged, and he/she is able to demonstrate probable cause to believe that there may be a violation of this chapter, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program designed to verify compliance with this chapter or any order issued hereunder, or to protect the overall public health, safety, and welfare of the community, then the Code Enforcement Officer may seek issuance of a search warrant from any court of competent jurisdiction.
§ 227-11. Requirement to prevent, control and reduce stormwater pollutants by the use of best management practices.
The First Selectman will adopt requirements identifying best management practices for any activity, operation, or facility which may cause or contribute to pollution or contamination of stormwater, the storm drainage system, or waters of the United States. The owner or operator of a commercial or industrial establishment shall provide, at their own expense, reasonable protection from accidental discharge of prohibited materials or other wastes into the storm drainage system or watercourses through the use of these structural and nonstructural BMPs. Further, any person responsible for a property or facility, which is, or may be the source of an illicit discharge, may be required to implement, at said person's expense, additional structural and nonstructural BMPs to prevent the further discharge of pollutants to the storm drainage system as directed by the First Selectman. Compliance with all terms and conditions of a valid NPDES permit authorizing the discharge of stormwater associated with industrial or construction activity, to the extent practicable, shall be deemed compliant with the provisions of this subsection. These BMPs shall be part of a stormwater pollution prevention plan (SWPP) as necessary for compliance with requirements of the NPDES permit.
§ 227-12. Watercourse protection.
Every person owning property through which a watercourse passes, or such person's lessee, shall keep and maintain that part of the watercourse within the property free of trash, debris, excessive vegetation, and other obstacles that would pollute, contaminate, or significantly retard the flow of water through the watercourse. In addition, the owner or lessee shall maintain existing privately owned structures within or adjacent to a watercourse, so that such structures will not become a hazard to the use, function, or physical integrity of the watercourse.
§ 227-13. Notification of spills.
Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation has information of any known or suspected release of materials which are resulting or may result in illegal discharges or pollutants discharging into stormwater, the storm drainage system, or water of the United States, said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release. In the event of such a release of hazardous materials said person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services. In the event of a release of nonhazardous materials, said person shall notify the Code Enforcement Officer in person or by phone, electronic mail or facsimile no later than the next business day. Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the Code Enforcement Officer within three business days of the notice. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three years.
§ 227-14. Enforcement.
Notice of violation.
Whenever the Code Enforcement Officer finds that a person has violated a prohibition or failed to meet a requirement of this chapter, he or she shall order compliance by written notice of violation to the responsible person.
Said notice of violation may require, without limitation:
The performance of monitoring, analyses, and reporting;
The elimination of illicit discharges or connections;
That violating discharges, practices, or operations shall cease and desist;
The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property;
Suspension of any discharge to the storm drainage system consistent with § 227-8 of this chapter;
The implementation of source control or treatment BMPs; and
Payment of a fine to recover administrative and remediation costs.
If abatement of a violation and/or restoration of affected property are required, the notice shall set forth a deadline within which such remediation or restoration must be completed.
Where elimination of an illicit discharge or connection is not possible within 60 days, a schedule for its elimination will be set for no more than 180 days.
Said notice of violation shall include a statement informing the violator that, should the violator fail to remediate or restore within the established deadline, the Code Enforcement Officer may order the work be done by a designated governmental agency or a contractor and the expense thereof shall be charged to the violator.
Any notice of violation issued pursuant to this subsection shall be served by hand delivery, certified mail return receipt requested, 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.
Issuance of citations. The Code Enforcement Officer may issue a citation and fine in the amount of $250 per day of continuing violation to any person who violates this chapter, in accordance with the procedures established in Chapter 39 of the Town of Weston Code of Ordinances.
Payment of fines.
All fines imposed under this chapter which are uncontested shall be made payable to the Town of Weston and shall be received by the Code Enforcement Officer within 10 business days from receipt of the citation. All fines collected by the Code Enforcement Officer shall be deposited into the Town of Weston General Fund.
If no payment is received for any fine imposed under this chapter within the time allowed for payment, then the Code Enforcement Officer shall act in accordance with the procedures established in Chapter 39 of the Town of Weston Code of Ordinances.
§ 227-15. Citation hearing procedure.
The hearing procedure for any citation issued pursuant to this chapter shall be in accordance with the procedures established in Chapter 39 of the Town of Weston Code of Ordinances.
§ 227-16. Appeal to Superior Court.
Any person or entity aggrieved by a finding, determination, notice order or action taken under the provisions of this chapter may appeal and shall be advised of his right to appeal in accordance with the procedures established in Chapter 39 of the Town of Weston Code of Ordinances.
§ 227-17. Injunctive relief.
It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this chapter. If a person has violated or continues to violate the provisions of this chapter, the Code Enforcement Officer may petition for a temporary or permanent injunction restraining the person from activities which would create further violations or compelling the person to perform abatement or remediation of the violation.
§ 227-18. Compensatory action.
§ 227-19. Violations deemed a public nuisance.
In addition to the enforcement processes and penalties provided, any condition caused or permitted to exist in violation of any of the provisions of this chapter is a threat to public health, safety, and welfare, and is declared and deemed a nuisance, and may be summarily abated or restored at the violator's expense, and/or a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken.
§ 227-20. Criminal prosecution.
Any person that has violated or continues to violate this chapter shall be liable to criminal prosecution to the fullest extent of the law. The Code Enforcement Officer may recover all attorneys' fees, court costs, and other expenses associated with enforcement of this chapter, including sampling and monitoring expenses.
§ 227-21. Remedies not exclusive.
The remedies listed in this chapter are not exclusive of any other remedies available under any applicable federal, state or local law and it is within the discretion of the Code Enforcement Officer to seek cumulative remedies.