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Model Ordinances and Related Materials for Use by Connecticut Municipalities:

Model Municipal Ordinances and Regulations

Introduction:
In 2007, Rivers Alliance surveyed approximately 50 towns and environmental groups on regulations in place in their communities to manage nonpoint source pollution, and regulations that they would like to have in the future.  Following analysis of the survey results, Rivers Alliance of Connecticut compiled these materials for municipalities and environmental organizations in Connecticut. This project was made possible by funding from the Connecticut Department of Environmental Protection through a U.S. Environmental Protection Agency grant under the Clean Water Act Section 319, Nonpoint Source Grant.  

These model ordinances are provided by Rivers Alliance for reference and educational purposes only and are not endorsed by Rivers Alliance.  Their posting does not represent any official sanction or representation of suitability by the Connecticut Department of Environmental Protection. 

Rivers Alliance of Connecticut is grateful to all who participated in the survey.  This was above and beyond any call of duty.  At the CT DEP, Stan Zaremba and Sally Snyder provided outstanding guidance.  Many thanks to all.  The posting of model ordinances will remain a feature of our website.  We look forward to receiving additions and comments from our readers.

Please click on a link on the diagram above or in the chart that follows to jump to that section below.

Buffers Stormwater Excavating and Earth Moving Impervious Surface Implementation & Enforcement Pesticides and Herbicides Septic Water Conservation and Drought Management Zoning Overlay District

 


Buffers:

The first document below is a study done for the Eightmile Wild and Scenic project, but the science findings are generally applicable.  The second document is included because the town of Burlington has an extensive upland review area.

  • “Riparian Buffer Zones: Functions and Recommended Widths.”  This paper by Ellen Hawkes and Markelle Smith of the Yale School of Forestry and Environmental Studies, commissioned by the Eight-Mile River Wild and Scenic Study Committee, is included as an authoritative guide to Buffer Zones. It provides the science basis for specific buffers and their sizing.  (Note: 60.87% (14 of 23) of respondents said their towns’ upland review areas were not consistent with upstream and downstream municipalities.
  • Town of Burlington Upland Review Regulation (URA is 500 feet).

 

(Photo courtesy US FWS CT River Coordinator's Office)

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Stormwater:

2004 Connecticut Stormwater Quality Manual.

The purpose of the Manual prepared by the Connecticut Department of Environmental Protection is to provide guidelines and methods for effective stormwater management.

The manual can be viewed in two ways:  The complete manual can be downloaded to your computer or you can view individual chapters on-line.  You will need the Adobe Acrobat Reader installed on your computer to view the Manual files.

Appendix C: Model Ordinances of the Manual includes a set of links to town regulations (References-page 2), Excerpts from Town Regulations (page 12), and language that can be used as a guideline to create an ordinance (Model Illicit Discharge and Connection Stormwater Ordinance-page 3). 

Adherence to the guidelines in the Manual can be ensured by adopting the checklists for stormwater management pre-construction in Appendix D: Site Stormwater Management Plan Checklist  and post-construction in Appendix E: Maintenance Inspection Checklist.

(Graphic courtesy CT DEP)

Post-Construction Stormwater Management Ordinance for New Development and Redevelopment adapted from an out-of-state ordinance by the DEP for guidance purposes.

 

 

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Excavating and Earth Moving

Below is one regulation from a town (Roxbury) that does not allow commercial mining, and one from a town that does (Cheshire).(Note: 21.6% of survey respondents said their town did not have an excavation regulation.). 

Roxbury Zoning Regulations Section 9, Earth Removal.

Cheshire Zoning Regulations, Section 25, Earth Removal, Filling and Regrading

(photo courtesy nationalatlas.gov)

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Impervious Surface:

Note that many respondents to the survey said their town only had impervious limits in commercial and downtown areas, and these were high:  65% and up.

Town of Washington Impervious Surface Regulation, Definitions and Section 11.5, lot requirements from the rural town Washington; unfortunately the town recently changed the maximum lot coverage for small lots from 10% to 15% because they were getting so many requests from owners of the small lots for variances from the 10% limit.

Eightmile Study, Appendix 9, Section 1, Management Issue #3, impervious surfaces: An excerpt from the Eightmile River Study; this provides information on impacts of imperviousness and steps for linking appropriate regulation to zoning rules, using a build-out analysis; the management plan and other documents are available at the Eight Mile River website, www.eightmileriver.org.

CT DEP TMDL for Eagleville Brook, Mansfield CT pages 7-10, and Appendix 2, on impervious surfaces. This is the first CT Total Maximum Daily Load analysis  to address imperviousness. 

(Animation courtesy NASA)

 

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Implementation & Enforcement:

An Ordinance to Amend the Code of the Town of Guilford. This is a legal notice from Guilford announcing the implementation of an ordinance to permit the town’s land use commissions to collect fees from applicants for town’s costs relating to expert consultants.

An Ordinance Establishing Citation Procedures and Fines from Washington authorizing citations and penalties.

Ordinance Establishing a Municipal Fine for Violation of Wetland Regulations pending in Greenwich.

 

 

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Pesticides/Herbicides:

In responding to the survey, representatives of several towns asked whether it is possible to regulate applications of pesticides and fertilizer.

Roxbury Inland-Wetlands Regulation, June 2007, ban on pesticides or fertilizers applied within 50 ft. of a water body.  Although approved by town counsel and adopted by the town it has not been tested in court. 

A voluntary approach to limiting these substances, passed by the town of Essex.

A resolution declaring a Plainville town park pesticide and chemical fertilizer free.

 

(photo courtesy USDA NCRS CT)

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Septic:

A number of respondents to the survey were interested in an ordinance for governing septic systems that would provide a pump-out schedule, authorization to monitor systems, and the like.  The best one we could find was from Old Lyme, below. Other suggestions would welcome.

Town of Old Lyme, CT Chapter 133: SEWAGE DISPOSAL SYSTEMS

 

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Water Conservation/Drought Management:

One of the challenges in Connecticut water management is to get towns to react to drought in a uniform, predictable manner.  We include here a draft drought-management ordinance, under consideration by the Water Planning Council.

 Draft State of Connecticut Model Water Use Restriction Ordinance July 5, 2007.

 

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Zoning Overlay District:

One hundred percent of survey respondents wanted to cooperate with other towns and organization, often through a river-watershed overlay district.   We include below documents from two Wild and Scenic overlay zones.  One is an overlay summary (from the Eightmile River study); towns are in the process of adopting town-specific versions.  The other is a town-specific version of the overlay district in the Farmington River Wild and Scenic area.  Note, references to authorization under the Wild and Scenic law can be replaced by the appropriate references to Connecticut statutes governing zoning.  We also include a voluntary multi-town compact to protect the Saugatuck River.

Eightmile River Wild and Scenic Study:  River Protection Zoning Overlay Area  --  Summary of Components.

East Haddam regulation (adopted)

Farmington River Overlay Protection District as adopted by Barkhamsted (particularly strong on river protection).

Saugatuck River Watershed Conservation Compact (multi-town agreement)

Candlewood Lake Watershed District

(Photo courtesy US Dept Interior NPS Wild and Scenic Rivers)

 

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Rivers Alliance of Connecticut
PO Box 1797
7 West Street, 3rd Floor
Litchfield, CT 06759
860-361-9349
rivers@riversalliance.org
www.riversalliance.org