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Model Ordinances and Related Materials for Use by Connecticut
Municipalities:
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:
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.
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“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.
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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.
State
of Connecticut Model Water Use Restriction Ordinance Sep 8, 2008.
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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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