The Town of Waterford has been issued a General Permit for the discharge of stormwater from the municipal separate storm sewer system (MS4). To ensure compliance with the terms of the permit and ultimately the requirements of EPA’s Clean Water Act (33 U.S.C. § 1251 et seq.), the Town of Waterford has established zoning regulations for controlling the introduction of pollutants into the Town’s stormwater system. The use of best management practices (BMPs) is one of the requirements for any activity, operation, or facility that may cause or contribute pollution or contamination of stormwater, the storm drain system, or waters of the state of Connecticut.
Developments that disturb equal to or more than ½ acre are subject to additional permits and requirements which include Stormwater Pollution Prevention Plans or Stormwater Management Plans (SMPs) before any development can occur. Operation, maintenance, and inspection of stormwater treatment practices is the responsibility of the property owner before, during, and after construction. The Town of Waterford has published a stormwater BMP Operations and Maintenance (O&M) guidance document. Post-construction stormwater BMP maintenance guidance can also be found in the 2004 Connecticut Stormwater Quality Manual.
TOWN OF WATERFORD CONNECTICUT - ZONING REGULATIONS
Revised Through Effective Date: November 15, 2014
SECTION 8 - GENERAL COMMERCIAL DISTRICT (C-G)
8a.9 ENVIRONMENTAL PROTECTION
8a.9.1 No development shall be undertaken on any lot within this district, nor shall the existing character, including vegetation and topography, be disturbed from its natural state except in accordance with the provisions of Section 25 of these Regulations.
8a.9.2 A storm water management plan shall be submitted which mitigates any impact the use of this site has on water quality. The stormwater management system shall, based on available technology, have the ability to treat the first inch of runoff to remove 80% of total suspended solids, oils, chemicals and floatable debris. Best management practices shall be specified as part of the special permit and site plan and shall include required monitoring and maintenance.
8a.9.3 The percentage of land within the district which will be impervious to the infiltration of water shall not exceed 50%. The Commission may allow a greater percentage of impervious area if equivalent non wetland or lands otherwise restricted to infiltration outside the district but in the same watershed are set aside in a manner that assures that they will be preserved in perpetuity. Such land shall be conveyed in fee or conservation easement to the Town of Waterford or other agency as determined by the Commission. Infiltration of stormwater shall be maintained at predevelopment levels. In addition, a plan to control the quantity of water which minimizes downstream impacts shall be provided.
SECTION 17 - OPEN SPACE DISTRICT (OS)
17a.10 ENVIRONMENTAL PROTECTION
17a.10.1 No development shall be undertaken within this district nor shall the existing character, including vegetation and topography, be disturbed from its natural state except in accordance with the provisions of Section 25 of these regulations.
17a.10.2 A storm water management plan shall be submitted, which mitigates any impact the use of this site has on water quality. The storm water management system shall, based on available technology, have the ability to treat the first inch of runoff to remove 80% of total suspended solids, oils, chemicals and floatable debris. Best management practices to control pollution at the source shall be specified.
17a.10.3 The total area which is impervious to the infiltration of storm water shall be limited to 30% of the site and including the area of the public road.
SECTION 25 - ENVIRONMENTAL PROTECTION
25.5 EROSION AND SEDIMENTATION CONTROL REQUIREMENTS
In order to minimize the erosion of topsoil and the depositing sediments in drainage structures and watercourses in the Town of Waterford, the Commission shall require that plans for the development of land include measures the applicant will take to control erosion and sedimentation during the construction of the development and to prevent its occurrence after completion of the development. It is the intent of this regulation that soil erosion and sediment control plans shall result in development that: minimizes erosion and sedimentation during construction; is stabilized and protected from erosion to the satisfaction of the Planning & Zoning Commission when completed; and does not cause off-site erosion and/or sedimentation.
25.5.2 Activities Requiring a Certified Erosion & Sediment Control Plan
A soil erosion and sediment control plan shall be submitted with any site plan, special permit, a coastal site plan or zoning permit application for the development of land in the Town of Waterford, when the disturbed area of such development is cumulatively more than one half acre. The Commission or its agent may require temporary and permanent soil erosion and sediment control measures for development plans not requiring certification. Any person who conducts a development activity except in accordance with the provisions of a certified soil erosion & sediment control plan shall be considered in violation of these regulations.
25.5.4 Erosion & Sediment Control Plan
188.8.131.52 To be eligible for certification, a soil erosion and sediment control plan shall contain proper provision to adequately control accelerated erosion and sedimentation and reduce the danger from storm water runoff on the proposed site based on the best available technology. Such principles, methods and practices necessary for certification are found in the Connecticut Guidelines for Soil Erosion and Sediment Control (1985) as amended. Alternative principles, methods and practices may be used with prior approval of the Commission.
184.108.40.206 Said plan shall contain, but not be limited to:
A. A narrative describing:
1. The development; as defined in these regulations.
2. The schedule for grading and construction activities including:
- start and completion dates;
- sequence of grading and construction activities;
- sequence for installation and/or application of soil erosion and sediment control measures, including temporary stabilization;
- sequence and specifications for final stabilization of the project site, including all final landscaping;
- contingency or emergency plans in case of failed erosion and sediment control systems and installations.
3. The design criteria for proposed soil & erosion and sediment control measures and storm water management facilities.
4. The construction details for proposed soil erosion and sediment control measures and storm water management facilities.
5. The installation and/or application procedures for proposed soil erosion and sediment control measures and storm water management facilities.
6. The operations and maintenance program for proposed soil erosion and sediment control measures and storm water management facilities.
7. Identification of a designated on-site individual responsible for installation, monitoring and correction of sediment control plan requirements, and authorized to take corrective actions as required to ensure compliance with certified plans.
8. The character of existing vegetation and effect the development will have on the natural vegetation.
220.127.116.11 Inspections shall be made by the Commission or its designated agent during the development to ensure compliance with the certified plan and that control measures and facilities are properly performed or installed and maintained. The Commission may require the Permittee to verify through progress reports that soil erosion and sediment control measures and facilities have been performed or installed according to the certified plan and are being operated and maintained. When required by the Commission such progress reports shall describe: 1) grading progress, 2) the state of all the structural and non-structural erosion and sediment control measures and storm water management facilities, 3) field deficiencies, and 4) overall compliance with the approved plans. Such reports, when required, shall be submitted on a pre-determined schedule, as set by the Commission.
18.104.22.168 During the course of inspections, the Commission or its designated agent may approve variations in materials and methods to control soil erosion and sediment control as shown on the certified plan which do not result in any alterations or extensions of the disturbed area and are substantially consistent with the certified plan.
The Commission’s agent may require more stringent materials and methods than shown on the certified plan when it is determined that such area necessary to control soil erosion and sediment control in compliance with the certified plan. All inspection reports shall specify actions taken pursuant to this section. The provisions of this section shall not authorize the modifications of any permanent structural or non-structural soil erosion or sediment control devices or provision as detailed on the certified plan or any alteration in storm water management facilities.
22.214.171.124 If the Commission or its agent determines that the requirements of the certified soil erosion sediment control plan are not being adhered to, the following action shall be taken:
a. The Commission or its designated agent shall notify the owner/applicant or responsible agent as designated in the certified plan of the violation of the certified plan by transmitting a copy of the inspection report prepared on site to the responsible agent, retaining a copy of such inspection report for subsequent action as provided herein. The Commission or its agent shall specify the corrective measures necessary to comply with the certified plan as determined during the inspection with the responsible agent. In those cases where corrective measures are mutually agreed to, the inspection report shall detail such measures, time period in which they will be implemented (not to exceed 48 hours from time of inspection) and shall have the signature of the Commission’s agent and the applicant/owner or responsible on-site agent.
b. When determined by the inspecting agency that the provisions of the certified plan are not being adhered to and no mutually agreeable solution or measure to correct such violation is obtained with the responsible agent, or such solution has not been implemented within a 48 hour time period, the inspecting officer shall issue a cease and desist order, effective immediately, in writing with a copy of the inspection report to the record owner/applicant, contractor, responsible agent and the surety company.
The order shall provide no more than 48 hours in which to correct such violation and shall act as notice to the surety company, contractor and developer of the Town’s intent to cause the required repairs to be made and bill the contractor, developer, and surety company of the cost of the work then involved. Such action shall be done without prejudice to any other remedy available to the Commission, Board of Selectmen or Conservation Commission. As long as the cease and desist order remains in effect, no Certificate of Occupancy shall be issued.
General Permit for the Discharge of Stormwater from Small MS4s
Waterford Stormwater Management Plan – July 2004
Post-Construction Stormwater Management in New Development and Redevelopment
BMP 5-4 Post-Construction Inspection and Maintenance
The program will:
- Continue existing program of Post-Construction inspection, maintenance, and enforcement of regulations,
- Develop an inspection checklist to assist town inspector and contractors in compliance with the stormwater management practices.
The goal is to continue to provide a sufficient level of inspection and enforcement to ensure that stormwater control measures are maintained properly.