Public Works, Planning & Development Standing Committee of the RTM Special Meeting Materials (linked)
agenda center agenda
| Board/Commission | Representative Town Meeting (RTM) |
|---|---|
| Meeting Date | August 17, 2020 |
| Pages | 24 |
| File Size | 1.2 MB |
| OCR Status | Searchable (OCR processed) |
| Source URL | Original |
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FIFTEEN ROPE FERRY ROAD
WATERFORD, CT 06385-2886
AGENDA
PUBLIC WORKS, PLANNING & DEVELOPMENT STANDING COMMITTEE OF
THE RTM
Special Meeting
Monday, August 17, 2020
6:30 P.M.
Waterford Town Hall
Louise Appleby Room
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1. Call to Order
2. Pledge of Allegiance
3. Roil Call
4. To consider and act upon the March 12, 2020 Meeting minutes.
5. Public Comment
6. Consideration and possible action on item referred to committee:
A. Waterford Code of Ordinances review of Chapters 2.20 and 2.58. (RTC 06-01-20)
B. Proposed changes to the Waterford Code of Ordinances Chapter 15.6, Blighted
Premises (RTC 08-03-20)
7. Adjournment
FIFTEEN ROPE FERRY ROAD WATERFORD, CT 06385-2886
MINUTES
PUBLIC WORKS, PLANNING, AND DEVELOPMENT COMMITTEE OF THE RTM
PUBLIC HEARING & SPECIAL MEETING
Thursday March 12, 2020 ve
5:30 P.M. - Waterford Town Hall a
Auditorium
W Oe avi b202
” The March 12, 2020 Public Hearing of the Public Works, Planning, and D ;
evelopment ¢ mmittee é
the RTM was called to order by Chairperson Michael Rocchetti at 5 30pm, 5 ca
ROLL CALL
Present: Michael Rocchetti, Mike Bono Ted Olyneiw
Absent: Liam O’Leary, Miriam Furey-Wagner
Also Attending: Town Attorney Robert Ayena, Town Clerk David Campo, RTM Member
Susan Driscoll, RTM Moderator Thomas Dembek
AGENDA ITEM 3
MOTION by Bone, seconded by Olynciw, to open the public heating at 5:30P.M,
VOTING IN FAVOR: unanimous
Public Comment: RTM member Susan Driscoll wanted to know the purpose of the amendment.
The reason given was to accommodate a change of location
MOTION by Bono, seconded by Olynciw to close the Public hearing at 5:45 P.M,
VOTING IN FAVOR: unanimous
The March 12, 2020 Special Meeting of the Public Works, Planning,
the RTM was called to order by Chairperson Michael Rocchetti at 5:
ROLL CALL
and Development Vomumittee of
45pm.
Present: Michael Rocchetti, Mike Bono Ted Olyneiw
Absent: Liam O’Leary, Miriam Furey-Wagner
Also Attending: Town Attorney Robert Avena, Town Clerk David Campo, RTM Member
Susan Driscoll, RTM Moderator Thomas Dembek
1]Page
AGENDA ITEM 3
MOTION by Bono; seconded by Rocchetti, to approve the February 13, 2020 meeting minutes.
VOTING IN FAVOR: unanimous
AGENDA ITEM 4
MOTION by Bono, seconded by Olynciw, to recommend the proposed amendments to the
Waterford Code of Ordinances, Chapter 8.04 — Refuse Collection and Disposal to the
Representative Town Meeting. .
VOTING IN FAVOR: unanimous
MOTION by Olynciw, seconded by Rocchetti to adjouin.
VOTING IN FAVOR: unanimous
Respectfully submitted,
Michael Rocchetti
Chairman
Cee ee ee ee eee et iee aPage
Title 8 - HEALTH AND SAFETY
TOIHAR 20 AAV 32
Chapters:
Chapter 8.04 - REFUSE COLLECTION AND DISPOSAL
Sectlons:
8,04.010 - Declaration of policy.
The accumulation, collection, removal and disposal of refuse must be controlled by this municipality
for the protection of the public health, safety and welfare. Itis consequently found and declared that:
A. This municipality is authorized by law to regulate the disposition of refuse generated within its
boundarlas and to collect a charge therefor and to license refuse collectors; and
B. This municipality is authorized by Connecticut General Statutes Annotated Section 22a-220a to
designate the area where refuse generated within its boundarles shall be disposed; and
C. This municipality has executed a Municipal. Solid Waste Management Services Contract with
the Southeastern Connecticut Regional Resources Recovery Authority (SCRRRA), Including an
Amendment No. 6 to such Municipal Solid Waste Management Services Contract (collectively
with such Amendment No. §, the MSA). The MSA defines the System (the SCRRRA System)
to include the solld waste disposal and resource recovery facility located in Lisbon, Connecticut
and operated by Wheelabrator Lisbon Inc. or its successors or assigns (the SCRRRA Facility)
pursuant to a Solid Waste Disposal Agreement between SCRRRA and Wheelabrator Lisbon
inc. (the Wheelabrator Agreement), and designates the SCRRRA Faellity as the “Facility” within
the SCRRRA System. Pursuant to the MSA, this municipality has agreed to deliver or cause to
be delivered all Solid Waste (as defined In the MSA) generated within the corporate boundaries
of thls municipality to the SCRRRA System as directed by SCRRRA for ultimate delivery to the
SCRRRA Facllity for disposal, subject to and in accordance with the Wheelabrator Agreement.
D. This muntelpality seeks to encourage the recycling of refuse and other methods to reduce the
volume of municipal solid waste generated within Its boundaries; and
E, The enactment of this chapter is in furtherance of this municipality's solid waste management
plan. :
(RTM, 10-3-88: prior code § 8-1)
8.04,020 - Definitions.
For the purposes of this chapter the words set out in this section shall have the following meanings:
"Bulky wastes" means constructton debris, street sweepings and oversized bulky items including, but
not limited to, discarded appliances, large parts of autornobiles, and oversized tree stumps, logs and
branches. “Oversized municipal solid waste” means oversized bulky items including, but not limited to,
discarded appliances, large parts of automobiles and furniture.
“Commercial food refuse” means and includes waste from the preparation, cooking and consumption
of food, condemned food products and all refuse from the handling, storage, preparation and sale of
produce originating primarily in commercial kitchens, stores, restaurants, food markets and factorles.
“Director” means the director of public works of this municipality,
"Hazardous wastes" means solid and liquid wastes in the following classifications:
1. Explosives;
2, Pathogenic or pathological wastes;
Radioactive wastes;
4. . Cleaning fiulds, acids, poisons, medicines or other chemical wastes which either create an
immediate safety hazard to persons disposing of the waste or which by virtue of their chemistry
and/or the method of disposal present a threat to the quallly of ground or surface waters;
5. Hospital operating room wastes,
"Municipality" means the town of Waterford. -
"Night soil” means any liquid or solid matter which accumulates In any privy, cesspool, septic tank or
other sewage disposal system.
"Recyclable materials” means materials which have been so designated by the director, as approved
by the board of selectmen; provided, however, the director shall, at a minimum, designate those materials
as recyclable that are designated as recyclable under the regulations of the Connecticut Department of
Environmental Protection.
"Refuse" means unwanted and discarded solid materials, but does not include:
1. Liquid wastes Including, but not limited to, semisolid, liquid materials collected in a municipal
sewage system or a septic system,
Bulky wastes;
Hazardous wastes; or
Any other material which may not be lawfully disposed of in a sanitary landfill or a resources
recovery facility.
"Refuse collectors" include any person, firm or corporation engaged in the business of collecting and
transporting refuse, including recyclable materials, for hire within this municipality.
"Solid waste" means refuse which Is not recyclable materials.
(R.T.M. 2-7-00 (part); R.T.M. 10-3-88: prior code § 8-2)
8,04.030 - Regulations.
The board of selectmen is authorized to enact from time to time such regulations as it shall deem in
the public interest and as allowed by the Connecticut General Statutes Annotated regarding the
separation, recovery, collection, removal, storage, preparation and disposition of refuse, bulky waste,
hazardous waste and recyclable materials, Including but not limited to any applicable fees and fines. Such
regulation shall become effective immediately upon passage, shall be published immediately after
passage in a local dally newspaper, and shall be immediately posted in a conspicuous place in the fown
hall and at disposal sites designated as such by the director that are within the municipality.
(R.T.M. 10-3-88: prior code § 8-3)
8.04.040 - Licenses for refuse collections,
A, LUcense Required, No person may collect or dispose of refuse in this municipality without a license,
except that the actual producers of refuse or the owners of premises in this municipality upon which
refuse has accumulated may personally collect and dispose of such refuse at such places as the
director may designate. .
B. Licensing Authorlty Designated. The director shall be the ficensing authority for tefuse collectors.
The director shall grant a license within a reasonable time following the filing of proper application
and payment of the prescribed fee unless he finds one or more of the following conditions to prevail:
Cc,
gE
1. The applicant has been Irresponsible in conduct of refuse collection and hauling operations
based upon previous suspensions and/or revocations of licenses or based upon violation of any
regulations enacted by the board of selectmen;
2. The applicant lacks suitable equipment with which to collect refuse in a safe and nuisance-free
manner.and In compliance with this chapter;
3. The applicant lacks adequate liability insurance.
Revocation or Suspension of License. A license to engage in refuse collection and to use the waste
disposal or processing facilltles provided by this municipality is a privilege, not a right. In the event
the holder of a license issued under the provisions of this chapter fails to comply with fhe provisions
of such license the director shall have authority to revoke or suspend such license in addition to any
other penalty (impossible) imposed by law. .
Director Responsible. The director shall administer the licensing of any refuse collector engaged In
the collecting and transporting of refuse in this municipalily. The director shall also regulate the
refuse collectors' responsibilities and obligations in the collection and disposal of refuse or bulky
waste. The director shall regulate refuse collectors in accordance with Section 22a-220a of the
Connecticut General Statutes Annotated.
All solid waste generated in this municipality shall be delivered or caused to be delivered to the
SCRRRA System for so long as the MSA remains In effect, as directed by SCRRRA and for ultimate
delivery to the SCRRRA Facility to the extent any such solid waste is not acceptable for disposal at
the SCRRRA Facility, such unacceptable solid waste shall be delivered or caused to be delivered to
such other facility designated by SCRRRA. After the MSA is no longer In effect, the board of
selectmen shall designate the facility for the delivery of solid waste generated in this municipality.
All regulations of the board of selectmen and any direction or designation by the board of
selectmen about the disposal of solid waste generated in this municipality shall be consistent with
this paragraph E of Section 8.04.040.
(R.T.M. 2-7-00 (part); R,T.M, 10-3-88: prior code § 8-4)
8.04.050 - Refuse containers. .
The owner of each premises upon which refuse is created or generated shail provide a suitable
place upon such premises for sufficient receptacles for recelving and holding such refuse during the
intervals between collections, The board of selectmen, in the regulations adopted pursuant to Section
8,04.036 of this chapter, shall determine whether such receptacles are to be provided by the owner or by
the municipality and shall determine the standards to which such receptacles shall conform.
(R.T.M. 2-7-00 (part); R.T.M, 10-3-88: prior code § 8-5)
8.04.060 - Storing and disposing of refuse.
A.
Public Places. No person shall place any refuse In any street, alley or other public place or upon any
private property, whether owned by such person or not, within this municipality except in proper
containers or otherwise properly prepared for collection or under express approval granted by the
director, No person shall throw or deposit any refuse in any stream or other body of water.
Accumulation of Refuse. Any uncontainerlzed accumulation of refuse on any premises is declared to
be a nuisance and {s prohibited. Failure to remove any accumulation of refuse within ten days after
written notice from the director by registered mail shall be deemed a violation of this chapter.
C. Scattering of Refuse. No person shall cast, place, sweep or deposit anywhere within this
municipality any refuse in such a manner that it may be carried or deposited by the elements upon or
in any street, sidewalk, alley, sewer, parkway or other public place, or inta any occupied premises.
D. litegal Dumping. No person shall dispose of solid waste In a receptacle rented or owned by another
person. No person shall contaminate a receptacle designated for recycling by disposing of solid
waste in such receptacte.
(R.T.M, 10-3-88: prior code § 8-6)
8.04.070 - Hazardous wastes.
It is untawful for any person, firm or corporation to place hazardous wastes or similarly dangerous
substances into any refuse container, or to transport any such substance to any place designated for the
disposat or delivery of refuse or bulky waste,
(R.T.M, 10-3-88: prior code § 8-7)
8.04.080 - Bulky wastes.
Bulky waste may not be collected or mixed with refuse and shail be delivered or disposed of at such
place and time as the diractor may from time to time designate and any applicable charge shail be paid
by the person delivering the waste. :
(R.T.M. 10-3-88: prior code § 8-8)
8.04.090 - Source separation and recycling.
A. Separation of Materials for Collection. Recyclable materials shall be separated from solid waste and
prepared for collection. Refuse and recyclable material shall be placed at the curb or other
designated collection place for collection on the days designated by the director in accordance with
the regulation established by the board of selectmen. In no event will the collection of recyclable
materials which are bottles, cans, glass or paper be less than twice a month. The director shail
determine and provide pubite notice of the schedule for collecting all other recyclable materiats.
B. Separation at Nonresidential Premises and Multifamily and Elderly Housing Developments. The
owners or operators of multifamily and elderly housing developments, and commercial, industrial or
other nonresidential premises where refuse Is created or generated shall provide sufficient areas and
receptacles on the premises for convenient separation and storage of refuse and recyclable
materials. Recycling receptacles must be clearly labeled as being for recyclables only and must be a
type and color as specified in regulations.
(R.T.M. 2-7-00 (part): R.T.M. 10-3-88: prior code § 8-9)
8.04.100 ~ Sewage disposal factlity and well permits.
A. No person shail construct, reconstruct, alter or enlarge any sewage disposal facility within the town
without the prior Issuance of a permit by the director of health or his agent.
B. No person shail construct a well within the town without the prior issuance of a permit by the director
of health or his agent. :
C. Reasonable fees‘ for such permits and certificates shall be defined and revised by the board of
selectmen. :
D. Anyone who violates this sectlon shail be subject to penalties and fines in amounts as allowed in
Section 19a-206 of the General Statutes of Connacticut.
(RTM, 10-3-94)
8.04.110 - Collection on unaccepted streets.
The board of selectmen shall have the power to take such measures as it shall deem effectual for
the removal of refuse and recyciables from, multifamily and elderly housing developments. The board of
selectmen shall provide that such housing developments be served by municipal collection, upon such
conditions as it may require. As a precondition to receiving municipal collection, improvernents shall be
made to refuse or recyclable areas or receptacles for the storage or collection of solid waste by the
owner(s) of the development, to the extent required to conform to the town’s collection methods. The
design of the collection system shail be approved by the director of public works and shall conform to
zoning regulations and permits, and shall be installed by the ownar(s) prior to the initiation of municipal
collection.
(R.T.M. 2-7-00 (part): R.T.M, 12-5-94 (part): R.T.M. 10-3-88: prior code § 8-11)
8.04,120 - Violatlon—Penalty.
Any violation of the terms of this chapter shall be deemed an infraction and shall be punishable by a
fine of not more than ninety dollars for each offense. The board of selectmen shall establish a schedule of
fines for such Infractions. Each infraction shall be a separate and distinct offense and, In case of a
continuing Infraction, each day's continuance thereof shall be deemed a separate and distinct offense. [n
addition, the town or its agent, reserves the right to refuse to collect garbage, rubbish or other refuse, or
to allow disposal in a landfill utilized by the town where the spirit or letter of this chapter or the regulations
enacted under these provisions are ignored. The board of selectmen shall have full discretionary authority
in deciding all disputed questions arising under the provisions of this chapter or the regulations enacted
under these provisions.
(R.T.M. 10-3-88: prior code § 8-12)
Title 8 - HEALTH AND SAFETY
Chapters:
Chapter 8,04 - REFUSE COLLECTION AND DISPOSAL ta
Sections:
8.04.010 - Declaration of policy.
The accumulation, collection, removal and disposal of refuse must be controlled by this municlpality
for the protection of the pubilc health, safety and welfare. It is consequently found and declared that:
A.
B,
Cc.
This municipality is authorized by law to regulate the disposition of refuse geherated within its
_boundaries and to collect a charge therefor and to licanse refuse collectors; and
This municlpatity is authorized by Connecticut General Statutes Annotated Section 22a-220a ta
designate the area where refuse generated within its boundaries shall be disposed, and
This municipality has executed a municipal Municipal selld—Solld waste-Waste Franagement
Management services-Services contract-Contract with the Southeastern Connecticut Regional
Resources Recovery Authorily (SCRRRA}-}, including an Amendment No. 5 to such Municipal
Solid Waste Management Services Contract (collectively with such Amendment No. 5, the
MSA)._ The MSA defines the System (the SCRRRA System) to include the solid waste disposal
and resource recovery facility located in Lisbon, Connecticut _and operated by Wheelabrator
Lisbon inc. or its successors or assigns (the SCRRRA Faoility) pursuant to a Solid Waste
Disposal Agreement between SCRRRA and Wheelabrator_Lisbon Inc. (the Wheelabrator
Agreement}, and designates the SCRRRA Facllily as the “Facility” within the SCRRRA System.
Pursuant to the MSA, this municipality has agreed to deliver or cause to be delivered all Solid
Waste (as defined in the MSA) generated within the corporate boundaries of this municipality to
ihe SCRRRA System as directed by SCRRRA for ultimate delivery to the SCRRRA Easility for
disposal, subject to and in accordance with the Wheelabrator Agreement.
This municipality seeks to encourage the recycling of refuse and other methods to reduce the
volume of municipal solid waste generated within Its boundarles; and
The enactment of this chapter is In furtherance of this municipality's solid waste management
plan.
(RTM. 10-3-88: prior code § 8-1)
8.04.020 - Definitions.
For the purposes of this chapter the words sat out in this section shall have the following meanings:
"Bulky wastes" means construction debris, street sweepings and oversized bulky items including, but
not limited to, discarded appliances, large parts of automobiles, and oversized tree stumps, logs and
branches. "Oversized municipal solid waste" means oversized bulky items Including, but not limited to,
discarded appliances, large parts of automobiles and furniture,
“Commercial food refuse" means and Includes waste from the preparation, cooking and consumption
of food, condemned food products and alt refuse from the handling, storage, preparation and sale of
produce originating primarily in commercial kitchens, stores, restaurants, foad markets and factories.
“Director” means the director of public works of this municipality.
Hazardous wastes" means solld and liquid wastes in the following classifications:
1.
Explosives;
{101927065.DOC; v.}
Pathogenic or pathological wastes;
Radioactive wastes;
Cleaning fluids, acids, poisons, medicines or other chemical wastes which either create an
immediate safety hazard to persons disposing of the waste or which by virtue of their chemistry
and/or the method of disposal present a threat to the quality of ground or surface waters;
6. Hospital operating room wastes.
"Municipality" means the town of Waterford.
"Night soil" means any liquid or solid matter which accumulates In any privy, cesspool, septic lank or
other sewage disposal system.
"Recyclable materials" means materials which have been so designated by the director, as approved
by the board of selectmen; provided, however, the director shall, at a minimum, designate those materials
as recyclable that are designated as recyclable under the regulations of the Connecilcut Department of
Environmental Protection. . . .
“Refuse” means unwanted and discarded solid materlals, but does not include:
4. Uquid wastes including, but not timited to, semisolid, liquid materlats collected in a municipal
sewage system ar a septic system;
2. Bulky wastes;
Hazardous wastes; or
Any other material which may not be lawfully disposed of in a sanitary landfill or @ resources
recovery facility.
"Refuse collectors” include any person, firm or corporation engaged in the business of collecting and
transporting refuse, including recyclable materials, for hire within this municipality.
"Solid waste" means refuse which is not recyclable materials.
(R.T.M. 2-7-00 (part); R.T.M. 10-3-88: prior code § 8-2)
8,04,030 ~ Regulations.
The board of selectmen is authorized to enact from time to time such regulations as it shall deem In
the public interest and as allowed by the Connecticut General Statutes Annotated regarding the
separatlon, recovery, collection, removal, storage, preparation and disposition of refuse, bulky waste,
hazardous waste and recyclable materials, including but not limited to any applicable fees and fines. Such
regulation shall become effective immediately upon passage, shali be published Immediately after
passage in a local dally newspaper, and shall be lmmediately posted In a conspicuous place in the town
hall and at disposal sites designated as such by the director that are within the municlpatity.
(R.T.M. 10-3-88: prior code § 8-3)
8,04.040 - Licenses for refuse collections,
A. License Required. No person may collect or dispose of refuse in this municipality without a licanse,
except that the actual producers of refuse or the owners of premises in this municipatily upon which
refuse has accumulated may personally collect and dispose of such refuse at such places as the
director may designate. .
B. Licensing Authority Designated. The director shall be the licensing authority for refuse collectors.
The director shall grant a license within a reasonable time following the fillng of proper application
and payment of the prescribed fee unless he finds one dr more of the following conditions to prevail:
{101927065.D0C; v,}
on
1. The applicant has been irresponsible in conduct of refuse collection and hauling operations
based upon previous suspensions and/or revocations of licenses or based upon violation. of any
regulations enacted by the board of selectmen; ,
2. The applicant lacks suitable equipment with which to collect tefuse In a safe and nuisance-free
manner and in compliance with this chapter;
3. The applicant lacks adequate liability Insurance.
Revocation or Suspension of License, A license to engage in refuse collection and to use the waste
disposal or processing faclillles provided by this muntcipalily is a privilege, not a right. In the event
the holder of a license issued under the provisions of this chapter fails to comply with the provisions
of such license the director shalt have authority to revoke or suspand such license in addition to any
other penaity (impossible) imposed by law.
Director Responsible. The director shall administer the licensing of any refuse collector engaged in
the collecting and transporting of refuse in this municipality. The director shall also regulate the
refuse collectors’ responsiblilitles and obligations In the collection and disposal of refuse*6r bulky
waste, The director shall regulate refuse collectors in accordance with Section 22a-220a of the
Connecticut General Statutes Annotated.
All solid waste generated in this municipality shall be delivered or caused to be delivered to the
SCRRRA System for so long as the MSA remains in effect, as directed by SCRRRA and for ultimate
delivery to the SCRRRA Facility to the extent any such solid waste is not acceptable for disposal at
the SCRRRA Facllity, such unacceptable solid waste shall be delivered or caused to be delivered to
such other facility designated by SCRRRA. After the MSA is no longer in effect, the board of
selectmen shall designate the facility for the delivery of solid waste generated In this municipality,
All regulations of the board of selectmen and any direction or designation by the board of
selectmen about the disposal of solid waste generated in this municipality shall be consistent with
this paragraph £ of Section 8.04.040,
(R.T.M. 2-7-00 (part); R.T.M. 10-3-88: prior code § 8-4)
8,04.050 - Refuse containers.
‘The owner of each premises upon which refuse is created or generated shall provide a suitable
place upon such premises for sufficient receptacles for recelving and holding such refuse during the
intervals between collectlons. The board of selectmen, in the regulations adopted pursuant to Section
8,04,030 of this chapter, shall determine whether such receptacles are to be provided by the owner or by
the municipality and shail determine the standards to which such receptacies shall conform.
(R.T.M. 2-7-00 (part); R.T.M, 10-3-88: prior code § 8-5)
$.04.060 - Storing and disposing of refuse.
A.
Public Places. No person shall place any refuse in any street, alley or other public place or upon any
private property, whether owned by such person or not, within this municipality except in proper
containers or olherwise properly prepared for collection or under express approval granted by the
director. No persort shall throw or deposit any refuse in any stream or other body of water.
Accumulation of Refuse. Any uncontainerized accumulation of refuse on any premises Is declared to
be a nuisance and Is prohibited. Failure to remove any accumulation of refuse within ten days after
written notice from the director by registered mall shall be deemed a violation of this chapter.
{101927065.DOC; v.}
C. Scattering of Refuse. No person shail cast, place, swesp or deposit anywhere within this
municipality any refuse in such a manner that It may be carrlad or deposited by the elements upon or
In any street, sidewalk, alley, sewer, parkway or other public place, or into any occupied premises.
D. Illegal Dumping. No person shall dispose of solid waste in a receptacle rented or owned by another
person, No person shall contaminate a receptacle designated for recycling by disposing of solid
waste In such receptacle.
(R.T.M. 10-3-88: prior code § 8-6) ,
8,04.070 - Hazardous wastes.
itis unlawiul for any person, firm or corporation to place hazardous wastes or similarly dangerous
substances into any refuse container, or to transport any such substance to any place designated for the
disposal or delivery of refuse or bulky waste.
(R.T.M. 10-3-88: prior code § 8-7)
8.04,080 - Bulky wastes,
Bulky waste may not be collected or mixed with refuse and shall be delivered or disposed of at such
place and time as the director may from {ime {o time designate and any applicable charge shail be paid
by the person delivering the waste,
(R.T.M, 10-3-88: prior code § 8-8)
8,04.090 - Source separation and recycling.
A. Separation of Materlals for Collection. Recyclable materials shall be separated from solid waste and
prepared for collection, Refuse and recyclable material shall be placed at the curb or other
designated collection place for collection on the days designated by the director in accordance with
the regulation established by the board of selectmen. In no event will the collection of recyclable
materials which are bottles, cans, glass or paper be tess than twice a month. The director shall
determine and provide public notice of the schedule for collecting all other recyclable materials.
B. Separation at Nonresidential Premises and Multifamily and Elderly Housing Developments. The
owners or operators of multifamily and elderly housing developments, and commercial, industrial or
other nonresidential premises where refuse is created or generated shall provide sufficient areas and
receptacles on the premises for convenient separation and storage of refuse and recyclable
materials. Recycling receptacles rust be clearly labeled as being for recyclables only and must be a
type and color as specified In regulations. oo se
(R.T.M, 2-7-00 (part): R.T.M. 10-3-88: prior code § 8-9)
8.04.100 - Sewage disposal facility and well permits.
A. No person shall construct, reconstruct, alter or enlarge any sewage disposal facility within the town
without the prior issuance of a permit by the director of health or his agent.
B. No person shail construct a well within the town without the prior Issuance of a permit by the director
of health or his agent.
C. Reasonable fees for such permits and certificates shall be defined and revised by the board of
selectmen. . . :
{101927065.D0C; v,}
D. Anyone who violates this section shall be subject to penalties and fines In amounts as allowed in
Section 19a-206 of the General Statutes of Connecticut, .
(R.T.M, 10-3-94)
8.04.110 - Collection on unaccepted streets.
The board of selectmen shall have the power to take such measures as It shall deem effectual for
the removal of refuse and recyclables from multifamily and elderly housing developments. The board of
selectmen shall provide that such housing developments be served by municipal collection, upon such
conditions as it may require. As a precondition to receiving municipal collection, Improvements shall be
made to refuse or recyclable areas or receptacles for the storage or collection of solid waste by the
owner(s) of the development, to the extent required to conform to the town's.collection methods, The
design of the collection system shall be approved by the director of public works and shall conform to
zoning regulations and permits, and shall be installed by the owner(s) prior to the initfation of municipal
collection. .
(R.T.M. 2-7-00 (part): R.T.M. 12-5-94 (part): R.T.M. 10-3-88: prior code § 8-11)
8.04,120 - Violation—Penalty.
Any violation of the terms of this chapter shall be deemed an infraction and shall be punishable by a
fine of not more than ninety dollars for each offense, The board of selectmen shall establish a schedule of
fines for such infractions, Each infraction shail be a separate and distinct offense and, In case of a
continuing Infraction, each day's continuance thereof shall be deemed a separate and distinct offense. in
addition, the town or ils agent, reserves the right fo refuse fo collect garbage, rubbish or other refuse, or
to allow disposal in a landfill ulllized by the town where the spirit or letter of this chapter or the regulations
enacted under these provisions are Ignored. The board of selectmen shail have full discretionary authority
In deciding all disputed questions arising under the provisions of this chapter or the regulations enacted
under these provisions.
(R.T.M. 10-3-88: prior code § 8-12)
{!01927065.D06¢; v.}
FIFTEEN ROPE FERRY ROAD WATERFORD, CT 06385-28
DEPARTMENT OF PLANNING AND DEVELOPMENT
MEMORANDUM
TO: Thomas Dembek, Moderator, Waterford Representative Town. Meeting
FROM: Abby Y. Piersall, AICP, Director of Planning and Development
DATE: May 18, 2020
the Waterford Code of Ordinances Chapters 2,20 and 2.58, enabling the Facilities
‘TITLE: Proposed Changes to
itment to the Department of Public Works.
Manager position to be moved from the Planning Depa
Since June of 2014, the Planning Department has, by ordinance, overseen maintenance for Town buildings, In that
time, the building maintenance program has grown from providing assistance with repairs and capital planning to
planning and managing major repairs and renovations, handling routine maintenance calls, and developing an asset
management program. In January of 2020, the Town replaced the part-time Facilities Coordinator position with a
full-time Facilities Manager. This personnel change has further increased the Town’s capacity to plan for and
perform appropriate building maintenance.
Creating the full-time Facilities Manager position was accomplished with the understanding that the nature of the
work was most closely aligned with the Public Works Department. Moving the Facilities Manager to DPW would
provide the position with more resources for tools, labor, and technical support. The move would also enable the
Planning Department to direct more resources to economic development activities, Long-range facilities planning
would still be done in partnership with the Plansing Director, but would be under the supervision of the DPW
Director,
The Planning Director, Public Works Director, and Town Attomey worked together to draft amendments to sections
2.20 and 2.58 of the Waterford Code of Ordinances to enable the position to move to DPW. The proposed
amendments are respectfully subniitied for the RTM’s consideration and to forward to the appropriate committee for
review,
CliHNY G4} Ayu ozaz
Proposed Amendments (May 18, 2020)
Chapter 2.20 - PUBLIC WORKS DEPARTMENTE!
Footnotes:
he (2) ---
Editor's note— An amendment dated June 2, 2014, amended Ch. 2.20 in its entirely to read as herein
set out. Former Ch. 2.20, §§ 2.20.010—2.20.040, pertained to similar subject matter and derived from:
Prior code §§ 2-106—2-109; and R.T.M. 10-1-01 (part). .
2.26.010 - Created—Duties,
There is a department of public works which, under the supervision of the first seleciman,
shall have supervision and control of the planning, surveying, constructing and reconstructing,
altering, paving, repairing, maintaining, cleaning, lighting and inspecting of highways, sidewalks
and curbs, public drains, and other public infrastructure improvements, and the preservation,
care and removal of trees within highways or public places and related engineering work of the
town; and the collection and disposal of garbage, rubbish, ashes, recycling and operations of
transfer station. Further, the department may install and/or supervise the installation of water
and sewer lines, but only if and to the extent requested by the ulility commission, and as
approved by the first selectman; provided the costs are charged against the appropriations of
the requesting commission.
{n addition, the department shail be responsibie for the maintenance, alteration, renovation
and repair of all town owned buildings and facilities,, other than schools, water and sewer
infrastructures such as pumping stations and utility commission buildings, and facilities under
the management of the recreation and parks commission, to include, but not limited to, town
hall, library, ernergency operations center, community center, youth and family services, police,
public works, jordan park house, and nevins cottage. Facilities shall include all parking,
handicap access, and pedestrian ways used to access buildings.
(Amend. of 6-2-14(1))
220.020 - Director—Appointment, removal, powers and duties.
The board of selectmen shall appoint and may remove a director of public works who shall be
responsible for the efficiency, discipline and good conduct of the department, and who shall appoint and
may remove such deputies, assistants and employees as the director may deem necessary, and shail
prescribe thelr duties. The director shall be responsible for the preparation of the departmental budget,
which shall be submitted to the board of selectmen far review and presentation to the board of finance.
The director shall exercise his powers and discharge his duties under the supervision of the first
selectman. The diractor shall organize the work of the department in such a manner as the director shall
deam most economical and efficient. The director shall be the tree warden and shail have all the powers
and duties thereof as provided in C.G.S.A. Ch, 461, as amended.
(Amend. of 6-2-14(1)) . .
2.20.030 - Personne!l—Qualifications.
A. The director of public works shall have, at a minimum, a Bachelor of Science degree in civil
engineering.
B. The qualifications of the other members of the department of public works will be recommended by
the director of public works, with the approval of the hoard of selectmen.
(Min. of 4-7-14; Prior code § 2-108)
2.20,040 - Organization.
The department of public works shall consist of:
A. Acdirector of public works;
B. Anassistant director of public works;
C. A municipal facilities manager
D. The following divisions:
4. Sanitation and recycling.
2. Highways.
3. Mechanical Fleet and Light Equipment maintenance.
4. Facilily Management
(Amend, of 6-2-14(1))
Date: May 18, 2020
Chapter 2.20 - PUBLIC WORKS DEPARTMENTE)
Footnotes:
— (2}--
Editor's note— An amendment dated June 2, 2014, amended Ch. 2.20 in its entirely to read as herein
set out. Former Ch. 2.20, §§ 2.20.010—2.20.040, pertained lo similar subject matter and derived from.
Poor coda §§ 2-106—2-109; and R.T.M. 10-1-04 (par).
2,20.010 - Created—Dutles.
There (sa department of public works which, under the supervision of the first selectman,
shall have supervision and control of the planning, surveying, constructing and reconstructiag,
altering, paving, tepairing, maiataiaing, cleaning, lighting and Inspecting of highways, sidewalks
and curbs, public drains, and other public Infrastructure improvements; and the preservation,
cate and removal of trees Withla highways ar public places and related engineering work of the
town; and the collection and disposal of garbage, rubbish, ashes, recycing and operations of
transfer station. Fucther, the department may install and/or supervise the installailon of water
and sewer lines, but only if and to the extent requested by the utllily commission, and as
approved by the first selectman; provided the costs are charged against the appropriations of
tha requesting commission.
air of all town oe: I EI water and sewer
Inaddition, th si esponsible for the maintenance, alteration, renovation 1
{naddition, osdenarten hall,be responsible for the maintenance, alteration, senoval AH” Costeteds.
{Cetetes: ‘
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infraslecluras such as pumping stations and utility commission buildings, and facilites under, _
Ihe management of the recreation and parks commission, to Include, but not limited to, tovm
fice,
Ut, i emeraency operations center, community center, youth and family services,
at ouss, and nevins collage. Facilities shall include alt parkin
Et and pedastian ways used to access buildings. == Le
2.20.020 + Director—Appointment, removat, powers and duties.
The board of selectmen shall appoint and may remove a director of public works who shalt be
sesponsibie for the officlency, discipline and good conduct of the department, and who shail appoint and
may remove such deputies, assistants and employees as the director may deem necassary, and shall
prescribe thelr duties. Tha director shall be responsible for the preparation of he departmental budget,
which shall be submitted to the board of selectmen for review and presentation fo the board of finance.
The diractor shall exercise his powers and discharge his dutles under the superision of the first
seleclman. The ditector shall organize the work of the department in such a manner as ihe director shall
deem most economical and efficient. The director shail be the tree warden and shail have all the powers
and duties thereof as provided in C.G.S.A. Ch. 451, as amended, 0
(Amend, of 6-2-14(1))
7 } (Deleted: and wtity commission tailings.
Deleted: (4). If this Is not referenced In the first
paragraph, | don't see the need here.f}
{2}. Need fo define faciliiss (such as does this inchide
grounds and parking lols around these Swidings,
Recreation and Parks maintenance faciales)q]
{3}. [know this |s the old language, but private drains?
Thave no ght to enter onto private property. Also, is
this in confit with 13,16, f60 Watercourse prelection?y]
{4). [believe this doesn't confiicl wih Chepter 2.98 as it
pértains to the word alteratons.]
{7}. Gorament on the [asl part, fs the Intent lo just list
the structures (lown hail, library ete) that will be the
responsibilty of Public Works lo maintain o is Rta fist
the Depariments/Divisions that this will pertaln (0.
S {There are no Parks Butdngs sted). 7
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220,030 - Personnel Qualifications,
A The director of public works shall have, at a minimum, a Bachelor of Sclence degrea in clvil
engineering.
B. The qualifications of the other members of the department of public works will be recommended by
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(Min, of 4-7-14; Prior code § 2-108)
220.040 - Organization,
The department of public works shall consist of:
A. Adiractor of public works;
B. An aselstant director of public warks;
G._Aquwnidpal facilities manager _-_-- ---- =~ ------------- ogre (Deleted:
D, _ The folowing divisions: ee ee == ---- se, (Belated:
Nat Formatted: Font color Red
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(Amend. of 6-2-14(1)) my (deteted:
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| Mechanical equipment]
‘ {6) Need to add the new division of public works.
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2.56,050 - Compensation.
The members of the economic development commission shall receive no compensation for their
services as such, but shell be reimbursed for thelr necessary expenses Incurred In the performance of
thelr duties,
(R.T.M, 8-2-99 (part); prior code 2-124).
Chapter 2.58 - PLANNING ANO DEVELOPMENT DEPARTMENT
2,58.040 - Created.
{n accordance with Section 1.2 of the Town Charter, and C.G.SA. § 7-148, there shail be a
department of planning and development which shalt be managed by a director of planning appointed by
the board of selecimen as recommended by the first seleciman,
(Amend. of 6-2-14(2))
2,58,020 - Duties.
The department shalt manage the centralized planning, building and develcpmenl functions of the
town, which shall (nclude assisting the planning and zoning commission, zoning board of appeals,
conservation commission and all other such boards and commissions within the town Additional duties____
shall include issuance of all building/zoning applications, building permits, zoning and wellands permits,
and enviconmental raview of all building codes, zoning and walland regulatiaas within the fown, as
determined by the town regulatory authorities,
(Amend. of 6-2-14(2))
2.58.030 - Director—Apgoaintment, removal, powers and dutles.
The board of salecimen shall appoint and may remove a director of planning who shall be
taspansible for the effictency, discipline and good conduct of the planning and development department,
and who shall appoint and may remove such deputies, assistants and employees as the director may
deem necassary, and shall prescribe their duties. The director shall be responsible for the preparation of
the departmental budget, which shall be submitted to the board of seleclmen for review and presentation
to the board of finance. The director shall exercise such powers and discharge such duties under the
suparvision of the first selectnan. The director shell organize the work of the department la such a
manner as he shall deem most economical and efficient
(Amend, of 6-2-14(2))
2.858.040 - Organization.
The department will primarily consist of:
A. Adiractor of planning:
B. A building official;
c. Aplanner;
_~f Deleted: . In addition, tha department shall, under the
supervision of the first seleciman, be responsibie for
the maintenance, cepa¥ of buildings end building
projects, for all tovm owned butdings and fackiles,
other then schools, pumping stations, waler and sewer
falrastructures and toads, to Include, but not limited to,
toven hall, Hbrary, emergency operations center,
comaunity canter, youth services, palke and pubile
works and uly conmmission buidings.
" D. Awetlands officer/environmentat planner,
" &. A zoning officer;
+
Ree eee ee nee eee eee le od | Deleted: A municipal facilities mantenance
(Amend, of 6-2-14(2) x, [eoordinator.
fee OO) [Frormatted: No bullets of numbering
Proposed Language (May 18, 2020)
Chapter 2.58 - PLANNING AND DEVELOPMENT DEPARTMENT
2.58.010 - Created.
in accordance with Section 4.2 of the Town Charter, and C.G.S.A. § 7-148, there shall be a -
department of planning and development which shail be managéd by a director of planning appointed by
the board of selectmen as recommended by the first selectman.
(Amend, of 6-2-14(2))
2.58.020 - Duties.
The department shall manage the centralized planning, building and development functions of the
town, which shall include assisting the planning and zoning commission, zoning board of appeals,
conservation commission and all other such boards and commissions within the town Additional duties
shall include issuance of all building/zoning applications, building permits, zoning and wetlands permits,
and environmental review of all building codes, zoning and wetland regulations within the town, as
determined by the town regulatory authorities.
(Amend. of 6-2-14(2))
258.030 - Director—Appointment, removal, powers and duties.
The board of selectmen shall appoint and may remove a director of planning who shail be
responsible for the efficiency, discipline and good conduct of the planning and development department,
and who shall appoint and may ramove such deputies, assistants and employees as the director may
deem necessary, and shail prescribe their duties. The director shall be responsible for the preparation of
the departmental budget, which shall be submitted to the board of selectmen for review and presentation
to the board of finance. The director shall exercise such powers and discharge such duties under the
supervision of the first selectman. The director shail organize the work of the department in such a
manner as he shail deem most economical and efficient.
(Amend. of 6-2-14(2))
2.58.040 - Organization.
The department will primarily consist of:
A director of planning;
A building official,
A planner;
Awetlands officer/environmental planner,
moo 8 >
Azoning officer;
(Amend. of 6-2-14(2))
FIFTEEN ROPE FERRY ROAD WATERFORD, CT 06385-2!
DEPARTMENT OF PLANNING AND DEVELOPMENT
MEMORANDUM
TO: Thomas Dembek, Moderator, Waterford Representative Town Meeting
FROM: Abby Y. Piersall, AICP, Director of Planning and Development
DATE: July 21, 2020
‘TITLE: Proposed Changes to the Waterford Code of Ordinances Chapter 15.6, Blighted Premises.
This request is to ask the Waterford Representative Town Meeting to consider the potential modifications
to the existing Blight Ordinance. The current Ordinance became effective in April of 2017. Since that
time, three individuals have held the position of Blight Enforcement Officer, and all have noted similar
concerns about certain elements of the Ordinance,
The intent of the Blight Ordinance was to provide the Town with a straightforward administrative tool to
address properties in poor condition. After working with the current Ordinance, several issues have atisen
that should be addressed. These include:
1, The structure and presentation of definitions and characterization of blight.
The Ordinance currently combines descriptions of blight with general definitions. These
- sections should be clearly separated to eliminate confusion about what constitutes blight.
2. The process limits the ability of the Blight Enforcement Officer to effectively work with residents
who will voluntacily comply, and can unintentionally lead to very high fines.
Under the existing ordinance, fines begin to accrue from the date the Officer sends a
Notice of Blight Violation. Proceduraily, the Town receives a complaint and after an
inspection to verify the blighted condition of property, sends a violation notice in
accordance with the Ordinance. Many property owners will receive the notice and call the
Officer to create a blight abatement plan. If the owners fail to fully complete the plan in
the time specified, fines are calculated from the date of the original notice.
3, The property owner being cited for blight may appeal a decision of the Blight
Enforcement Officer, but there is no mechanism in the Ordinance for the person making
the comp