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CODIFICATION OF ORDINANCE

Table of Contents

A. General (page 1)     A. General (page 2)     B. General Elections Board and Commissions     C. Town Meeting Election Board and Commissions
D. Appointive Boards and Commissions     E. Public Officials     F. Public Roads     G. Operation of Town Sanitary Transfer Station
H. Public Safety     I. Disposal of Town Property     J. Flood Plan Management Ordinance     K. Sanitary Code     L. General Repealer 

 

Sec.1. GENERAL CONDITIONS

1.01 This ordinance shall be known, and may be cited as, the “Sanitary Code of Marlborough”.

1.02 The purpose of this code is to safeguard the public health of the Town of Marlborough, through reasonable requirements as may be necessary to insure the proper construction of water supply and sewage disposal facilities.

1.03 The latest revision of the “Public Health Code of the State of Connecticut”, in its entirety, is hereby made a part of the Sanitary Code of the Town of Marlborough and shall apply and govern in all cases except where such provisions of the Sanitary Code of the Town of Marlborough shall prescribe more stringent requirements.

1.04 No dwelling, apartment, boarding house, hotel, commercial or industrial building, hospital or other structure or improvement shall be constructed or approved for occupancy in the Town of Marlborough, unless the sanitation facilities are approved by the Marlborough Director of Health or his authorized representative and are in accord with the provision of this code. 1.05 Herein stated, the Department of Health shall mean the Marlborough Department of Health.

Sec.2 SPECIAL REGULATIONS

2.01 The following special regulations shall govern the construction, repair and abandonment of water wells, and the installation and repair of pumps and pumping equipment in the Town of Marlborough:

2.01.01 Herein stated, storage depth shall pertain to drilled wells only, and will be defined as that quantity of water, measured in feet of well, taken from the static water level down to the level of the pump.  Should the pump not be the submersible type the storage depth will be taken from the static water level down to the pump’s point of suction intake.

2.01.02 A drilled well shall have a storage depth of no less than 100 feet, or a yield, as determined from a four (4) hour yield test, of no less than one and one-half (1-1/2) gallons per minute (gpm)

2.01.03 For a drilled well at a single family dwelling, the following minimum storage depths, as defined in Section 2.01.01, must be met for the yields indicated below:

YIELD(gpm)     STORAGE DEPTH (feet)

1-1/2              180

2                    160

2-1/2              140

3                    120

3-1/2              100 minimum

The diameter of a drilled well shall be six (6) inches

2.01.04 For individual wells at multifamily dwellings, the storage and yield must be approved by the Director of Health.

2.01.05 No pump shall be set within ten (10) feet of the bottom of the well.

2.01.06 Pressure tanks for individual home installations shall have a minimum capacity of forty-two (42) gallons, though a greater capacity is desirable.

2.01.07 Any owner or lessee of land upon which there is located on abandoned dug well, must fill the same with suitable fill as required by the Director of Health or his authorized representative.  Abandoned wells may not be used for the disposal of sewage or wastes.

2.01.08 No water well of any type located within the area bordered easterly by Quinn Road, northwesterly by Cattle Lot Brook, westerly by the Marlborough-East Hampton town line and southerly by property owned by the Town of Marlborough, shall be used for human consumption without first obtaining a Well Use Permit from the Department of Health.

Said Well Use permit shall be signed by the Town Sanitarian or Director of Health, which permit shall only be issued after certification  by the State of Connecticut or other authority acceptable to the Department of Health, that the raw water quality from said well conforms to the standards of the State of Connecticut, Department of Health Services, as set forth in the Regulations of Connecticut State Agencies, Section19-23 -B 102, as amended.

Any person violating this ordinance shall be subject to the fines and other administrative requirements of  this Section K, Sanitary Code of the Marlborough Codification of Ordinances as well as civil injunctive relief to abate the violation.

This ordinance shall apply to all wells located or first used after the effective date of this ordinance,  December 7, 1983.

Sec.3. ADMINISTRATION

3.01 The Department of Health shall adopt, and from time to time amend, rules and regulations governing the location, construction, repair and abandonment of water supply and sewage disposal facilities, and the installation and repair of pumps and pumping equipment, shall be responsible for the administration of this ordinance

3.02 The responsibility for comply with these rules and regulations as herein stated shall rest with the owner or lessee of land involved. 3.03 The Department of Health shall enforce the provisions of this ordinance, and any rules and regulations adopted pursuant thereto.

3.04 Any person constructing a well, or construction or repairing a subsurface sewage disposal system, shall be licensed as required by the State of Connecticut, and shall obtain a written permit to do such work from the Department of Health.

3.05 The Department of Health is authorized to inspect any water supply and sewage disposal facility, abandoned well or pump installation for any wells.  Duly authorized representatives of the Department of Health may at reasonable times, enter upon and shall be given access to, any premises for the purposes of such inspection. Upon the basis of such inspections, if the Department of Health finds applicable laws, rules or regulations have not been complied with, or that a health hazard exists, it shall disapprove the well, sewage disposal facility, and/or pump installation with denial or suspension of applicable permits, or pump installation with denial or suspension of applicable permits, or with an order to correct the violation within a reasonable period of time.  If disapproved, no well sewage disposal facility, or pump shall thereafter be used until brought into compliance and any health hazard is eliminated.

3.06 Where the Department of health finds that compliance with all requirements of this ordinance would result in undue hardship, an exemption from any one or more such requirements may be granted by the Department of Health to the extent such exemption can be granted without impairing the intent and purpose of this ordinance.

3.07 Any person aggrieved by denial of a permit, or by suspension of of a permit, may appeal the decision of the Director of Health to a Court of competent jurisdiction.

3.08 The Department of Health shall collect a fee for permits issued, in the amounts set by the Board of Selectmen.

3.09 Any person who violates any provision of this ordinance, regulations issued hereunder, or order pursuant hereto, shall be subject to a penalty of twenty-five ($25) dollars every day or any part thereof, in which such violation occurs. 3.10 Separability.  It is hereby declared to be the legislative intent that:

3.10.01 If a court of competent jurisdiction finds any provisions of this ordinance to be invalid or ineffective in whole or part, the effect of such decision shall be limited to those provisions which are expressly stated in the decision to be invalid or ineffective, and all other provisions of this ordinance shall continue to be separately and fully effective.

3.10.02 Effect  on other requirements.  It is not intended that the requirements of any other law or ordinance, except where stated herein be repealed or otherwise made ineffective, by this ordinance, and, in case of conflict, the strictest of the relevant provisions of  this and other laws and ordinances shall apply.

 

UNDERGROUND FUEL STORAGE TANKS

K.2   The Installation of Underground Fuel Storage Tanks in New Buildings and the Repair, Alteration or Replacement of Existing Tanks.

Sec. 1:  Statement of Purpose

The Town of Marlborough relies entirely on groundwater for its drinking water supplies.  To ensure a clean, dependable water supply for the present and future residents of the community, it is the purpose of this ordinance to protect its groundwater resources, through reasonable requirements as may be necessary to insure the proper installation of fuel storage tanks.

Sec. 2:  Special Regulations

2.01: The building Official and/or Fire Marshal shall require that fuel storage tanks and components are located above ground in a basement or a protective structure unless safety, health or site specific conditions necessitate the use of an underground fuel storage system.

2.02:  The latest revision of the Building Official’s Code (BOCA) Flammable and Combustible Liquids is hereby make a part  of this ordinance.

2.03: Underground fuel storage systems of all sizes for new facilities including new residential buildings as well as the repair, alteration or replacement of underground fuel storage systems of all sizes at existing facilities including residential buildings shall be in accordance with the corrosion protection, testing and monitoring provisions of the National Fire Protection Association (NFPA) publication number 30 entitled, “Flammable and Combustible Liquids Code” (Section 2-3); NFPA 31,  “ Standards for the Installation of Oil Burning Equipment”, and the Regulations of Connecticut State Agencies, Section 22a-449(d)-1 “Control of the Non-residential Underground Storage and Handling of Oil and Petroleum Liquids” as all of the foregoing may be amended from time to time.

2.04: Commercial and industrial underground storage tanks and their components must be inspected and approved in writing by the Fire Marshal prior to being covered.

2.05: Non-commercial underground storage tanks and  their components must be inspected and approved in writing by the building inspector prior to be covered.

2.06: The Marlborough Department of Health shall be required to approve in writing the location of underground storage systems to insure that the provisions of the Public Health Code of the State of Connecticut are satisfied with specific regards to the drinking water supplies.


 

CODIFICATION OF ORDINANCE

Table of Contents

A. General (page 1)     A. General (page 2)     B. General Elections Board and Commissions     C. Town Meeting Election Board and Commissions
D. Appointive Boards and Commissions     E. Public Officials     F. Public Roads     G. Operation of Town Sanitary Transfer Station
H. Public Safety     I. Disposal of Town Property     J. Flood Plan Management Ordinance     K. Sanitary Code     L. General Repealer 

 

J. FLOOD PLAIN ORDINANCE

Sec. 1 STATEMENT OF PURPOSE

It is the purpose of this ordinance to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed:

A. To protect human life and health;

B. To minimize expenditure of public money for costly flood control projects;

C. To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

D. To minimize prolonged business interruptions;

E. To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard;

F. To help maintain a stable tax base by providing for the second use and development of areas of special flood hazard so as to minimize future flood blight areas;

G. To insure that potential buyers are notified that property is in an area of special flood hazard; and  H. To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.

Sec. 2 DEFINITIONS

Unless specifically defined below, words or phases used in this ordinance shall be interpreted so as to give them the meaning they have in common usage and to  give this ordinance its most reasonable application.

“Area of special flood hazard” is the area within the community subject to one percent or greater chance of flooding in any given year. 

• “Base flood” means the flood having a one percent chance of being equaled or exceeded in any given year.
“Base Flood Elevation (BFE)” is the water surface elevation of the base flood in relation to a standard set of geographic data in Special Flood Hazard Areas. 

• “Basement” means that portion of a building having its floor sub grade (below ground level) on all sides.

• Building – see definition for “Structure”

• Cost – As related 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, components, structural components, 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. 

• “Development” means any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavating, drilling operations, or permanent storage of materials or equipment.
Federal Emergency Management Agency (FEMA) – the federal agency that administers the National Flood Insurance Program (NFIP).

Finished Living Space – Finished living space can include, but not limited to, a space that is heated and/or cooled, contains finished floors (tile, linoleum, hardwood, etc.) has sheetrock walls that may or may not be painted or wallpapered and other amenities such as furniture, appliances, bathrooms, fireplace and other items that are easily damaged by floodwaters and expensive to clean, repair or replace.  A fully enclosed area below the base flood elevation (BFE) cannot have finished living space and needs to be designed for exposure to flood forces.  These spaces can only be used parking, building access or limited storage. 

• “Flood” of “flooding” means a general and temporary condition of partial or complete inundation or normally dry land areas from:

1. the overflow of inland or tidal water;

2. the unusual and rapid accumulation of runoff of surface waters from any source.
“Flood Boundary and Floodway Map (FBFM)” is the official map on which the Federal Emergency Management Agency has delineated the floodway, 100-year floodplain and 500-year floodplain.

• “Flood Insurance Rate Map (FIRM)” means an official map of a community on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the applicable risk premium zones.

• “Flood Insurance Study” is the official report by the Federal Emergency Management Agency.  The report contains flood profiles as well as the Flood Boundary Floodway Map and the water surface elevation of the base flood.

• “Floodway” means 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.

• “Floor” means the top surface of an enclosed area in a building (including basement) i.e., top of slab in concrete slab construction or top of wood flooring in wood frame construction.  The term does not include the floor of a garage used solely for parking of vehicles.

• “Functionally Dependent Facility” means a facility which cannot be used for its intended purpose unless it is located in close proximity to water, such as docking or port facility necessary for the loading or unloading of cargo or passengers, shipbuilding, ship repair, or seafood processing facilities .  The term does not include long-term storage, manufacture, sales or service facilities.

• Highest Adjacent Grade (HAG) – The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

• “Lowest Floor” means the lowest floor of the lowest enclosed area (including basement).

• Market Value – Market value of the structure shall be determined by (an independent appraisal by a professional appraiser; the property tax assessment, minus land value, the replacement cost minus depreciation of the structure; the structure’s Actual Cash Value)  Town can pick the method it likes from above list.

• “Manufactured Home” means 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.  The term also includes recreational vehicles, park trailers, travel trailers, and similar transportable structures placed on a site for 180 consecutive days or longer and intended to be improved property.

• “Manufactured Home Park or Subdivision” means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

• Mean Sea Level (MSL) – The North American Vertical Datum (NVVD) of 1988 or other datum, to which base flood elevations shown on a community’s Flood Insurance  Rate Map (FIRM) are referenced.

• “National Geodetic Vertical Datum (NGVD)” as corrected in 1929 is a vertical control used as a reference for established within the floodplain.

• “New Construction” means structures for which the “start of construction” commenced on or after the effective date of this ordinance, May 23, 1982 (not the revision date). 

• “Recreational Vehicle” means a vehicle which is:

a.  Built on a single chassis;

b.  Measures 400 square feet or less at the largest horizontal projections;

c.  Designed to be self-propelled or permanently towable; and

d.  Designed primarily not for use as a permanent dwelling, but as temporary living quarters for recreational, camping travel or seasonal use.

• “Start of Construction”  (for other than new construction or substantial improvements under the Coastal Barriers Resources Act (P.L. 97-348), includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, or improvement was within 180 days 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 stage 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, footings 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 a 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 affects the external dimensions of the building.

• Special Flood Hazard Area (SFHA) – The land in the floodplain within a community subject to a one (1) percent or greater chance of flooding in any given year.  SFHAs are determined utilizing the base flood  elevation (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. The SFHA is also called the Area of Special Flood Hazard.

• “Substantial Damage” means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damage condition would equal or exceed 50 percent of the market value of the structure before damage occurred.

• “Substantial Improvement” means any combination of repairs, reconstruction, alteration, or improvements to a structure taking place over a ten year period, in which the cumulative cost equals or exceeds fifty percent of the market value of the structure.  The market value of the structure should be (1) the appraised value of the structure (using the cost approach to value) prior to the start of the initial repair or improvement, or (2) in the case of damage, the value of the structure prior to the damage occurring.  For the 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 the alteration affects the external dimensions of the structure.  The term does not, however, include any improvements project required to comply with existing health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions.

• “Structure” means a walled and roofed building that is principally above ground, a manufactured home, a gas or liquid storage tank, or other man-made facilities or infrastructures.

• Variance – A grant of relief by a community from the terms of the floodplain management ordinance that allows construction in a manner otherwise prohibited and where specific enforcement would result in unnecessary hardship.

• Violation – Failure of a structure or other development to be fully compliant with the community’s floodplain management regulations. A structure or other development without the required permits, lowest floor elevation documentation flood-proofing certificates or required floodway encroachment calculations is resumed to be violation until such time as that documentation is provided.

• “Water Surface Elevation” means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929, (or other datum, where specified) of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.

Sec. 3 FLOOD PLAIN DISTRICT

The Flood Plain District includes all special flood hazard areas designated as Zone A, A1-30 on the Town of Marlborough Flood Insurance Rate Maps (FIRM), on file with the Town Clerk.   These Maps, as well as the accompanying Town of Marlborough Flood Insurance Study dated September 26, 2008 and any subsequent revisions thereto, are adopted by reference and declared to be a part of this regulation. Since mapping is legally adopted by reference into this Ordinance it must take precedence when more restrictive until such time as a map amendment is obtained.

Sec. 4   GENERAL STANDARDS:

Within Zone A, A1-30, the following standards must be met prior to issuing  permits for any proposed construction/development.

A. 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.

B. Construction Materials and Methods:  a) All new construction and substantial improvements shall be constructed with materials resistant to flood damage. b.) All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.
For New Construction and Substantial Improvements – Require that fully enclosed areas below the lowest floor that are usable solely for the parking of vehicles, building access or limited storage in an area other that a basement, and which are subject to flooding, shall be designed to automatically equalize hydrostatic flood forces on the exterior walls by allowing for the entry and exit of flood waters.  Designs meeting this requirement must either be certified by a registered professional engineer or architect, or meet or exceed the following criteria: 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 shall be provided.  The bottom of all openings shall be no higher than one foot above grade.

C. Utilities:

1.) Electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

2.) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the systems.

3.) New and replacement sanitary sewerage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters.

4.) On-site waste water disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding.

D. Compensatory Storage – The water holding capacity of the flood plain, except those areas that 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 of flood water at each elevation, up to and including the 100- year flood elevation, which would be displaced by the proposed project.  Such compensatory volume shall have an unrestricted hydraulic connection to the same waterway or water body.  Compensatory storage can be provided off-site if approved by the municipality. 

E. Equal Conveyance – Within the floodplain, except those areas which are tidally influenced, as designed on the Flood Insurance Rate Map (FIRM) for the community, encroachments resulting from filling, new construction, or substantial improvements involving and increase in footprint of the structure, are prohibited unless the applicant provides 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 (0.0 feet) increase in flood levels (base flood elevation).  Work within the floodplain and land adjacent to the floodplain, including work to provide compensatory flood storage shall not be constructed in such a way so as to cause and increase in flood stage or flood velocity. 

F. Aboveground Oil Tanks – Above-ground storage tanks (oil, propane, etc.)which are located outside or inside of the structures must be either elevated above the base flood elevation (BFE) on a concrete pad, or securely anchored with tie-down straps to prevent floatation 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 flood water.

G. Portion of Structure in Flood Zone – If any portion of a structure lies within the Special Flood Hazard Area (SFHA), the entire 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 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.

H. 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 the 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 flood zone will require the entire structure to meet the standards of the more restrictive zone.)

I. No Structures Entirely or Partially Over Water – New Construction, substantial improvements and repair to structures that have sustained substantial damage cannot be constructed or located entirely or partially over water.

Sec.5 DEVELOPMENT REGULATIONS:

In all areas of flood hazard Al-30, AE, AH where base flood elevation data has been provided the following regulations shall apply:

(A) Residential Construction:  New construction and substantial improvement of any residential structures shall have the lowest floor, including basement elevated to or above the base flood elevation.

(B) Non residential Construction:  New construction and substantial improvement of non residential structures shall be constructed in accordance with Sec. 5 (A) above, or together with attendant utility and sanitary facilities shall:

1. Be flood proofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water;

2. Have structural components capable of resisting hydrostatic and   hydrodynamic loads and effect of buoyancy.
A registered professional engineer or architect shall review and/or develop structural design specifications and plans for construction, and shall certify that the design and methods of construction are in accordance with acceptable standards of practice for meeting the provisions of this subsection.  Such certification shall be provided to the Town Engineer as set forth in Section 6.

(C) New structures within the floodway are prohibited.

(D) Within the floodway, designated on the Flood Boundary and Floodway Map, all encroachments, including fill, new construction, substantial improvements to existing structures, and other development are prohibited unless certification by a registered professional engineer is provided by the applicant demonstrating that such encroachment shall not result in any (0.00) increase in flood levels during the occurrence of the 100-year flood.  In A zones where base flood elevations have been determined, but before a floodway is designated, no new construction, substantial improvement, or other development (including fill) shall be permitted which will increase base flood elevations more than one (1) foot at any point along the watercourse when all anticipated development is considered cumulatively with the proposed development.  Should data be requested and/or provided, the Town shall adopt a regulatory floodway based on the principle that the floodway must be able to convey the waters of the base flood without increasing the water surface elevation more than one (1) foot at any point along the watercourse.

(E) Manufactured homes shall not be placed in the Flood Plain District.

(F) All recreational vehicles to be place on a site within an Area of Special Flood Hazard must either: (i) be on a site fewer that 180 consecutive days, (ii) be fully licensed and ready for highway use, (iii) meet elevation and anchoring requirements for Residential Construction described in Section 5 (A).  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 devises, and has no permanently attached additions.

Sec. 6. ADMINISTRATION:

ESTABLISHMENT OF DEVELOPMENT PERMIT:

A. A development permit shall be obtained from the Town Engineer before construction or development begins within Zone A, A1-30.

B. The Town Engineer shall review permits to assure sites are reasonably free from flooding and require that all other Local, State, and Federal permits are obtained.

C. Alteration of Watercourse:  Prior to any initiation of such alteration the Town shall:

1.) Notify adjacent communities and the Department of Environmental Protection Water Resources Unit prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency;

2.) Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished.

D. Within Zone A, the applicant shall provide to the Town Engineer any base flood elevation and floodway data available from a federal, state, or other source, including data developed pursuant to Section 7 (D) of the ordinance.  The Town Engineer shall review such data and may reasonably use it as criteria for requiring that new construction, substantial improvements, or other development in Zone A meet the standards of Section 4 and 5.

E. Information to be supplied by the applicant, obtained by the Town Engineer and maintained by the Building Official:

1.) Verify and record the actual elevation (in relation to mean sea level) to which any flood proofing is effective; and

2.) Obtain and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new and substantially improved structures:

3. Maintain the flood proofing certifications required in Section 5.B.

4. The Building Official shall maintain for public inspection, all records pertaining to the provisions of this ordinance.

Sec. 7   SUBDIVISION STANDARDS FOR THE FLOOD PLAIN DISTRICT

All subdivision proposals and other proposed new development shall be reviewed to determine whether such proposals will be reasonably safe from flooding.  If any part of a subdivision proposal or other development is located within the Flood Plain District established under the Regulations, the Town Engineer and the Planning Commission shall review it.

A. The proposal is designed to be consistent with the need to minimize flood damage; and

B. all public utilities and facilities, such as sewer, gas, electrical, and water systems shall be located and constructed to minimize or eliminate flood damage; and

C. adequate drainage systems shall be provided to reduce exposure to flood hazards; and

D. base flood elevation (the level of the 100-year flood) and floodway data shall be provided for that portion within the Flood Plain District.

E. Land located within the floodway shall not be subdivided for building lot purposes unless sufficient land area is available outside the floodway area, as part of the lot, for the structure and subsurface disposal system.

Sec. 8   APPEALS & VARIANCES

The Building Appeals Board shall hear and decide appeals relating to the enforcement and administration of this ordinance and requests for variances from the requirements of this ordinance.

A. A variance shall not be issued within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result.

B. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

C. Variances shall only be issued upon:

1.) a showing of good and sufficient cause;

2.) a determination that failure to grant the variance would result in exceptional hardship to the applicant; and

3.) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.

D. If a variance is granted, the Building Appeals Board shall notify the applicant in writing over their signature that:  the issuance of such variance to construct a structure below the base flood elevation will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage, and such construction below the base flood level increases risks to life and property.

E. The Building Appeals Board will maintain a record of all variance actions, including justification for their issuance and report such variances issued in the Annual Report submitted to the Federal Emergency Management Agency.

Section 9  Severability

If any section, provision, or portion of this Ordinance is adjudged unconstitutional or invalid by a court for any reason whatsoever, the remainder of the Ordinance shall not be affected, which shall remain in full force and effect; and to this end the provisions of this Ordinance are hereby declared to be severable.

Section 10 Abrogation and Greater Restrictions

This Ordinance is not intended to repeal abrogate, or impair any existing law, regulations, ordinances, easements, covenants, or deed restrictions.  However, where this ordinance and another conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

Section 11 Warning and Disclaimer of Liability

The degree of flood protection required by the ordinance is considered the minimum reasonable for regulatory purpose and is based on scientific and engineering consideration.  Larger floods can and will occur on rare occasions.  Flood heights may be increased by man-made or natural causes. This Ordinance does not imply that land outside the special flood hazard areas or uses permitted within such areas will be free from flooding or flood damages.  This Ordinance shall not create liability on the part of the Town of Marlborough or any officer or employee thereof for any flood damages that result for reliance on this ordinance or any administrative decision lawfully made there under.

Section 12 Penalties

In accordance with CGS 7-148(b)(1) and person(s), or party found to be in violation of this ordinance will be subject to a $250.00 a day fine for each day such violation continues, as well as, being responsible for all Town legal fees and cost that are a result of court action.

This ordinance shall take effect (30) days following publication in accordance with Sect 7-157 of the Connecticut General Statutes.

Dated at Marlborough, Connecticut this 27th day of August, 2008.

 

CODIFICATION OF ORDINANCE

Table of Contents

A. General (page 1)     A. General (page 2)     B. General Elections Board and Commissions     C. Town Meeting Election Board and Commissions
D. Appointive Boards and Commissions     E. Public Officials     F. Public Roads     G. Operation of Town Sanitary Transfer Station
H. Public Safety     I. Disposal of Town Property     J. Flood Plan Management Ordinance     K. Sanitary Code     L. General Repealer 

 

I. Disposal of Town Property

The Board of Selectmen shall be authorized, without further municipal approval, to dispose of any obsolete, damaged or unused items of property of the town, except land, buildings or water rights, provided that the item of property has, in the opinion of the Board of Selectmen a value of less that $10,000.  at the time of disposition.  Disposition shall include applying any item of property, regardless of value, as a trade-in on the purchase price of a budgeted expenditure of a like or improved item.  Items disposed of under this ordinance are exempt from mandatory bidding procedures, however the Selectmen are hereby authorized to use such bid procedures as they deem appropriate when in the Board’s opinion such procedures would best serve the interests of the Town.

CODIFICATION OF ORDINANCE

Table of Contents

A. General (page 1)     A. General (page 2)     B. General Elections Board and Commissions     C. Town Meeting Election Board and Commissions
D. Appointive Boards and Commissions     E. Public Officials     F. Public Roads     G. Operation of Town Sanitary Transfer Station
H. Public Safety     I. Disposal of Town Property     J. Flood Plan Management Ordinance     K. Sanitary Code     L. General Repealer 


H. 1.   PUBLIC SAFETY

Sec.  1.  It shall become unlawful for any person, firm or corporation to leave of permit to remain outside of any dwelling, building or other structure, or within any unoccupied or abandoned building dwelling or other structure under his control, in a place accessible to children, any abandoned, unattended or discarded ice box, refrigerator or other container which has an airtight door or lid, snap lock or other locking device which may not be released form the inside without first removing said door or lid, snap lock or other locking device from said icebox, refrigerator or container.

Sec. 2    Any person, firm or corporation violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be subject to a fine in an amount not exceeding fifty ($50) dollars or be imprisoned in the Hartford County Jail for a period not exceeding 30 days or be both so fined and imprisoned.  Each day such violation is committed or permitted punishable as such hereunder.

Sec. 3    If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid, or unconstitutional, by any Court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not effect the validity of the remaining  portion hereof.

 

H. 2.    PUBLIC SAFETY

No person shall operate any power boat or motorized vehicle having more than 3.3 brake horsepower on Lake Terramuggus.  Any person violating this ordinance shall be subject to a fine of fifty ($50) dollars for each violation.

 

H. 3.    CONTROL OF OPEN BURNING

No person shall ignite, cause to be ignited, permit to be ignited, or maintained any open fires except as permitted by regulations promulgated by the Connecticut State Department of Environmental Protection.  A permit must be secured from the local Burning Official.

H. 4.   VEHICLE ORDINANCE

Sec. 1.   No person shall operate any motorcycle, minibike, mo-ped snowmobile or other such motorized vehicle on Town property without first obtaining a permit for said use or operation from the First Selectman or the Resident State Trooper.

Sec. 2    Such permit shall be in writing, on a form prescribed by the First Selectman.  The permittee shall carry such permit on his person at all times while operating on Town property.

Sec. 3    Any person violating any of the provision of this ordinance shall be subject to a fine not less that two ($2) dollars nor more than twenty-five ($25) dollars for each offense and by impoundment of such unauthorized vehicle until the payment of the aforesaid fine together with an impoundment fee of five ($5) dollars has been made.

Sec. 4    If any such impounded vehicle is not redeemed within thirty (30) days as aforesaid, the Town reserves the right to sell such vehicle and apply proceeds to the fine, impoundment fee and costs of sale.

H. 5.   ACCESS FOR FIRE APPARATUS

Sec. 1   In order to ensure the reasonable safety of persons occupying or using any premises in the town of Marlborough, all premises which the Volunteer Fire Company may be called upon to protect in case of fire or other emergency, and which in the opinion of the Town Fire Marshal, after recommendation by the Fire Commission and/or Traffic Safety Commission, are not readily accessible from public roads, shall be provided with suitable fire lanes so that all buildings on the premises are accessible to fire apparatus.

Sec. 2   Fire lanes shall not be required for access to any one or two family residential structures used principally for agricultural purposes. Sec. 3   The designation and maintenance of fire lanes or other access provisions on private property shall be accomplished as specified by the Town Fire Marshal, after recommendation by the Fire commission and/or the Traffic Safety Commission, who may make reasonable requirements as to the establishment of fire lanes within the Town for the orderly access of fire and other emergency equipment on premises of new and existing buildings and facilities to ensure the reasonable safety of persons occupying or using said premises. Sec. 4.   Fire lanes may be required for all buildings any portion of which is setback more than 150 feet from a Town road, or exceed 30 feet in height and any portion of which is setback over 50 feet from a Town road.

Sec. 5.  Fire lanes may be the driving portions of the vehicle parking area and/or walkways and shall be at least 20 feet in width and extend to a point at least within 10 feet from a building.  Any dead-end fire lane more than 300 feet long shall be provided with a turn-around at the closed end at least 90 feet in diameter.

Sec. 6  Notice of the establishment of fire lanes in accordance with this ordinance, after recommendation by the Fire commission and/or the Traffic Safety Commission, shall be given by the Town Fire Marshal in writing to the property owner, First Selectman and Resident State Trooper for the Town of Marlborough.  Such fire lanes, as established by the Town Fire Marshal, shall be posted by the owner of the property involved with sixty (60) days of said notice and in accordance with the instructions of the Fire Marshal.

Sec. 7  Any property owner, who fails to comply with the requirements and instructions of the Fire Marshal as to fire lanes within the time allotted,   shall be fined one hundred ($100) dollars and shall suffer a penalty of  ten ($10) dollars for each day thereafter until compliance is made.

Sec. 8  No vehicle shall be parked or standing within an established fire lane.

Sec. 9    Whenever any vehicle is found parked or standing in an established fire lane, a Constable or State Trooper shall attach to such a vehicle a parking violation notice to the owner or operator thereof setting forth that such vehicle has been parked unlawfully, provided, however, that in an emergency, such unlawful parking constitutes a hazard or impedes the orderly access of emergency equipment, the Constable, State Trooper or the Chief Fire Officer in charge may have the vehicle towed to another portion of the lot or area which is not within a fire lane, all at the expense of the owner of said vehicle.

Sec. 10  In any prosecution or proceeding for unlawful parking in a fire lane, the registered owner of the vehicle so parked shall be presumed to be the operator thereof.

Sec. 11   The penalty for unlawful parking in a fire lane shall be a fine of  ten ($10)  dollars.

Sec. 12.  Each person who violates  Section 8 shall within five (5) days of the time  when such notice was attached to such vehicle, pay to the Town of Marlborough the penalty for and in full satisfaction of such violation.  The failure of such persons to make such payment within such time limit shall render such person subject to double the penalty provided by Section II.  Effective date:  January 7, 1984. 

H.6.  ALCOHOLIC LIQUOR IN PUBLIC AREAS

Sec. 1 Purpose:  Regulation of Consumption and Possession of Alcoholic Liquor within and upon Public Highways, Public Areas and Parking Areas.

Sec. 2 Definitions:  For purpose of this section:

(A) “Alcoholic Liquor” has the same meaning as set forth in Section 30-1 of the General Statutes.

(B) “Parked vehicle” has the same meaning as set forth in Section 14-1 of the General Statutes.

(C) “Open container” means any open bottle; any which was sealed by a liquor tax stamp, which seal has been broken, whether or not stopped; any can which is set up to dispense; or any glass, cup, jar, or other vessel.

(D) “Public highway” means a highway, road, street, avenue, boulevard or any other way within and under the control of the Town of Marlborough and open to public use, including the sidewalks of any such highway.

(E) “Public area” means any public or privately owned park, plaza, mall, arena, stadium or cemetery which is open to the public.

(F) “Parking area” means lots, areas or other accommodations for the parking of motor vehicles off the street or highway and open to public use with or without charge.

Sec. 3.   PROHIBITED ACTS
Except as permitted in Section (4) hereof, no person shall consume any alcoholic liquor, or possess any open container of alcoholic liquor upon or within the limits of any public highway, public area, or parking area within the Town of Marlborough.  For purposes of section, without limiting the generality of the foregoing, the consumption of alcoholic liquor or the possession of an open container of alcoholic liquor in parked vehicles within or upon parking area of a public highway or sidewalk is a violation hereof.

Sec. 4.  EXCEPTIONS;

(A) Consumption of alcoholic liquor or possession of an open container of alcoholic liquor is permitted during any function, festival, event or celebration conducted on or within a public highway, public area, or parking area pursuant to any law, statute, ordinance, resolution or permit authorizing the sale or consumption of liquor in or upon such public highway, public area or parking area.

(B) This ordinance shall not apply to any function specifically authorized by the Board of Selectmen or any authorized function occurring at Blish Memorial Park or other areas within the jurisdiction of the Park and Recreation Commission.

Sec. 5  PENALTY:

Any person violating the provision of this section shall be fined fifty ($50) dollars for each offense. Effective date:  February 23, 1984.

 

H.7   ADULT DAY CARE

1. It is hereby declared that Adult Day Care is a necessary alternative to institutional care, which affects the public health, safety and general welfare.

2. The town hereby adopts the Standard for Adult Day Care dated May,1979 prepared by the National Institute on Adult Day Care, a constituent unit of the National  Council on the Aging, which Standards are on file in the Town Hall and are incorporated herein by reference.

3. It shall be unlawful for any person to engage in, conduct or carry on or permit to be engaged in, conducted or carried on, in or upon any premises in the Town, the operation of Adult Day Care for two or more unrelated adults without first having obtained a permit from the Director of Health.

4. Every applicant for a permit to engage in, conduct or carry on Adult Day Care on premises in the town shall file an application with the Director of Health on a form promulgated by the Director of Health, and pay a filing fee of $100. payable to the Town of Marlborough.

5. The form of application shall require information from the applicant which will enable the Director of Health to ascertain whether the proposed Adult Day care operation is consistent with the Standards for Adult Day Care.

6. Permits granted under this ordinance are not transferable.

7. An Adult Day Care permit may be revoked or suspended after a public hearing before the Board of Selectmen where it appears that the permittee has violated the Standards for Adult Day Care.

8. The Director of Health, or his designee, before revoking or suspending any permit, shall give the permittee at least ten (10) days written notice of the violations and the opportunity for a public hearing before the Board of Selectmen at which time the permittee may present evidence bearing upon the question.  In such cases the violations charged by the Director of Health shall be specific and in writing.

9. Any person or entity engaging in, conducting or carrying on or permitting the engaging in conducting or carrying on the Adult Day Care as defined herein, in or upon any premises in the town without a permit, shall be subject to a fine of not more than $100  for each violation continues shall be considered a separate violation .

EFFECTIVE 12/30/90

 

H. 8 REDEMPTION FEE FOR IMPOUNDED CAT OR DOG

Any cat or dog captured or impounded under the provisions of sections 22-332d or 22-333 of the Connecticut General Statutes shall be redeemed by the owner or keeper thereof, or the agent of such owner or keeper, upon proper identification, and presentation to the Marlborough Animal Control Officer of a license, tag or other means of identification for such cat or of a license and tag for such dog, and upon the payment by such owner or keeper or his agent of (1) a redemption fee of fifteen dollars, and (2) the cost of advertising incurred under the provisions of sections 22-332 or 22-332d(a) of the Connecticut General Statutes.  When the owner or keeper of any such impounded cat or dog fails to redeem such cat or dog within twenty-four hours after receiving notification to do so, or where the owner was unknown, within twenty-four hours after notification was effected by means of publication in a newspaper, such owner or keeper shall pay, in addition to such redemption fee and the cost of advertising, the sum of fifteen dollars per day for the cost of detention and care of such impounded cat or dog. In addition, any owner or keeper of any such impounded cat or dog who fails to redeem such cat or dog within one hundred and twenty hours after receiving notification to do so shall have committed an infraction as set forth in sections 22-332d or 22-333.

*The owner or keeper of any dog shall be required to keep such dog on a leash or lead while within the confines of public streets, sidewalks, highways, and other public places and grounds within the Town of Marlborough.  No dogs are allowed in Town Parks and School grounds.

Dogs found roaming at large, in violation of the provisions of this ordinance, shall be subject to the provisions of Section 22-332 relating to impounding and disposition.  In addition, any owner or keeper who allows his or her dog to roam at large, in violation of this ordinance, shall forfeit and pay for the use of the Town of Marlborough, a charge of $25.00 to be recovered by an action on this ordinance brought in the name of the Treasurer of the Town. *

*This section shall take effect Sept. 2005.

 

H. 9 NATURE TRAILS ORDINANCE

No animals, except dogs as provided for in this Ordinance, shall be permitted in the Town Trail Area H.9  Town of Marlborough Nature Trails Ordinance

Sec. 1 - Definitions:

a. For the purposes of this Nature Trails Ordinance (the “Ordinance”), the definitions of  14-1 C.G.S. are incorporated by reference as if contained herein. In the event a definition contained within C.G.S. § 14-1 conflicts with any definition in this Ordinance, the definition contained in this Ordinance applies.

b. “Town” shall mean the Town of Marlborough.

c. “Trail” is any track, foot path, course, walk or path intended or maintained primarily for use by pedestrians within the Town.

d. “Town Trail Area” means the area of each trail and the adjacent buffer area of 5 feet or overlapping private property area on which the Town holds an easement.

e. ”Pedestrian” means a person going on foot or a person propelling or being propelled in a wheelchair.

f. “Person” means a natural person, corporation, company, association, partnership or firm.

g. “Non-motorized vehicle” means any vehicle propelled by human muscular power, including a bicycle, tricycle, wheelchair (including a low speed motorized or powered wheelchair), or cross country skis, in-line skates (roller blades), roller skates, or baby carriages/strollers for children.

h. “Snowmobile” means any self-propelled vehicle designed for travel on snow or ice.

i. “All-terrain vehicle” means a self-propelled vehicle designed to travel over unimproved terrain and which has been determined by the Commissioner of Motor Vehicles to be unsuitable for operation on the public highways.

 

Sec. 2 – Permitted Uses

a. Town Trail Areas are for use by pedestrians and non-motorized vehicles only.  The Town may limit the use of bicycles in posted Town Areas.

b. All Town Trail Areas shall be open from dawn to dusk unless the First Selectman or his designee has granted special permission to an individual or a group in writing to extend this time period.

c. Dogs must be leashed at all times while within the Town Trail Areas and owners must remove solid pet waste from Town Trail Areas.

d. Special Event Permits may be issued by the First Selectman of the Town of Marlborough.

 

Sec. 3 Prohibited Uses

a. The operation of a motor vehicle, motorcycle, other motorized vehicle is prohibited on any Town Trail Area, except official vehicles engaged in maintenance or emergency activities.

b. No person shall operate a snowmobile or all-terrain vehicle on or over any Town Trail Area without the written permission of the First Selectman of the Town of Marlborough.

c. No person shall park or store any motor vehicle or motorized vehicle, bicycle, trailer or personal property on any Town Trail Area, except in those areas set aside and designated as temporary parking.

d. No person or organization shall camp overnight in any Town Trail Area.

e. No person or organization shall erect tents, or construct shelters or other structures of a temporary or permanent nature in any Town Trail Area.

f. No person shall light, kindle or use any fire in any Town Trail Area.

g. Hunting, trapping, archery, discharging firearms, paintball guns, air guns or use of any weapon on or into any Town Trail Areas is prohibited. Hunters crossing Town Trail Areas to gain access to private or state property may proceed through Town Trail Areas only with an unloaded firearm.

h. No person shall offer any article, item or service for sale in any Town Trail Area without the express written permission of the First Selectmen, except that this does not apply to established Parks & Recreation Dept. and Board of Education programs.

i. No person shall destroy, injure, herd, harvest or disturb any form of wildlife, plant life, or its habitat on any Town Trail Area excluding state permitted fishing where specifically allowed.

j. No bottles, broken glass, cans, waste paper or other rubbish shall be left in any Town Trail Area except in containers designated for that purpose.  If the containers are full or there are no containers available, it is the responsibility of each person bringing disposable items into a Town Trail Area to remove these or any derivative waste when they leave the Town Trail Area. No yard waste, leaves, or other refuse, may be deposited into Town Trail Areas. No residential or commercial dumping of any kind is permitted in Town Trail Areas.

k. No person shall deface, disfigure, mar, injure, remove, alter or otherwise intentionally damage or tamper any Town Trail Area property or improvement.

l. No person shall use any alcoholic beverage and/or illegal drugs in any Town Trail Area

m. No animals, except dogs as provided for in this Ordinance, shall be permitted in the town trail Area unless specifically authorized by the Town.

 

Sec.4 - Violations - Each violation of this Ordinance shall constitute a separate violation.

 

Sec. 5 -.Penalties

a.   Any person violating any of the provisions of this ordinance shall be subject to a fine not less than fifty ($50) dollars nor more than two hundred fifty ($250) dollars for each offense.

This Ordinance shall take effect (30) thirty days following publication in accordance with Section 7-157 of the Connecticut General Statutes.

DATED AT MARLBOROUGH, CONNECTICUT, THIS 22nd DAY OF June, 2010

 

CODIFICATION OF ORDINANCE

 

Table of Contents

A. General (page 1)     A. General (page 2)     B. General Elections Board and Commissions     C. Town Meeting Election Board and Commissions
D. Appointive Boards and Commissions     E. Public Officials     F. Public Roads     G. Operation of Town Sanitary Transfer Station
H. Public Safety     I. Disposal of Town Property     J. Flood Plan Management Ordinance     K. Sanitary Code     L. General Repealer 

 

G.1. TRANSFER STATION AREA

There shall be a Town Sanitary Transfer Station area (the Transfer Station) for the convenience and sole use of Marlborough residents on a parcel of land on Quinn Road.  No person shall bring garbage, rubbish, or Recyclable Materials (as defined in Ordinance G.4.) to the Transfer Station from any other town.  As set forth in Ordinances  G.2., G.3., and G.4., residents may bring certain materials to the Transfer Station, but under no circumstances shall residents dump garbage or rubbish in any other section of the Town.  Residents and businesses may contract with private haulers for the purpose of transporting garbage, rubbish, and Recyclable Materials (as defined in Ordinance G.4.) to other licensed facilities.  All such material shall be secured in transit in such a manner so as to prevent it from being scattered on roads and highways.  Any person violating Ordinance G.1. shall be subject to a $100 fine for each violation.

G.2. DISPOSAL OF UNAUTHORIZED MATERIALS AT THE TRANSFER STATION

Only Authorized Materials (as defined and limited by Ordinances G.3.and G.4.) shall be disposed of at the Transfer Station.  Any person violating Ordinance G.2. shall be subject to a $100 fine for each violation.


G.3. REGULATION CONERNING THE DISPOSAL OF AUTHORIZED MATERIALS

Section 1 – Only the following materials (collectively the Authorized Materials ) shall be disposed of at the Transfer Station pursuant to Ordinances G.1. through G.4., inclusive:

1. Household Waste – as defined in Ordinance G.4., Recycling, Section I.
2. Recyclable Materials – as defined in and limited by Ordinance G.4., Recycling, Sections I and II.A.
3. Household furniture and items, including sofas, stuffed chairs, recliners, sofa beds, mattresses, and box springs.
4. White Goods – as defined in Ordinance G.4., Recycling, Section I.
5. Stumps (up to 24” diameter), wooden furniture pallets, and logs.
6. Construction and Demolition Waste – as defined in Ordinance G.4.,Recycling, Section I.
7. Brush – as defined in Ordinance G.4., Recycling, Section I.
8. Scrap Tires – as defined in Ordinance G-4, Recycling, Section I
9. Other items as approved by the Board of Selectmen.

Section 2 – Each vehicle entering the Transfer Station shall have an up to date permit sticker attached to the vehicle’s windshield or a temporary permit issued by the Town Clerk of the First Selectman.

Section 3 – The Board of Selectmen shall set the hours of operation of the Transfer Station.

Section 4 – The Board of Selectmen may prescribe and from time to time amend fees for the acceptance of Authorized Materials at the Transfer Station.

Section 5 – All Recyclable Materials (as defined and limited by Ordinance G.4., Sections I and II) delivered to the Transfer Station must conform to Ordinance G.4., concerning recycling.

Section 6 – Any item not listed in the definition of Authorized Materials contained in Section 1 of Ordinance G.3. shall not be disposed of at the Transfer Station, including but not limited to the following items:

a. Waste oil, waste antifreeze, and waste oil filters produced by or in the possession of commercial enterprises, liquid waste mixed trash, stumps exceeding 24” in diameter, animal carcasses, or animal by-products.

b. Hazardous Waste (as defined in Ordinance G.4., Section I), including but not limited to pesticides, herbicides, asbestos, lead or oil based paints, drain cleaners, solvents, brake fluid, wood preservatives, rat poison, oven cleaners, swimming pool chemicals, acids, photo chemicals, epoxy, or furniture stripper.  These items must be brought to a licensed household hazardous waste disposal facility.

c. Biomedical Waste (as defined in Ordinance G.4.Section I).

d. Grass clippings 

e. Special Waste (as defined in Ordinance G.4.Section I). Section 7 – No person shall deposit at the Transfer Station any ice box, refrigerator, or other container that has an air-tight door or lid, snap, or other locking device that may not be released from the inside without first removing the door or lid, snap lock, or other locking device from the ice box, refrigerator, or container.

Section 8 – A temporary permit shall be required for anyone who is hired by a resident of the Town to transport demolition material or debris to the Transfer Station.  Temporary permits are issued by the Town Clerk or the First Selectman.

Section 9 – Any person violating Ordinance G.3. shall be subject to a $100 fine for each violation.

 

G.4 RECYCLING

I. Definitions

Aseptic Packaging – means gable top, plastic-coated containers up to (1) one gallon in size, empty with straws and caps removed.

Battery (dry cell storage type) – means a device used for generating electric current through a chemical reaction, including but not limited to, nickel-cadmium, carbon, and/or alkaline batteries.  The term Battery does not include mercuric oxide batteries, which will not be accepted at the Transfer Station.  The term  Battery also does not refer to lead acid batteries or motor vehicle batteries, which are encompassed within the term Storage Battery, as defined below.

Biomedical Waste – means infectious waste, pathological waste, and chemotherapy waste generated during the administration of medical care or the performance of medical research involving humans or animals and as further defined in Connecticut General Statutes section 22a-207(19), as amended.  Syringes, sharps, and needles stored in #2HDPE container, with lid taped shut, are acceptable for disposal into Household Waste.

Brush – means bushes, shrubs, and/or tree limbs less than 3” in diameter.

Cardboard – means corrugated boxes and similar corrugated and kraft paper materials that have a minimum of contamination by food or other material.  No wax or plastic coatings allowed.  All items must be free of debris and flattened prior to disposal.  Materials cannot be larger than 3’ x 3’.

Commingled Recyclable Material – means the assortment or combination of Metal Food Containers, Plastic Containers, Glass Food Containers, aluminum foil, and/or Aseptic Packaging.  All items must be free of debris and cleaned.
Construction and Demolition Waste – means waste building materials and packaging resulting from construction, remodeling, repair, and demolition operations on houses, commercial buildings, and other structures as further defined and limited by Connecticut General Statutes’ 22a-208x, as amended.

DEP – means the State of Connecticut Department of Environmental Protection.

Glass Food Containers – means any unbroken glass bottle of jar of any shape or color up to (1) one gallon in size used to package food or beverage products suitable for human or animal consumption.  All Glass Food Containers must be clean and have caps, lids, and corks removed.

Hazardous Waste – means any waste material that may pose a present or potential hazard to human health or the environment when improperly disposed of, treated, stored, transported, or otherwise managed and as further defined by Connecticut General Statutes’ 22a-115(1), as amended and 22a-209-1 of the Regulations of the DEP, as amended.
Household Waste – means ordinary household waste that does not contain any Recyclable Materials, Hazardous Waste, Construction and Demolition Waste, Biomedical Waste, Batteries, Storage Batteries, Special Waste or oil base paints.  Dry latex paint is acceptable.

Leaves – means the foliage of trees.

Magazines – means catalogs, magazines, or other similar printed matter.

Metal Food Container – means any aluminum, bi-metal, steel, tin-plated steel, or other metallic can, plate, or tray of any shape up to (1) one gallon in size used to package food or beverage products suitable for human or animal consumption.  Clean aluminum foil is also acceptable.  Number 10 cans are also acceptable.

Newspaper  - means any used or discarded newsprint that has a minimum of contamination by food or other material.  Newspaper must be no more than two months old, clean, dry and placed in brown Kraft paper grocery bags.

Office Paper – means any 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 photo-copying, which is suitable for recycling and which has a minimum of contamination, excluding office paper generated by households.

Plastic Containers – means #1 PET (polyethylene terephthalate) up to (3) three liters in size with Number 1 on the container and #2 HDPE (high density polyethylene) up to (1) one gallon in size with Number 2 on the container.

Reasonable Opportunity to Recycle – Exists when for a given Recyclable Material there exists a separate container, handling, transport, and/or processing at the Transfer Station or other designated location in the Town.

Recyclable Materials – means any materials that have been designated as recyclable under the Connecticut General Statutes and the Regulations of the DEP, as amended, and that have been identified as recyclable pursuant to Section II below.

Recycling  - means the process of sorting, cleansing, treating, and reconstitution waste or other discarded material for the purpose of using the altered form.

Recycling Container – means a specifically marked container used to collect Recyclable Materials separately from other solid waste.

Resident – means individuals who reside in the Town.  The term Resident does not include businesses or other organizations. 

Scrap Metal – means used or discarded items that consist predominantly of ferrous metals, aluminum, brass, copper, lead, chromium, tin, nickel, or alloys thereof including but not limited to White Goods.  All non-metal items must be removed.  No Batteries or closed containers allowed.

Scrap Tires – means any discarded rubber of synthetic rubber tires used by or manufactured for vehicles, including but not limited to automobiles, trucks, buses, and trailers.  No rims larger than17” will be accepted.

Special Waste – means any waste that is not Recyclable Materials, Household Waste, Hazardous Waste, or Biomedical Waste, and that requires special handling for disposal.

Storage Battery – means lead acid batteries or other batteries used in motor vehicles such as automobiles, airplanes, boats, recreational vehicles, and tractors.

Waste Antifreeze – means a substance of low freezing point added to a liquid, especially to the water in a radiator of vehicles, e.g., ethylene glycol.

Waste Oil – Crankcase oil that has utilized in internal combustion engines.

White Goods – means common household appliances such as washers, dryers, air conditioners, television, refrigerators, freezers, and stoves.

 

II. Recyclable Materials

A.  The list of Recyclable Materials is as follows:

(a)  Cardboard;
(b)  Glass Flood Containers;
(c)  Leaves;
(d)  Metal Food Containers;
(e)  Newspaper;
(f)  Office Paper;
(g)  Scrap Metal;
(h)  Storage Batteries;
(i)  Waste Oil
(j)  Waste Antifreeze;
(k)  Plastic Containers;
(l)   Magazines; and
(m) Scrap Tires

B.  The Board of Selectmen may revise this list from time to time.

 

III. Household Recycling

A. Prior to collection or disposal, Residents shall pre-sort the following items from Household Waste and shall place the separated items into an appropriate Recycling Container:  Glass Food Containers, Metal Food Containers, Plastic Containers, Aluminum Foil, Aseptic Packaging, Magazines, and Newspaper.  Glass Food Containers, Metal Food Containers, Aseptic Packaging, and Plastic Containers shall be rinsed.
Newspapers shall be string-tied in bundles or place in brown paper grocery bags.

B. The Board of Selectmen may revise, from time to time, the materials required to be pre-sorted from Household Waste prior to collection or disposal.

IV. Recycling By Private Businesses

A. The use of the terms Private Business and Private Businesses in this Section refer to commercial, industrial, and private business enterprises located in the Town.

B. All Private businesses and/or owners of Private Business property are responsible for the proper disposal of garbage, rubbish, and Recyclable Materials that are generated or brought onto their property.  They must also adhere to all applicable local state, and federal laws relating to recycling and waste disposal.

C. The materials that must be recycled by Private Businesses are as follows: Plastic Containers, Glass Food Containers, Metal Food Containers, Newspaper, Magazines, Cardboard, Waste Oil, Storage Batteries, Scrap Metal, and Office Paper.  The Board of Selectmen may revise this list from time to time.

D. All Private Businesses and owners of Private Business property are required to provide their own means of collection, transportation, and disposal of Recyclable Materials and non-recyclable waste from their property to a proper receiving center.

E. Private Businesses and owners of Private Business properties must make themselves aware of the proper means by which to dispose of  Recyclable Materials and non-recyclable waste generated or brought onto their property.

F. The Transfer Station may accept or receive Recyclable Materials or non-recyclable waste that is generated by Private Businesses or that is brought onto Private Business property only as directed by the Board of Selectmen or as required by subparagraph H below.

F. Upon request, the town will provide assistance to Private Businesses interested in learning proper recycling procedures.

H. All private haulers shall obtain a permit and/or a license while working in the Town.  All private haulers shall also provide monthly tonnage reports to the Town.

 

V. Waste Oil

A. The Town will maintain a storage container at the Transfer Station to receive Waste Oil from Residents only.  The Town also will provide for the removal of collected Waste Oil from the Transfer Station, as necessary.

B. The Town will provide a separate disposal container at the Transfer Station to receive used Waste Oil filters from Residents only.

C. The Town will provide a separate disposal container at the Transfer Station to receive Waste Antifreeze from Residents only.

D. Private businesses and other organizations, including but not limited to garages and dealerships, shall make their own provisions for storage and  removal of Waste Oil, Waste Oil filters, and Waste Antifreeze.

 

VI Leaves

A.  The Town will accept Leaves at the Transfer Station.

 

VII. Scrap Metal

A.  The Town will accept Scrap Metal at the Transfer Station.

 

VIII. Storage Batteries

A. The Town will maintain a drop-off point at the Transfer Station for Storage Batteries from Residents only.

B. Private Businesses and other organizations, including but not limited to garages and dealerships, will be responsible for properly disposing of Storage Batteries.  The Town will not accept Storage Batteries from Private Businesses and other organizations at the Transfer Station.

IX. Freon Recovery

A. Chlorofluorocarbons (CFC’s) and hydro chlorofluorocarbons (HFC’s) shall not be removed from any item containing such materials prior to disposal of such item at the Transfer Station.  The Town shall arrange for such removal by a licensed or certified company.

X. Household Furniture and Mattresses

A. The Town will accept household furniture and mattresses at the Transfer Station from Residents only.  Private Businesses and other organizations shall make their own provisions for the disposal of furniture and mattresses.

XI Enforcement

A. Those generators of waste found to be in violation of requirements for pre-sorting Recyclable Materials will be notified in one or more of the following ways:

1. Verbally;
2. In writing; or
3. In person by a representative of the Town.

B. The Town will not accept any Recyclable Materials in the municipal solid waste container at the Transfer Station from any waste generator for whom there exists a Reasonable Opportunity to Recycle. 

1.  Contracted waste and materials haulers shall not collect waste from waste generators that violate the pre-sorting requirements set forth in Ordinance G.4.  Any person that dumps one or more loads at the Transfer Station not complying with the pre-sorting requirements set fort in Ordinance G. 4. will be subject to the fines prescribed herein for each violation:

First Offense       $15.00
Second Offense   $100.00 fine
Third Offense      Review and determination by the Board of Selectmen of penalty, which may include fines up to the maximum amount by law.

Any Police Officer, Constable, Resident State Trooper, or other Person authorized by the First Selectman may issue a citation to any person who commits a violation of this Section.  Appeals may be made to the Board of Selectmen.

 2.  Contracted Waste and materials haulers who have reason to believe  that a person from whom they collect solid waste has discarded Recyclable Materials with such solid waste in violation of the pre-sorting requirements contained in this Ordinance shall not collect such solid waste and shall promptly notify the First Selectman or his designated agent for action by the Town against the violator.  The person whose waste was not collected will be subject to the fines prescribed herein for each violation:

First Offense             $15.00 fine
Subsequent Offense   $100.00 fine and subject to order that material be removed.

3. Residents and Private Businesses delivering their own waste to the Transfer Station will place Recyclable Materials in containers provided for such items at the Transfer Station before disposing of non-recyclable waste.  Failure to do so will constitute a violation of this Ordinance and subject the violator to the fines set forth in subparagraph XI.B.1 of this Ordinance for each violation.

4. Private haulers of waste from Residents and Private Businesses must report any violation of this Ordinance to the Town pursuant to Connecticut General Statutes’ 22a-220c.

XII. Prohibition of Unauthorized Collection of Recyclable Materials

Except as specifically authorized by the Town, no person(s) engaged in the business of separation, recovery, collection, removal, storage, or disposition of materials and waste within the Town shall pick up pre-sorted Recyclable Materials.  This restriction shall also apply to any citizen, resident, taxpayer, or person who might engage in such a practice for personal gain.  

Effective Date:  MARCH 23, 2001 

 

CODIFICATION OF ORDINANCE

 

Table of Contents

A. General (page 1)     A. General (page 2)     B. General Elections Board and Commissions     C. Town Meeting Election Board and Commissions
D. Appointive Boards and Commissions     E. Public Officials     F. Public Roads     G. Operation of Town Sanitary Transfer Station
H. Public Safety     I. Disposal of Town Property     J. Flood Plan Management Ordinance     K. Sanitary Code     L. General Repealer 

 

F.1     ACCEPTING OF NEW ROADS

In addition to the provisions of the Town Charter, Section 3.4.3 the following restriction on the acceptance of new roads shall be followed.  Due to icing conditions, snow, and the general inclemency of the weather during the winter months, the Town of  Marlborough is hereby prohibited from accepting any new roads between the dates of November 15 and April 15 of any year.

F.2 REGULATIONS GOVERNING ACTIVITIES WITHIN THE PUBLIC HIGHWAY RIGHT-OF-WAY

Sec. 1. That within the Town of Marlborough no person, firm, corporation or their servant agent or employee shall excavate within the Right-of-Way on any street or highway under the control of, or maintained by the Town, or dig below the surface or any street or highway or place any obstruction thereon or install a driveway or do grading thereon without first obtaining a permit therefore from the First Selectman or his authorized representative.  As used herein highway or street shall include any portion, the shoulders, of any unimproved or underdeveloped portion of the highway or street. 

Sec. 2. The issuance of such permits shall be in accordance with the following rules and regulations:

(a) Permit shall be issued only after receipt of application in writing, signed by the applicant or his authorized representative, stating the nature of the work to be performed, location, and person, corporation, or agency performing the work.

(b) The fee for issuing each permit under the provision of this order shall be set by the Board of Selectmen.

(c) A cash or surety bond in an amount equal to the value of the improvements proposed within the Public Right-of-Way must be deposited on issuance of the permit, to insure completion of the improvements and restoration of the highway to conditions satisfactory to the First Selectman.  Notification of completion of the work shall be given to the First Selectman, and, upon inspection and approval, he will arrange for release of bond.

(d) Excavation and construction, and restoration of road must be done by a bona fide contractor, and suitable barricades and warning lights must be provided to safeguard the public during the progress of work.  One-half of the traveled part of road shall be kept open at all times during construction.

(e) The Superintendent of Highways or his authorized representative is empowered to inspect at any time any or all work being performed under a permit issued under the provisions of this ordinance.  If in his opinion the public safety and welfare so warrant, he may direct the permittee to restore any excavation or install or remove any obstruction within 12 hours of such notice and if such direction is not complied with, he may cause such work to be done at the responsibility and expense of the permittee.

(f) Permits will expire six months after date of issue, unless canceled by completion  and approval of work done by the First Selectman at a previous date.

(g) None of the foregoing provisions of this ordinance shall apply to any work being done by or on behalf of the Town of Marlborough, or performed in connection with the maintenance repair, replacement or relocation of existing utility poles owned by a public service company, not to the erection of any temporary protective warning signs or devises, not to installation of additional utility poles in connection with the extension of service by such a company. 

(h) It shall be the responsibility of the general contractor or developer in an area where there is construction or excavation in progress, to prevent littering on, or damage to, a Town Highway.  Littering shall include droppings from vehicles, sediment resulting from erosion, and any other debris cited by the Superintendent of  Highways or his authorized representative.  If  littered, the roadway shall be cleaned at the end of each working day and if damaged, the roadway shall be repaired according to the Town of Marlborough “Highway Construction Standards and Specifications”, within a reasonable time period as agreed upon by the Superintendent    of Highways or his authorized representatives.  Any contractor or developer found to be in violation of this section shall be subject to a stop work order and all other penalties dictated by this ordinance.

Sec. 3 All work performed under this ordinance shall be in accordance with the latest approved Town of Marlborough “Highway Construction Standard and Specification” available at the office of the Town Clerk.  In the ordinance, the First Selectman will cause necessary repairs to be made and costs will be billed for excess and amount will be due within thirty (30) days from the date of billing.

Sec. 4 Any person, firm or corporation violating any provision of this ordinance shall be guilty of misdemeanor and upon conviction may be subject to a fine of not more than twenty-five ($25) dollars for each provision thus violated, and each day such violations shall continue after notice to the offender may be deemed a separate offense.

 

F.3    PARKING

3.1 No parking shall be permitted on any highway or town road between the hours of 12 midnight and 6:00 a.m. commencing November 1st of each year and ending April 1st of each following year.  Any person violating this ordinance shall be subject to a fine of twenty-five ($25) dollars for each violation.

3.2 OVERNIGHT PARKING

It shall be unlawful for any person to stop, stand, park, or leave any commercial vehicle, item of construction equipment, or trailer on any public highway including any state or municipal highway or any traveled way which is paved, plowed or otherwise maintained by the Town, regardless of whether the same has been formally accepted by the Town of Marlborough) or within the public right of way thereof between the hours of 12:00 midnight. and 6:00 a.m. of any day. The Board of Selectmen may permit for limited durations the parking of construction equipment related to an active Town construction project within the Town highway right of way.  Any person violating this ordinance shall be subject to a fine of Twenty-five ($25) dollars for each violation. (October 5, 2011)

F.4 No parking shall be permitted on any highway or Town road while snow is on the highway or Town road.  Any person violating this ordinance shall be subject to a fine of Twenty-five ($25) dollars for each violation.

F.5 HANDICAPPED PARKING  The Board of Selectmen may designate areas reserved for handicapped parking. Unauthorized use of said areas shall subject the violator to a fine of twenty-five ($25) dollars for each violation.

F.6 SIDEWALKS – 12/88

Sec. 1 The First Selectman shall provide for an inspection of Town accepted sidewalks and shall order the owner or occupants of property adjoining any defective sidewalk to repair the same.  If such defect is not repaired within thirty (30) days from the date of order thereof, the First Selectman may order the repair of such defect and cost of such repair shall be collected by the Town of Marlborough from the defaulting property owner.  (12/88)

Sec 2.1 Definitions.
The following words, terms and phrases, when used in this ordinance shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Occupant means the tenant, lessee or any other person or entity in possession and control of any privately owned premises. 

Owner means the person, estate, corporation or any other legal entity that owns or holds any interest in the premises.  This includes all owners regardless of number or interest. 

Premises means any tract, parcel, lot or other subdivision of land, within the town with or without buildings thereon, that adjoins or fronts on any sidewalk within the town or borders or adjoins any street, square or public place within the town where there is a sidewalk. 

Sidewalk means any paved, graded, planked or raised, or in any other way improved, municipally-owned off-road walkway intended for public use. 

Sec 2.2 Owner or occupant’s duty to remove any obstruction from sidewalk.
Pursuant to C.G.S. § 7-148(c)(6)(C)(v), each owner or occupant of land adjacent to any sidewalk shall remove snow, ice, sleet, debris or any other obstruction there from.

Sec 2.3 Specific duty to remove snow and ice; throwing snow and ice into street.

(a) In addition to the duty on an owner or occupant pursuant to § 7-148(c)(6)(C)(v),  an owner or occupant of any premises abutting a public sidewalk shall remove or cause to be removed from the entire width of such sidewalk any and all snow and ice within twenty-four (24) hours after the snow event has ceased.

(b) In any case or situation where the removal of ice is impossible or extremely difficult the owner or occupant shall cause such sidewalk to be made safe for public travel by covering the same with sand or some other suitable substance.

(c) All snow and ice accumulating in the street higher than a point 4 (four) inches below the bottom of the lowest outlet on any fire hydrant, and within a radius of three (3) feet from the center of such hydrant, shall be removed by the occupant or owner of the premises fronting on that portion of the street within twenty-four (24) hours after the snow event has ceased.

(d) No person shall throw or put, or cause to be thrown or put, any snow or ice into or onto the traveled portion of any public street or highway under the jurisdiction of the town.

Sec 2.4 Municipal liability for ice and snow on public sidewalks

(a) This section is adopted pursuant to C.G.S. § 7-163a.

(b) The Town of Marlborough shall not be liable to any person injured in person or property caused by the presence of ice or snow on a public sidewalk unless the Town is the owner or in possession and control of land abutting such sidewalk.

(c) The owner, occupant, or person in possession of land abutting a public sidewalk shall have the same duty of care with respect to the presence of ice or snow on such sidewalk toward the portion of the sidewalk abutting his property as the Town of Marlborough had prior to the effective date of this ordinance and such owner, occupant, or person in possession shall be liable to persons injured in person or property where a breach of said duty is a proximate cause of said injury.

Sec 2.5 Violation and penalty.

(a) Whenever any owner or occupant, as herein defined, whose duty it is to remove snow, ice, sleet, debris or any other obstruction or to otherwise make sidewalks safe for public travel, as herein provided, shall fail, refuse or neglect to comply with the same or shall otherwise violate any provision of this article shall be issued a citation and fined $75.00 (seventy five dollars) for each offense.  The citation must be paid upon receipt.

(b) Each and every day of refusal or neglect to comply with such provisions shall be deemed a separate offense. 

(c) Any owner or occupant issued a citation pursuant to this article shall be entitled to a hearing pursuant to the provisions of C.G.S. §7-152c as revised. 

(d) The Board of Selectmen shall appoint a hearing officer(s) pursuant to C.G.S. §7-152c as revised.  The hearing officer(s) will conduct the hearing as provided for in C.G.S. §7-152c as revised.

Sec 2.6 Removal by Town upon violations; lien.

(a) Pursuant to C.G.S. § 7-148(c)(6)(C)(v), in the event any owner or occupant of premises as defined herein shall fail, neglect or refuse to remove snow, ice, sleet, debris, or any other obstruction from any sidewalk or to make any sidewalk safe for public travel or otherwise fails, neglects or refuses to comply with the provisions of this article, the First Selectman or his designee, upon such failure, neglect or refusal, may remove or cause to be removed any obstruction from such sidewalk or otherwise make it safe for public travel.

(b The costs of such removal or other necessary action shall be a lien upon the premises concerned, provided the First Selectman shall cause a certificate of lien to be recorded in the office of the town clerk within 30 (thirty) days from such removal or other necessary action.

DATED AT MARLBOROUGH, CONNECTICUT, THIS 5th DAY OF OCTOBER, 2011

 

CODIFICATION OF ORDINANCE

 

Table of Contents

A. General (page 1)     A. General (page 2)     B. General Elections Board and Commissions     C. Town Meeting Election Board and Commissions
D. Appointive Boards and Commissions     E. Public Officials     F. Public Roads     G. Operation of Town Sanitary Transfer Station
H. Public Safety     I. Disposal of Town Property     J. Flood Plan Management Ordinance     K. Sanitary Code     L. General Repealer 


E.1   JUSTICES OF THE PEACE - 5/7/96

There shall be selected fifteen (15) Justices of the Peace in a manner and to serve terms as prescribed in Sections 9-183b, 9-183c, 9-184 and 9-184c of CGS.

E.2   TOWN CLERK

Effective January 7, 1980, as provided in Section 7-34(b) of the CGS, the Town Clerk will receive a salary which will be fixed by the Legislative Body at the Annual Budget Meeting.  All Fees or compensations provided by the General Statutes to be paid to the town clerk shall be collected by such Town Clerk and all such moneys shall be deposited weekly into a Town Account designated by the Town Treasurer.

E.3   ZONING ENFORCEMENT OFFICIAL

The Zoning Enforcement Official will be the Enforcing Officer for the Conservation Commission for the Inland Wetland Regulations.

CODIFICATION OF ORDINANCE

 

Table of Contents

A. General (page 1)     A. General (page 2)     B. General Elections Board and Commissions     C. Town Meeting Election Board and Commissions
D. Appointive Boards and Commissions     E. Public Officials     F. Public Roads     G. Operation of Town Sanitary Transfer Station
H. Public Safety     I. Disposal of Town Property     J. Flood Plan Management Ordinance     K. Sanitary Code     L. General Repealer 

 

D.1      ECONOMIC DEVELOPMENT COMMISSION      

(a) There shall be an Economic Development Commission of the Town, which shall consist of five members appointed by the Board of Selectmen.

(b) There shall be three alternates to the Economic Development Commission, whose powers and duties, when seated, shall be the same as provided by the law for regular members of the Commission.  Alternates shall be appointed by the Board of Selectmen, which appointments shall comply with minority representation requirements of CGS 9-167(a) and the Town Charter.

(c) The term of all members to the Commission shall be four years; except that for the three members appointed to terms commencing on 1997, the terms shall be as follows: one member shall be appointed for two years, one member shall be appointed for three years, and one member shall be appointed for four years; thereafter, the terms for these three members, or their successors, shall be four years.

(d) The term of all alternates to the Commission shall be four years.(May, 1996)

D.2      TRAFFIC SAFETY COMMISSION

The Traffic Safety Commission will be charged with the duties of making studies and surveys of the roads under the jurisdiction of the Town.  They shall determine the dangerous and hazardous section, establish priorities, pin-point areas to be corrected and report to the Board of Selectmen.   They are charged with the ‘traveling public’ in the Town, and will cooperate with the Selectmen in making our roads safer for all our people. 

 

D.3      FIRE COMMISSIONERS

The Fire Commissioners shall obtain fire protection for the Town and supervise affairs relative to this objective.  Nothing herein shall affect the ownership by the Volunteer Fire Company of any building, fire apparatus, or other property, and the Fire Commissioners may enter into an agreement with observance of the regulations of the Commissioners as the Commissioners may deem desirable and reasonable.

D.4.     MUNICIPAL HEALTH SERVICES

1. The Director of Health shall prepare a public health nursing program which,  after advise of the Municipal Health Service Committee and approval of the Board of Selectmen, shall be submitted to the State Commissioner of Health for approval as provided in CGS Section 19-71 a.

2. The Municipal Health Service Committee shall be advisory to the Director of Health and Board of Selectmen in all matters concerning health services in the Town of Marlborough.

3. The Board of Selectmen shall be authorized, pursuant to CGS Section 19-96, to enter into a contractual agreement with another municipality or to procure health services if the State Department of Health approves such action.

4. The Board of Selectmen, with the advise of the Director of Health, shall designate persons from said Committee for appointment as representatives of the  Town of Marlborough on the Board of Directors of any group providing approved health services to the Town of Marlborough.  Their terms and duties shall be as prescribed in the By-Laws of said health service group, provided that the Board of Selectmen may replace any such representative whenever it appears to be in the best interest of the Town of Marlborough as determined by the Board of Selectmen.

D.5      PUBLIC BUILDING COMMISSION

(a) The Commission shall act on behalf of the Town of Marlborough in matters pertaining to the construction of public buildings by the Town and shall perform such other duties as may be assigned from time to time by action of the Town Meeting or the Board of Selectmen.

b) There shall be three alternates to the Building Commission, whose powers and duties, when seated, shall be the same as provided by law for the regular members of the Commission.  Alternates shall be appointed by the Board of Selectmen, which appointments shall comply with minority representation requirements of CGS 9-167 (a) and the Town Charter.

(c) The term of all alternates to the Commission shall be four years; except that for the three alternate members appointed to terms commencing in 2001, the terms shall be as follows:  one member shall be appointed for  two years, one member shall be appointed for three years, and one member shall be appointed for four years; thereafter, the terms for these three members, or their successors, shall be four years.
Sections (b & c) were added June 19, 2001 and effective July 19, 2001.

D.6      ARTS AND CULTURAL COMMISSION

(a) There shall be established an Arts and Cultural Commission for the purpose of facilitating the continuation and development of the arts and cultural activities.  Such commission shall consist of not less that seven (7) members nor more than fifteen (15) members.  Members shall be appointed by the Board of Selectmen for four (4) year overlapping terms.  Members shall be appointed from nominees submitted to the Board of Selectmen from various community and municipal organizations and from at-large applicants.  At-large applicants may apply directly to the Board of Selectmen for appointment.

(effective October, 1998)

D.7      DESIGNATION OF ALTERNATE MEMBERS TO ACT ON BOARDS, COMMISSIONS, COMMITTEES, AND OTHER SIMILAR BODIES.

Except where otherwise provided by statute, for any board, commission, committee, or other similar body of  the of the Town of Marlborough for which the election or appointment of alternates has been authorized, the following procedures shall apply to the designation of such alternates to act:

(a) If any regular member of any board, commission, committee, or other similar body of the Town of Marlborough is absent or disqualified from acting, the Chairman of such board, commission, committee, or other similar body shall, subject to the provisions of Conn. Gen stat. 9-167a, designate an alternate from the panel of alternates, choosing alternates in rotation so that they shall act as nearly equal a number of times as possible.  If any alternate is not available in accordance with such rotation, such fact shall be recorded in the minutes of the meeting and the next alternate shall be designated.

(b) An alternate designated to act in place of a regular member who has been disqualified shall continue to act in such capacity in the hearing and determination  of the particular matter or matters in which the disqualification arose.

(c) Any alternate designated to act in place of a regular member who is absent shall act in such capacity only so long as the regular member remains absent from the proceedings.

Effective: June, 2002

D8.      LAKE ADVISORY COMMISSION

I.  Establishment of Lake Advisory Commission

There is herby established the Marlborough Lake Advisory Commission, which shall serve as an advisory board to the Board of Selectmen and other Town agencies.

II. Powers and Duties

The Lake Advisory Commission shall have the following powers and duties:

To oversee the water quality and recreational use of Lake Terramuggus and help make recommendations to Town Agencies as to lake management issues.  The Commission shall also promote the implementation of town goals and objectives as outlined within the various strategic plans of the various Town Agencies. 

The Commission shall also be responsible for the following:

• Coordinating the water quality testing program
• Coordination and update of the Lake Management Plan
• Public Outreach concerning lake management issues

III. Membership and Transition of current Members/Alternates:

The Board of Selectmen shall appoint all regular members and alternate members.  When a vacancy occurs, the Board of selectmen shall appoint a successor to hold office for the unexpired portion of the term.  A member shall continue in office until his successor is appointed.  The Board of Selectmen may, for good cause, remove any regular member or alternate member from office prior to the expiration of a term.

The Lake Advisory Commission shall consist of seven (7) regular members; at least two (2) regular members shall reside on (adjacent to) the Lake Terramuggus and at least two (2) regular members shall reside outside of the Lake Terramuggus watershed district.

There shall be three (3) alternate members on the Lake Advisory Commission.  Alternate members when seated, shall have the same powers and duties provided for by law for regular members of the Lake Advisory Commission.

All regular members and alternate members of the Lake Advisory Commission in existence immediately before the effective date of this ordinance shall be appointed to the Lake Advisory Commission created pursuant to this ordinance.

A transition process is necessary to affect membership representation that is, at least two (2) regular members shall reside outside of the Lake Terramuggus watershed district.  Upon the expiration of a term, resignation or a member is no longer an elector of the Town of Marlborough that continue to serve under the transition provision, “ All regular members and alternate members of the Lake Advisory Commission in existence immediately before the effective date of this ordinance shall be appointed, appointments made thereafter must meet residency (reside) requirements set forth by this ordinance.

All regular members and alternate members of the Lake Advisory Commission shall be electors of the Town of Marlborough and shall serve without compensation.

A Chairman and the Vice Chairman shall be elected by the members of the Lake Advisory Commission from among the members of the Lake Advisory Commission.  These elections shall be made upon the effective date of this ordinance and annually thereafter in January of each year.  The Chairman and Vice Chairman shall continue in office until their successors are elected. 

The Lake Advisory Commission shall be authorized to establish and promulgate bylaws to enable it to function in fulfilling its duties.

Upon the effective date of this ordinance the Board of Selectmen shall appoint:  Three (3) regular members and one (1) alternate member to serve terms until January 1, 2009; two regular members and one (1) alternate member to serve terms until January 1, 2010; and two (2) regular members and one (1) alternate member to serve terms until January 1, 2011.  Thereafter all terms shall be for three (3) year periods. 

IV. Meetings:

The Commission shall meet periodically, but not less frequently than quarterly.

V. Effective Date:

This Ordinance shall take effect (30)days following publication in accordance with Section 7-157 of the Connecticut General Statutes.

Dated at Marlborough, CT this 17th day of June, 2008

 

D.9      Community Development Advisory Commission

I.  Establishment of Community Development Advisory Commission

There is hereby established the Marlborough Community Development Advisory Commission, which will serve as an advisory board to the Board of Selectmen and other Town agencies.

II. Powers and Duties.

The Community Development Advisory Commission will have the following powers and duties: 

Community Vision - Through Public involvement the Commission will identify the vision in conjunction with other Town Boards and Commissions for the future of the Town of Marlborough, including community values, goals and action plans for working with all boards and commissions in achieving the vision.  The Commission will work with the various Town Boards and Commissions to promote the implementation of town goals and objectives as outlined within the various strategic plans of the various Town Agencies.  The Commission will help develop and maintain an overall strategic plan articulating the community vision and values, and work annually with the community and Town Boards and Commissions to create recommendations for actions to implement the goals and objectives of the plan. 

The Commission will work with the various Town Boards and Commissions as requested and also will perform the following functions:

Beautification Committee – The Commission will promote and coordinate the landscaping of Town owned property and promote the beautification of the community as a whole.

Community Marketing Strategy – It will work in an advisory capacity with the various Town Boards and Commissions to develop a community marketing strategy that will promote the character and identify the values of the community.

Facility/Infrastructure Planning – The Commission will work with the Public Building Commission and Board of Selectmen to identify the facility/infrastructure needs of the town and the timelines for addressing those needs. 

Long Term Capitol Improvement Planning – The Commission will review and recommend priorities for CNR projects, timelines, and budgets.  It will make recommendations annually to the Board of Selectmen in accordance with the timelines for the annual budget process. It will conduct workshops with Town departments and agencies as needed throughout the year.

Open Space and Municipal Land Acquisition – The Commission will work with the Conservation Commission and Planning Commission to advise the Board of Selectmen and Board of Finance concerning potential acquisition of land for municipal purposes, and perform other such tasks relating to the use and administration of the Marlborough Open Space Land Acquisition Fund. 

Plan of Conservation and Development – In an advisory capacity, the Commission will work with the Planning Commission to promote the implementation and updating of policies of the Marlborough Plan of Conservation and Development. 


III. Membership; Meetings

The Board of Selectman will appoint a Community Development Advisory Commission to consist of six members and three alternates.  The Community Development Advisory Commission will elect such other officers as it deems necessary and may establish such bylaws as it deems appropriate for the conduct of its business.  The Commission will meet periodically but not less that quarterly.

IV. Terms

After passage of this ordinance the Board of Selectman shall appoint two (2) regular members and one (1) alternate representative to serve terms until January 2008, two (2) regular members and one (1) alternate representative to serve terms until January 2007, and two (2) regular members to serve terms until January 2008.  Thereafter all terms shall be four (4) year terms.

V. Effective Date

This ordinance shall be effective thirty (30) days after the legal notice is published in the newspaper.  The Community Development Advisory Commissions currently in place shall remain in office until the Board of Selectman appoints the six (6) regular members and appointment of three (3) alternates.
This Ordinance shall take effect (30) days following publication in accordance with Section 7-157 of the Connecticut General Statutes. DATED AT MARLBOROUGH,

CONNECTICUT THIS 16TH DAY OF FEB. 2006

D. 10 COMMISSION ON AGING

Organization: There shall be a commission on aging in the Town of Marlborough, consisting of five (5) regular members and three (3) alternate members, which shall be called the MARLBOROUGH COMMISSION ON AGING. Members and alternate members shall be appointed by the Board of Selectmen and shall be chosen as follows:

At least two regular members of the Commission shall be members of the public sixty (60) years of age or older.  The three alternate members shall be members of the public, with preference given to individuals sixty (60) years of age or older.  All members so appointed shall be persons interested in and committed to the consideration and solution of the problems of the aging. 

A chairperson shall be elected by a majority of the regular members of the Commission.  Alternate members shall attend all meetings and shall take the place of a regular member when a regular member is absent from a meeting. When taking the place of an absent regular member, such alternate member shall be counted toward a quorum and shall have all the voting rights of the absent member. The chairperson shall rotate alternates to serve in this capacity as needed.

The Town of Marlborough’s municipal agent for elderly persons appointed pursuant to Connecticut General Statute § 7-127b (a) shall be an ad hoc member of the Commission.  The First Selectman, the Chatham Health district, Roy B. Pettengill Ambulance Association and the Marlborough Clergy (or their designees) serve as non-voting ex-officio members.

Membership and Terms of Appointment: In January of each year, the Board of Selectmen shall appoint regular members and alternate members to replace those whose terms are then expiring.  All regular members and alternate members shall be appointed to hold office for a period of three years.  Vacancies shall be filled for the unexpired portion of the term and the Commission may recommend a candidate to the Board of Selectmen to fill said vacancy.  All members of the Commission shall serve without compensation.

If any appointed member of the Commission fails to attend three consecutive meetings of the Commission or who fails to attend fifty percent of all meetings of the Commission held during any calendar year, it shall be cause for removal.  Any vacancy occurring other than by expiration of term shall be filled in the same manner as the original appointment for the balance of the unexpired term.

Purpose: The purpose of the Commission shall be to review and analyze the needs and conditions of the elderly and aging in relation to housing, nutrition, employment, economic welfare, health, recreation, social services, transportation and other matters and problems of concern to the elderly. The Commission shall also plan, coordinate, develop and implement programs to meet the needs and improve the conditions of the elderly and aging within the Town of Marlborough and shall provide coordination and linkage of such plans and programs long existing services. The Commission shall act as an advocate for the elderly and aging and shall make recommendations to the Board of Selectmen during the budget process.

Duties: The Commission shall initiate, plan and coordinate services and programs for the elderly and aging with Town of Marlborough in accordance with its purpose. It shall review, initiate and recommend approval or disapproval of application for federal, state, local and private funds for programs for the elderly and aging to the Board of Selectmen. The Commission shall assist in interpreting and developing policies and guidelines for elderly service and programs. The Commission shall meet at least once every month on a date which shall be determined by the regular members and call a special meeting from time to time as necessary. The Commission shall be authorized to establish and promulgate bylaws to enable it to function in fulfilling its duties. It is not intended that the Commission shall operate programs.

Budget: The Commission shall prepare an annual budget.  Said budget shall be submitted to the Board of Selectmen for the next fiscal year budget.

This Ordinance shall take effect (30) thirty days following publication in accordance with Section 7-157 of the Connecticut General Statutes.

DATED AT MARLBOROUGH, CONNECTICUT, THIS 27th DAY OF September, 2011

 

D.11 NATURE TRAILS AND SIDEWALKS COMMISSION

BE IT ORDAINED AS FOLLOWS:

1. Establishment of Nature Trails and Sidewalks Commission. 

There is hereby established the Marlborough Nature Trails and Sidewalks Commission which shall serve as an advisory board to the Board of Selectmen and other Town agencies.

2. Powers and Duties.

The Nature Trails and Advisory Commission shall have the following powers and duties:  To oversee the recreational and other use of nature trails and sidewalks in the Town of Marlborough and to make recommendations to Town agencies as to the use, development and maintenance of nature trails and sidewalks.  The Commission shall also promote the implementation of Town goals and objectives as outlined within the various strategic plans of Town agencies.

3. Membership of Current Members and Alternates.

The Board of Selectman shall appoint all regular members and alternate members.  When a vacancy occurs, the Board of Selectmen shall appoint a successor to hold office for the unexpired portion of the term.  A member shall continue in office until his or her successor is appointed. 

The Nature Trails and Sidewalks Commission shall consist of five (5) regular members.  There shall be three (3) alternate members on the Commission.  Alternate members, when seated, shall have the same powers and duties as regular members.

All regular members and alternate members of the prior Nature Trail and Sidewalks Commission in existence immediately before the effective date of this Ordinance shall be appointed to the Nature Trails and Sidewalks Commission created pursuant to this Ordinance.  All members of the Commission shall be electors of the Town of Marlborough and shall serve without compensation.

If any appointed member of the Commission fails to attend three consecutive meetings of the Commission or who fails to attend fifty percent of all meetings of the Commission held during any calendar year, it shall be cause for removal.  Any vacancy occurring other than by expiration of term shall be filled in the same manner as the original appointment for the balance of the unexpired term.

A Chairman and a Vice Chairman shall be elected by the members from among the members of the Commission.  These elections shall be made as soon as reasonably practicable upon the effective date of this ordinance and annually thereafter in January of each year.  The Chairman and Vice Chairman shall continue in office until their successors are elected.  The Nature Trails and Sidewalks Advisory Commission shall be authorized to establish and promulgate bylaws to enable it to function in fulfilling its duties.

Upon the effective date of this Ordinance, the Board of Selectmen shall appoint three (3) regular members and two (2) alternate member to serve terms until January 1, 2011 and two (2) regular members and one (1)alternate member to serve terms until January 1, 2012.  Thereafter all terms shall be for two year periods. 

4. Meetings.

The Commission shall meet periodically but not less frequently than quarterly.

5. Effective date.  This Ordinance shall take effect thirty days following publication in accordance with § 7-157 of the Connecticut General Statutes.

DATED AT MARLBOROUGH, CONNECTICUT, THIS 30th DAY OF June, 2010

 

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Town Hours of Operation

Monday            8:00 - 4:30
Tuesday           8:00 - 7:00
Wednesday      8:00 - 4:30
Thursday          8:00 - 4:30
Friday              8:00 - Noon

Marlborough needs volunteer Board and Commission members to help local government make the important decisions that will determine our quality of life. If you’re interested in contributing your service and talent to our community, please consider applying to serve as a local board or commission member!

APPLICATION FOR APPOINTMENT TO BOARDS, COMMISSIONS OR COMMITTEE

Current Events

22 Feb 2018;
07:00PM -
Board of Education
26 Feb 2018;
05:30PM - 07:00PM
Special BOS Budget Workshop
26 Feb 2018;
06:30PM -
Reg.8 BOE
27 Feb 2018;
05:30PM - 07:00PM
Special BOS Budget Workshop
27 Feb 2018;
07:00PM -
Planning Commission
28 Feb 2018;
05:30PM - 07:00PM
Special BOS Budget Workshop

Emergency Contacts

Connecticut State PoliceMarlborough Police Information

911 - Fire, Police, Medical Emergency Vehicle Dispatch

Resident State Trooper – Office (860)295-9098
Email Trooper Dunshee: This email address is being protected from spambots. You need JavaScript enabled to view it.

 

CT State Police Troop K
   Emergency - 911
   Non-emergency – (860) 465-5400

Sewer Alarm & Repair
   Emergencies & Alarms: FR Mahoney & Associates (508)765-0051
   Routine Information: Marlborough Building Department (860)295-6202

Middlesex Hospital
Blue Hospital SignMarlborough Medical Center
Emergency Service
24 hours a day - 7 days a week
(860) 358-3200
12 Jones Hollow Rd
Marlborough, CT 06447
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