City of New Haven
The City of New Haven has enacted a Stormwater Ordinance in order to establish minimum stormwater management requirements and controls to protect and safeguard the general health, safety, and welfare of the public residing in watersheds within this jurisdiction. The City of New Haven is the permitting authority for all land disturbing activities and requires the land owner to maintain all on-site stormwater control facilities and all open space areas (e.g. parks or “green” areas) required by the approved stormwater control plan. The City of New Haven will only provide construction permits to projects that establish a plan to manage stormwater runoff occurring during the construction process. The City of New Haven, under the NPDES program, also has the authority to inspect properties for noncompliance and can issue a notice of violation (NOV) for any deficiency or infraction onsite. Property owners are responsible for the maintenance of any stormwater facilities or practices located on the property. The City of New Haven has the authority to inspect stormwater facilities and practices in order to ascertain that they are properly maintained and functioning.
The City of New Haven has a CSO (Combined Storm/Sewer Overflow) system which it operates and maintains. In an effort to reduce overflows into the Long Island Sound, the Greater New Haven Water Pollution Control Authority is responsible for implementing a Combined Sewer Overflow Long-Term Control Plan (CSO-LTCP) in an effort to eliminate overflows to the Long Island Sound. The CSO-LTCP includes the continued separation of the storm and sanitary sewers in the City as well as a capture and treat program to minimize overflows.
The City of New Haven does not have a stormwater management ordinance at this point in time; however, New Haven was an elected municipality to participate in Public Act No. 07-154. This legislative act provided grant funding for the conduct of a stormwater authority pilot program including the legal authority to establish such a Stormwater Authority. Many recommendations emerged as a result of this study, including implementing post-construction stormwater management requirements and a stormwater utility structure.
Most of the current stormwater management activities are administered by various departments within the City with prime participants being the City’s Departments of Engineering and Public Works. These activities include planning and construction of capital improvements, regulatory compliance and managing maintenance operations for storm sewers, catch basins, pipes, culverts, and drainage channels.
(4) Construction Site Stormwater Runoff Control
This minimum control measure outlines procedures for minimizing polluted stormwater runoff from activities that disturb one or more acres of land. In the City of New Haven, this is determined on a site by site basis.
4.1 Implement, upgrade and enforce land use regulations to meet requirements of MS4 general permit
The City of New Haven enacted Soil Erosion and Sediment Control regulations (SESC) in June 1993 in accordance with the provisions of Public Act 83‐388 entitled “An Act Concerning Soil and Erosion and Sediment Control” and Sections 8‐2 and 8‐25 of the Connecticut General Statutes. These regulations are in Section 58 of the Zoning Ordinance. A copy of these regulations is available at the following website (https://www.municode.com/library/ct/new_haven/codes/zoning?nodeId=ZOOR_ARTVIOTDI_S58SOERSECO) The City of New Haven will confirm and revise its land use regulations, as necessary, to establish the legal authority to control stormwater runoff from construction sites by requiring:
a. developers, construction site operators, or contractors maintain consistency with the 2002 Guidelines for Soil Erosion and Sedimentation Control, as amended, the Connecticut Stormwater Quality Manual, and all stormwater discharge permits issued by the DEEP within the municipal or institutional boundary pursuant to CGS 22a‐430 and 22a‐430b;
b. the implementation of additional measures to protect/improve water quality (in addition to the above requirements) as deemed necessary by the City of New Haven;
c. the City is authorized to carry out all inspection, surveillance and monitoring procedures necessary to determine compliance with municipal regulations, ordinances or programs or institutional requirements related to the management of the City’s MS4. Inspections shall be conducted, where allowed, to inventory the number of privately‐owned retention ponds, detention ponds and other stormwater basins that discharge to or receive drainage from the permittee’s MS4;
d. the owner of a site seeking development approval from the City shall provide and comply with a long term maintenance plan and schedule to ensure the performance and pollutant removal efficiency of privately‐owned retention ponds, detention ponds and other stormwater basins that discharge to or receive discharge from the City’s MS4 including short‐term and long‐term inspection and maintenance measures to be implemented by the private owner; and
e. the City of New Haven will control, through interagency or inter‐jurisdictional agreements, the contribution of pollutants between the permittee’s MS4 and MS4s owned or operated by others.
4.2 Develop and implement plan for interdepartmental coordination of site plan review and approval
The City of New Haven has a formal site plan review that occurs approximately every 2 or 3 weeks to review proposed site development plans. Site Plan Review is attended by members of multiple city departments including City Plan Department, Engineering Department, Building Department, Parks Department, and Transportation, Traffic, and Parking Department. All site plans are reviewed by the site plan review committee prior to their approval to go in front of the City Plan Commission.
4.3 Review site plans for stormwater quality concerns
The City of New Haven conducts site plan reviews that incorporate consideration of stormwater controls or management practices to prevent or minimize impacts to water quality on sites with soil disturbance of one half acre or more. The City of New Haven will also conduct site inspections to assess the adequacy of the installation, maintenance, operation, and repair of construction and post construction control measures and take enforcement action when necessary.
4.4 Conduct site inspections
The City of New Haven will perform construction site inspections and take enforcement actions if necessary to ensure the adequacy of the installation, maintenance, operation, and repair of all construction and post‐ construction runoff control measures.
4.5 Implement procedure to allow public comment on site development
New Haven’s procedure for public involvement in proposed and ongoing development and land disturbance activities is as follows:
The City Plan Commission may determine that public hearing is necessary for any SESC Plan. The Commission has discretions for determining when to require a public hearing; one factor is the receipt of public comments on a SESC Plan. If a public hearing is required, then public notice will be placed in the newspaper in accordance with SESC regulations. The applicant is also required to give written notice to adjacent land owners within 200 feet. All applications, maps, and documents related to the public hearing shall be open for public inspection at the City Plan Department at least 15 days prior to the public hearing.