Any person wishing to undertake a regulated activity shall apply for a permit on the form entitled "Town of Orange, Connecticut, Inland Wetlands and Water Courses Commission - Application for Permit." An application shall include an application form and such information as prescribed by § 381-23 and, in the case of a significant activity, by § 381-24 of these regulations. Application forms may be obtained in the offices of the Town Clerk or the Commission.
All applications shall contain such information
as is necessary for a fair and informed determination of the issues.
The Commission and the applicant may hold a
pre-application meeting to determine whether or not the proposed application
involves a significant activity. Whenever possible the determination
relative to significant activities should be made at the pre-application
meeting.
All applications shall include the following
information in writing:
A.
The applicant's name, home and business address and
telephone numbers;
B.
The owner's name, address, telephone number and written
consent if the applicant is not the owner of the property involved
in the application;
C.
The applicant's interest in the land;
D.
The geographical location of the property which is
to be affected by the proposed activity, including but not limited
to description of the land in sufficient detail to allow identification
of the inland wetlands and water courses, a computation of the area(s)
(in acres or square feet) of wetland or water course disturbance,
soil type(s) and vegetation;
E.
The purpose and description of the proposed activity
and other management practices and mitigation measures which may be
considered as a condition of issuing a permit for the proposed regulated
activity including, but not limited to, measures to prevent or minimize
pollution or other environmental damage; maintain or enhance existing
environmental quality; or, in the following order of priority, restore,
enhance and create productive wetland or water course resources;
F.
Alternatives considered by the applicant and why the
proposal to alter wetlands and/or water courses set forth in the application
was chosen;
G.
A site plan showing existing and proposed conditions
in relation to the wetlands and water courses, including a location
map showing the property involved relative to its surrounding neighborhood;
and identifying any further activities associated with, or reasonably
related to, the proposed regulated activity which are made inevitable
by the proposed regulated activity and which may have an impact on
wetlands or water courses:
H.
Names and addresses of adjacent property owners;
I.
Certification that the applicant is familiar with
all the information provided in the application and is aware of the
penalties for obtaining a permit through deception or through inaccurate
or misleading information;
J.
Authorization for the Commission members and agents
of the Commission to inspect the property, at reasonable times, both
before and after a final decision has been issued;
K.
Any other information the Commission deems necessary
to the understanding of what the applicant is proposing;
If the proposed activity involves a significant activity as determined by the Commission and defined in § 381-6 of these regulations, additional information, based on the nature and anticipated effects of the activity, including but not limited to the following, is required:
A.
Site plans for the proposed use or operation and the
property which will be affected, which show existing and proposed
conditions, wetland and water course boundaries, land contours, boundaries
of land ownership, proposed alterations and uses of wetlands and water
courses, and other pertinent features of the development drawn by
a licensed surveyor, professional engineer or landscape architect
registered in the State of Connecticut or by such other qualified
person.
B.
Engineering reports and analyses, including graphical
hydrographs and additional drawings to fully describe the proposed
project and any filling, excavation, drainage, or hydraulic modifications
to wetlands and/or watercourses. Such analyses shall include present
and future runoff rates for the one- through one-hundred-year storm
events.
[Amended 2-13-2007]
C.
Mapping of soil types consistent with the categories
established by the National Cooperative Soil Survey of the U.S. Soil
Conservation Service. The Commission, or its designated agent, may
require the applicant to have the wetlands delineated in the field
by a soil scientist and that the field delineation be incorporated
onto the site plans.
D.
Description of the ecological communities and functions
of the wetlands or water courses involved with the application and
the effects of the proposed regulated activities on these communities
and wetland functions.
E.
Description of how the applicant will change, diminish,
or enhance the ecological communities and functions of the wetlands
or water courses involved in the application, and with each alternative,
a description of why each alternative considered was deemed neither
feasible nor prudent.
F.
Analysis of chemical or physical characteristics of
any fill material.
G.
Measures which mitigate the impact of the proposed
activity. Such measures include but are not limited to plans or actions
which avoid destruction or diminution of wetland or water course functions,
recreational uses and natural habitats which prevent flooding, degradation
of water quality, erosion and sedimentation and obstruction of drainage,
or which otherwise safeguard water resources.
The applicant shall certify whether:
A.
Any portion of the property on which the regulated
activity is proposed is located within 500 feet of the boundary of
an adjoining municipality;
B.
Traffic attributable to the completed project on the
site will use streets within the adjoining municipality to enter or
exit the site;
C.
Sewer or water drainage from the project site will
flow through and impact the sewage or drainage system within the adjoining
municipality; or
D.
Water run-off from the improved site will impact streets
or other municipal or private property within the adjoining municipality.
Twelve copies of all application material shall
be submitted to comprise a complete application, or as is otherwise
directed by the Commission or its designated agent.
Any application to extend the expiration date of a previously issued permit or amend an existing permit shall be filed with the Commission at least 65 days prior to the expiration date for the permit in accordance with §§ 381-33 through 381-37 of these regulations. Any application for amendment, renewal or extension shall be made in accordance with this section, provided:
A.
The application may incorporate by reference the documentation
and record of the original application.
B.
The application shall state the reason why the authorized
activities were not initiated or completed within the time specified
in the permit.
C.
The application shall describe any changes in facts
or circumstances involved with or affecting wetlands or water courses
or the property for which the permit was issued.
D.
The Commission may accept an untimely application
to extend the expiration date of a permit if the authorized activity
is ongoing and allow the continuation of work beyond the expiration
date if, in its judgment, the permit is likely to be expired and the
public interest or environment will be best served by not interrupting
the activity. The application shall describe the extent of work completed
at the time of filing and the schedule for completing the activities
authorized in the permit.
A reporting form shall be completed during the
application process which provides the Commissioner of the Department
of Environmental Protection with information necessary to properly
monitor the inventory of the state wetlands. The reporting form shall
be part of the application and the following sections shall be completed
by the applicant: name of applicant; name of project; project description;
area of wetlands and/or lineal feet of water course proposed to be
altered. The Commission shall be responsible for the remaining information
and any corrections on the form and for filing it in accordance with
Section 22a-39-14 of the Inland Wetlands and Water Courses Regulations
of the Department of Environmental Protection.
Any application to renew a permit shall be granted
upon request of the permit holder unless the Commission finds that
there has been a substantial change in circumstances which requires
a new permit application or an enforcement action has been undertaken
with regard to the regulated activity for which the permit was issued,
provided no permit may be valid for more than 10 years.
