The Inland Wetlands and Watercourses Regulations of the Town
are included herein as adopted by the New Milford Inland Wetlands
Commission on October 13, 1988, and as amended April 13, 1989; December
28, 1989; and August 9, 1990; January 14, 1993; March 28. 1996; February
3, 2000; and March 6, 2010. Subsequent amendments are noted where
applicable. The original arrangement, section titles, numbering, etc.,
have been retained.
1.1
The inland wetlands and watercourses of the state are an indispensable
and irreplaceable but fragile natural resource with which the citizens
of Connecticut have been endowed. The wetlands and watercourses are
an interrelated network essential to an adequate supply of surface
and underground water; to hydrological stability and control of flooding
and erosion; to the recharging and purification of groundwater; and
to the existence of many forms of animal, aquatic and plant life.
Many inland wetlands and watercourses have been destroyed or
are in danger of destruction because of unregulated use by reason
of the deposition, filling or removal of material, the diversion or
obstruction of water flow, the erection of structures and other uses,
all of which have despoiled, polluted and eliminated wetlands and
watercourses.
Such unregulated activity has had, and will continue to have,
a significant, adverse impact on the environment and ecology of the
state of Connecticut and has and will continue to imperil the quality
of the environment thus adversely affecting the ecological, scenic,
historic and recreational values and benefits of the state for its
citizens now and forever more. The preservation and protection of
the wetlands and watercourses from random, unnecessary, undesirable
and unregulated uses, disturbance or destruction is in the public
interest and is essential to the health, welfare and safety of the
citizens of the state.
It is, therefore, the purpose of these regulations to protect
the citizens of the state by making provisions for the protection,
preservation, maintenance and use of the inland wetlands and watercourses
by minimizing their disturbance and pollution; maintaining and improving
water quality in accordance with the highest standards set by federal,
state or local authority; preventing damage from erosion, turbidity
or siltation; preventing loss of fish and other beneficial aquatic
organisms, wildlife and vegetation and the destruction of the natural
habitats thereof; deterring and inhibiting the danger of flood and
pollution; protecting the quality of wetlands and watercourses for
their conservation, economic, aesthetic, recreational and other public
and private uses and values; and protecting the state's potable fresh
water supplies from the dangers of drought, overdraft, pollution,
misuse and mismanagement by providing an orderly process to balance
the need for the economic growth of the state and the use of its land
with the need to protect its environment and ecology in order to forever
guarantee to the people of the state the safety of such natural resources
for their benefit and enjoyment and for the benefit and enjoyment
of generations yet unborn.
1.2
These regulations shall be known as the "Inland Wetlands and Watercourses
Regulations of the Town of New Milford."
1.3
The Inland Wetlands Commission of the Town of New Milford was established
in accordance with an ordinance adopted March 17, 1988, and shall
implement the purposes and provisions of the Inland Wetlands and Watercourses
Act in the Town of New Milford.
1.4
These regulations have been adopted and may be amended, from time
to time, in accordance with the provisions of the Inland Wetlands
and Watercourses Act and these regulations.
1.5
The Commission shall enforce all provisions of the Inland Wetlands
and Watercourses Act[1] and shall issue, issue with terms, conditions, limitations
or modifications or deny permits for all regulated activities on or
requiring the use of inland wetlands and watercourses in the Town
of New Milford, pursuant to Sections 22a-36 to 22a-45, inclusive,
of the Connecticut General Statutes, as amended.
[1]
Editor's Note: See C.G.S §§ 22a-36 through
22a-45.
As used in these regulations:
2.1
Act means the Inland Wetlands and Watercourses Act, §§ 22a-36
through 22a-45 of the General Statutes, as amended.
2.2
Bogs are usually areas distinguished by evergreen trees and shrubs
underlain by peat deposits, poor or very poor drainage, and highly
acidic conditions.
2.3
Buffer means a vegetated area inclusive of trees, shrubs and herbaceous
vegetation that exists or is established to protect a wetland or watercourse.
2.4
Clear-cutting means the harvest of timber in a fashion which substantially
removes the existing trees that are two inches or greater in diameter
at breast height.
2.5
Commission means the Inland Wetlands Commission of the Town of New
Milford.
2.6
Commission member means a member of the Inland Wetlands Commission
of the Town of New Milford.
2.7
Commissioner of Environmental Protection means the Commissioner of
the State of Connecticut Department of Environmental Protection.
2.8
Continual flow means a flow of water which persists for an extended
period of time; this flow may be interrupted during periods of drought
or during the low-flow period of the annual hydrological cycle, June
through September, but it recurs in prolonged succession.
2.9
Deposit includes, but shall not be limited to fill, grade, dump,
place, discharge or emit.
2.10
Duly Authorized Agent means an individual designated by the Commission who has been empowered to act upon an application meeting the criteria outlined in Section 11 of these regulations.
2.11
Discharge means emission of any water, substance, or material into
wetlands or watercourses whether or not such substance causes pollution.
2.12
Disturbing the natural and indigenous character of the wetlands,
watercourses and upland review area means altering the inland wetlands,
watercourses or upland review area by reason of removal or deposition
of material, clearing the land, alteration or obstruction of water
flow, alteration of the vegetative habitat by selective clearing,
or pollution.
2.13
Essential to the farming operation means that the activity proposed
is necessary and indispensable to sustain farming activities on the
farm.
2.14
Farming means use of land for the growing of crops, raising of livestock
or other agricultural use.
2.15
Feasible means able to be constructed or implemented consistent with
sound engineering principles.
2.16
Floodplain means the area bordering a watercourse or wetland subject
to flooding. The 100-year floodplain and special flood hazard areas
have been determined for certain watercourses in the Flood Insurance
Study, Town of New Milford, Connecticut, prepared by the Federal Emergency
Management Agency (FEMA) and are shown on the official flood insurance
rate maps (FIRM) and flood hazard boundary maps of the Town as amended.
2.17
Landscaping means the modification of the land surface by altering
the plant cover. Landscaping does not include construction, clearing,
grubbing or grading upon the land within regulated area and/or upland
review area.
2.18
License means the whole or any part of any permit, certificate of
approval or similar form of permission which may be required of any
person by the provisions of these regulations under the authority
of the Inland Wetlands Commission.
2.19
Management Practice means a practice or procedure, activity, structure
or facility that may affect pollution or other environmental quality.
Best management practices are specifically designed to prevent or
minimize pollution or other environmental damage or to maintain or
enhance existing environmental quality. Such best management practices
include, but are not limited to: erosion and sedimentation controls;
restrictions on land uses or development; construction setbacks from
wetlands or watercourses; proper disposal of waste materials; procedures
for equipment maintenance to prevent fuel spillage; construction methods
to prevent flooding or disturbance of wetlands and watercourses; procedures
for maintaining continuous stream flows; confining construction that
must take place in watercourses to times when water flows are low
and fish and wildlife will not be adversely affected.
2.20
Marshes are areas with soils that exhibit aquic moisture regimes
that are distinguished by the absence of trees and shrubs and are
dominated by soft-stemmed herbaceous plants. The water table within
marshes may be at or above the ground surface throughout the year
and areas of open water, six inches or more in depth, are common,
but seasonal water table fluctuations are encountered.
2.21
Material means any substance, solid or liquid, organic or inorganic,
including but not limited to: soil, sediment, aggregate, land, gravel,
clay, bog, peat, mud, debris, sand, refuse or waste.
2.22
Nurseries means land used for propagating trees, shrubs or other
plants for transplanting, sale, or for use as stock for grafting.
2.23
Permit means the whole or any part of any license, certificate or
approval or similar form of permission which may be required of any
person by the provisions of these regulations and the Act or other
municipal, state and federal law.
2.24
Permittee means the person to whom such permit has been issued.
2.25
Person means any person, firm, partnership, association, corporation,
company, organization or legal entity of any kind, including municipal
corporations, governmental agencies or subdivisions thereof.
2.26
Planning Commission means the Planning Commission of the Town of
New Milford.
2.27
Pollution means harmful thermal effect or the contamination or rendering
unclean or impure of any waters of the state by reason of any waste
or other materials discharged or deposited therein by any public or
private sewer or otherwise so as directly or indirectly to come in
contact with any waters. This includes, but is not limited to, erosion
and sedimentation resulting from any filling, land clearing or excavation
activity.
2.28
Prudent means economically and otherwise reasonable in light of the
social benefits to be derived from the proposed regulated activity
provided cost may be considered in deciding what is prudent, and further
provided a mere showing of expense will not necessarily mean an alternative
is imprudent.
2.29
Regulated Activity means any operation within or use of a wetland, watercourse or upland review area involving removal or deposition of material, or any obstruction, construction, alteration or pollution of such wetlands, watercourses or upland review area or any operation or use of land that may disturb the natural and indigenous character of a wetland, watercourse or upland review area but shall not include the specified activities in Section 4 of these regulations. Furthermore, the Commission may rule that activities located within any nonwetland or nonwatercourse areas are likely to impact or affect wetlands or watercourses and as such constitute a regulated activity.
2.30
Regulated Area means any wetlands or watercourses as defined in these
regulations. (Prior to March 6, 2010, "regulated area" was defined
in the Inland Wetlands Regulations of the Town of New Milford as any
wetlands, watercourses or the adjacent upland area as follows: within
200 feet of the ordinary high waterline of Candlewood Lake, the east
or west branch of the Aspetuck River, the Still River, the Housatonic
River or watercourses within the West Aspetuck River watershed, within
100 feet of the ordinary high waterline of any other watercourse,
or within 100 feet of any wetlands, whichever is greater. For further
clarification, see "Upland Review area")
2.31
Remove includes, but shall not be limited to, drain, excavate, mine,
dig, dredge, suck, grub, clear cut timber, bulldoze, dragline or blast.
2.32
Rendering unclean or impure means any alteration of the physical,
chemical or biological properties of any waters of the state, including,
but not limited to, change in odor, color, turbidity or taste.
2.33
Significant activity means any activity, including, but not limited
to, the following activities which may have a major effect or significant
impact on the inland wetlands and watercourses:
A.
Any activity involving a deposition or removal of material which
will or may have a major adverse effect or significant impact on the
wetland or watercourse system; or
B.
Any activity which may substantially change the natural channel or
may inhibit the natural dynamics of a watercourse system including
potential effects to regulated areas from alterations of the natural
drainage patterns in upland areas; or
C.
Any activity which may substantially diminish the natural capacity
of an inland wetlands or watercourse to support desirable fisheries,
wildlife, or other biological life, prevent flooding, supply water,
assimilate waste, facilitate drainage, provide recreation or open
space, or perform other functions; or
D.
Any activity which is likely to cause or has the potential to cause
substantial turbidity, siltation or sedimentation in a wetlands or
watercourse; or
E.
Any activity which may cause a substantial diminution of flow of
a natural watercourse, or groundwater levels of the regulated area;
or
F.
Any activity which causes or has potential to cause pollution of
a wetlands or watercourse; or
G.
Any activity which damages or destroys unique wetland or watercourse
areas or such areas having demonstrable scientific or educational
value.
2.34
Soil Scientist means an individual duly qualified in accordance with
standards set by the Federal Office of Personnel Management.
2.35
Swamp is an area with soils that exhibit aquic moisture regimes and
are dominated by a vegetation association recognized as wetlands species
by their National Region 1 Indicator Status.
2.36
Submerged lands means those lands which are inundated by water on
a seasonal or more frequent basis.
2.37
Town means the Town of New Milford, Litchfield County, in the State
of Connecticut.
2.38
Upland Review Area means any portion of land within 200 feet of the
ordinary high waterline of Candlewood Lake, the east or west branch
of the Aspetuck River, the Still River, the Housatonic River or watercourses
within the West Aspetuck River watershed, within 100 feet of the ordinary
high waterline of any other watercourse, or within 100 feet of any
wetlands, whichever is greater.
2.39
Vernal means appearing or occurring in the spring.
2.40
Waste means sewage or any substance, liquid, gaseous, solid or radioactive,
which may pollute or tend to pollute any of the wetlands or watercourses
of the Town.
2.41
Watercourse means rivers, streams, brooks, waterways, lakes, ponds,
marshes, swamps, bogs, and all other bodies of water, natural or artificial,
vernal or intermittent, public or private, which are contained within,
flow through or border upon the Town or any portion thereof not regulated
pursuant to Sections 22a-28 through 22a-35 of the General Statutes,
as amended. Intermittent watercourses shall be delineated by a defined
permanent channel and bank and the occurrence of two or more of the
following characteristics:
2.42
Watershed means the total wetland and upland area that drains to
a wetland or watercourse. Smaller watersheds drain into the overall
watershed of larger watercourses.
2.43
Wetlands means land, including submerged land as defined in this
section not regulated pursuant to Sections 22a-28 through 22a-35,
inclusive, of the Connecticut General Statutes, which consists of
any of the soil types designated as poorly drained, very poorly drained,
alluvial and floodplain by the National Cooperative Soils Survey,
as it may be amended from time to time, of the Natural Resource Conservation
Service of the U.S. Department of Agriculture (USDA). Such areas may
include filled, graded, or excavated sites which possess an aquic
(saturated) soil moisture regime as defined by the USDA Cooperative
Soil Survey.
2.44
Wetlands Enforcement Officer means an individual designated by the
Commission to administer the application, permitting and enforcement
process for the Commission, to advise the Commission on technical
matters and otherwise carry out functions and purposes of the Commission.
2.45
Zoning Board of Appeals means the Zoning Board of Appeals of the
Town of New Milford.
2.46
Zoning Commission means the Zoning Commission of the Town of New
Milford.
3.1
The map entitled "Inland Wetlands and Watercourses Map, New Milford,
Connecticut" delineates the general location and boundaries of inland
wetlands and the general location of watercourses. A copy of this
map is available for inspection in the office of the Town Clerk or
the Inland Wetlands Commission. In all cases, the precise location
of regulated areas shall be determined by the actual character of
the land, the distribution of wetland soil types, and locations of
watercourses. The Commission may use aerial photography, remote sensing
imagery, resource mapping, soils maps, site inspection observations
or other information in determining the location of the boundaries
of wetlands and watercourses.
3.2
Any person may petition the Commission to change the Inventory of Wetlands and Watercourses map designation for any property. All petitions for a map change shall be submitted in writing and shall include all relevant facts and circumstances which support the change. The petitioner shall bear the burden of proof regarding the proposed map amendment. Such proof may include, but not be limited to aerial photography, remote sensing imagery, resource mapping or other available information. The Commission may require such person to provide an accurate delineation of regulated areas in accordance with Section 15 of these regulations.
3.3
The Inland Wetlands Commission, the wetlands enforcement officer
or its duly authorized agent(s) shall maintain a current inventory
of all regulated areas within the town. The Commission may amend its
map from time to time as more accurate information becomes available.
4.1
Any person proposing to carry out a permitted or nonregulated operation or use as listed in Sections 4.2 and 4.3 of these regulations, shall, prior to commencement of such operation or use, notify the Commission on the form attached to these regulations as Schedule B (see Appendix A),[1] and provide the Commission with sufficient information
to enable it to properly determine whether the proposed operation
and use is a permitted or nonregulated use of the wetlands or watercourse.
The Commission shall rule that the proposed operation or use is a
permitted or a nonregulated use or operation or that a permit is required.
[1]
Editor's Note: Schedule B is on file in the Town offices.
4.2
The following operations and uses shall be permitted in regulated
areas, as of right:
A.
Grazing, farming, nurseries, gardening and harvesting of crops and
farm ponds of three acres or less essential to the farming operation
and activities conducted by or under the authority of the Department
of Environmental Protection for the purposes of wetland or watercourse
restoration or enhancement or mosquito control. The provisions of
this section shall not be construed to include road construction or
the erection of buildings not directly related to the farming operation,
relocation of watercourses with continual flow, filling or reclamation
of wetlands or watercourses with continual flow, clear-cutting of
timber except for the expansion of agricultural crop land, the mining
of top soil, peat, sand, gravel or similar material from wetlands
or watercourses for the purposes of sale.
B.
A residential home: (1) for which a building permit has been issued,
or (2) on a subdivision lot, provided the permit has been issued or
the subdivision has been approved by the Planning Commission as of
July 1, 1974, and further provided no residential home shall be permitted
as of right pursuant to this subsection unless the building permit
was obtained on or before July 1, 1987. The individual claiming a
use of wetlands permitted as of right under this subsection shall
document the validity of said right by notifying the Commission on
the form attached to these Regulations as Schedule B[2] and made a part hereof, and by providing the Commission
with the information required by such form, including a certified
copy of the building permit and a site plan showing proposed and existing
topographic contours, house and well locations, septic system, driveway,
approval dates and any other necessary information to document his
or her entitlement.
[2]
Editor's Note: Schedule B is on file in the Town offices.
C.
Boat anchorage or mooring, not to include dredging or dock construction.
D.
Uses incidental to the enjoyment or maintenance of residential property,
such property defined as containing a residence and equal to or smaller
than the largest minimum residential lot site permitted anywhere in
New Milford. Such incidental uses shall include maintenance of existing
structures and landscaping, but shall not include removal or deposition
of significant amounts of material from or onto a wetlands or watercourse,
or diversion or alteration of a watercourse.
E.
Construction and operation, by water companies as defined by Section 16-1 of the General Statutes or by municipal water supply systems as provided for in Chapter 102 of the Connecticut General Statutes,[3] of dams, reservoirs and other facilities necessary to
the impounding, storage and withdrawal of water in connection with
public water supplies except as provided in Sections 22a-401 and 22a-403
of the General Statutes.
[3]
Editor's Note: See C.G.S. § 7234 through 7-244a.
F.
Maintenance relating to any drainage pipe which existed before July
1, 1974, provided such pipe is on property which is zoned residential
but which does not contain hydrophytic vegetation. For purposes of
this section "maintenance" means the removal of accumulated leaves,
soil, and other debris, whether by hand or machine, while the pipe
remains in place.
4.3
The following operations and uses shall be permitted, as nonregulated
uses in regulated areas, provided they do not disturb the natural
and indigenous character of the wetlands or watercourses by removal
or deposition of material, alteration or obstruction of water flow
or pollution of the wetlands or watercourses:
A.
Conservation of soil, vegetation, water, fish, shellfish, and wildlife.
Such operation or use may include, but is not limited to, minor work
to control erosion, or to encourage proper fish, wildlife and silviculture
management practices.
B.
Outdoor recreation including the use of play and sporting areas,
golf courses, field trails, nature study, hiking, horseback riding,
swimming, skin and scuba diving, camping, boating, water skiing, trapping,
hunting, fishing and shell fishing and cross-country skiing where
otherwise legally permitted and regulated.
4.4
All activities in wetlands or watercourses involving filling, excavating, dredging, clear-cutting, clearing, or grading or any other alteration or use of a wetland or watercourse not specifically permitted by this section and otherwise defined as a regulated activity by these regulations shall require a permit from the Commission in accordance with Section 6 or Section 11 of these regulations.
5.1
In addition to any permit or approval required by the Commission,
the Commissioner of Environmental Protection shall regulate activities
in or affecting wetlands or watercourses subject to the following
jurisdiction:
A.
Construction or placement of any obstruction within stream channel
encroachment lines pursuant to Sections 22a-342 through 22a-349 of
the General Statutes, as amended.
B.
Diversion of water, including withdrawals of surface or groundwater
in excess of 50,000 gallons per day or any piping, culverting, channelization,
relocation, damming or other alteration of the location of flow of
any surface waters of the state where the tributary watershed area
above the point of diversion is 100 acres or larger pursuant to Sections
22a-365 through 22a-378a of the General Statutes, as amended.
C.
Discharges into the waters of the state pursuant to Section 22a-430
of the General Statutes, as amended.
5.2
The Commissioner of Environmental Protection shall have exclusive
jurisdiction over regulated activities in or affecting wetlands or
watercourses, undertaken by any department, agency or instrumentality
of the State of Connecticut, except any local or regional board of
education pursuant to Sections 22a-39 or 22a-45a of the Connecticut
General Statutes, as amended.
5.3
The Commissioner of Environmental Protection shall have exclusive
jurisdiction over tidal wetlands designated and regulated pursuant
to Sections 22a-28 through 22a-35 of the General Statutes, as amended.
5.4
The Commissioner of Environmental Protection shall have exclusive
jurisdiction over activities authorized under a dam repair or removal
order issued by the Commissioner of Environmental Protection under
Section 22a-402 or a dam construction permit issued by the Commissioner
of Environmental Protection under Sections 22a-403 of the Connecticut
General statutes. Any person receiving such dam repair or removal
order or dam construction permit shall not be required to obtain a
permit from a municipal wetlands agency for any action necessary to
comply with said dam order or to carry out the activities authorized
by said dam permit.
5.5
The Commissioner of Environmental Protection shall have exclusive
jurisdiction over the Discharge of fill or dredged materials into
the wetlands and watercourses of the state pursuant to Section 401
of the Federal Clean Water Act, as amended, for activities regulated
by the U.S. Army Corps of Engineers under Section 404 of the Federal
Clean Water Act.[1]
[1]
Editor's Note: See 33 U.S.C. § 1251 et seq.
6.1
Subject to the provisions of Section 4 hereof, regulated activities are prohibited except as they may be permitted by the Commission.
6.2
Any person found to be conducting or maintaining a regulated activity without the prior authorization of the Town of New Milford Inland Wetlands Commission, or violating any other provision of these regulations, shall be subject to the enforcement proceedings and penalties prescribed in Section 14 of these regulations and any other remedies as provided by law.
7.1
Any person intending to conduct a regulated activity or any activity
which may involve a regulated activity, operation or use shall prior
to the commencement of any such activity, operation or use apply for
a permit on a form provided by the Commission. The application shall
include the information described in this section and any other information
the Commission may reasonably require. Application forms may be obtained
in the office of the New Milford Inland Wetlands Commission.
7.2
If an application to the Town of New Milford Planning or Zoning Commission
involves land containing a wetland, watercourse or upland review area
the applicant shall, in accordance with Section 8-3(g), 8-3(c), or
8-26, as applicable, of the Connecticut General Statutes, submit an
application for a permit to the Town of New Milford Inland Wetlands
and Watercourse Commission in accordance with this section, no later
than the day the application is filed with such planning or zoning
commission.
7.3
All applications, petitions, requests or appeals shall be filed with
the Inland Wetlands Commission of the Town of New Milford.
7.4
The date of receipt of any application, petition, request or appeal
shall be the day of the next regularly scheduled meeting of the Commission
immediately following the date of submission to the Commission or
its agent of such application, petition, request or appeal, or 35
days after such submission, whichever is sooner.
7.5
The application shall contain such information as is necessary for
a fair and informed determination thereon by the Commission.
7.6
All information submitted in the application shall be considered
factual and binding. A failure of the applicant or any of his, her
or its agents to provide correct information, or performance exceeding
the scope of the work as set forth in the application, shall be sufficient
grounds for denial of the application or in the case where a permit
has been issued, the revocation of any permit under these regulations
and/or for penalties to be imposed.
7.7
At a minimum all applications shall include the following information
in writing or on maps or drawings:
A.
The original and 11 copies (total of 12) of an application form provided
by the Commission which includes the following information (See Schedule
A Application Form -Appendix A):[1]
1.
Name of the project and street address of the project site;
2.
The applicant's name, home and business address and telephone numbers;
3.
The owner's name, address and telephone number and written consent
if the applicant is not the owner of the land upon which the subject
activity is proposed;
4.
Applicant's interest in the land;
5.
The geographical location of the property which is the subject of
the proposed activity, including but not limited to a description
of the land in sufficient detail to allow identification of the inland
wetlands and watercourses, a computation of the area(s) (in acres
or square feet) of wetlands or watercourse disturbance, and a description
of soil type(s) and vegetation;
6.
The purpose and a description of the proposed activity and proposed
erosion and sedimentation controls; management practices; and avoidance,
minimization and mitigation measures, in that order, which may be
considered as a condition of issuing a permit for the proposed regulated
activity. This may include measures that (1) prevent or minimize pollution
or other environmental damage, (2) maintain or enhance existing environmental
quality, or (3) in the following order of priority: restore, enhance
and create productive wetland or watercourse resources and buffer
areas;
7.
Alternatives considered by the applicant and why the proposal to
impact regulated and upland review areas set forth in the application
was chosen; all such alternatives shall be diagramed on a site plan
or drawing;
8.
Names, addresses and mailing addresses, if different, of owners of
properties adjacent to the project site;
9.
List of the titles of the site plans submitted as part of the application;
10.
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 inaccurate or misleading information;
11.
Authorization for the Commissioners and agents of the Commission
to inspect the property, except for a private residence, at reasonable
times: both before and after a final decision has been issued; while
the regulated activities are being conducted; and at any time thereafter
up to and including the period of time in which the applicant's bond
or surety is in effect in order to ensure that the activities are
being conducted within the parameters of the permit;
12.
Whether the proposed regulated activity will require subdivision
or re-subdivision approval, a zoning permit, special permit or exemption,
or a variance, from the Zoning Commission, Planning Commission or
Zoning Board of Appeals, as the case may be;
13.
Whether any of the following circumstances applies:
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.
Any portion of the traffic to the completed project on the site will
use streets within the adjoining municipality to enter or exit the
site.
c.
Any portion of the sewer or water drainage from the project site
will flow through and impact the sewage or drainage system within
the adjoining municipality.
d.
Water run-off from the improved site will impact streets or other
municipal or private property within the adjoining municipality.
[1]
Editor's Note: Schedule A is on file in the Town offices.
B.
If the applicant is not the owner of the property upon which the
regulated activity is occurring then a letter of consent, with an
original signature, authorizing the applicant to act as the owner's
agent, is required.
C.
A completed "Statewide Inland Wetlands & Watercourse Activity
Reporting Form" with a USGS map section indicating the location of
the property.
E.
Twelve copies of a site plan or drawing, as described in the Commissions
checklist, showing the existing conditions and proposed activities
and identifying any further activities associated with, or reasonably
related to, the proposed regulated activity which are made inevitable
by the proposed regulated activity (See Appendix C).[3] Information specified on the checklist shall be furnished
to the Commission upon submission of an application unless waived
by the Wetlands Enforcement Officer on the marked and signed checklist.
Further information may be required by the Commission during the review
process.
[3]
Editor's Note: Appendix C is on file in the Town offices.
F.
Certification by the applicant that numbered wetland flags, as delineated
by a soils scientist, and field stakes, as specified on the Commission
Checklist (See Appendix C) are in place, unless such requirements
are waived by the Wetlands Enforcement Officer on the marked and signed
checklist.
G.
Any other information the Commission deems necessary to the understanding
of what the applicant is proposing.
7.8
At any time prior to issuance of a decision on an application for
a permit or in the case of an application on which a public hearing
is conducted, at any time prior to the close of the public hearing,
the Commission may require the applicant to provide additional information
about the regulated area or regulated activity which is the subject
of the application, or wetlands, watercourses or upland review area
that may be affected by the regulated activity.
7.9
The Commission may issue a permit without a public hearing provided that the Commission finds that the proposed activity is a regulated activity, but not a significant activity, or a petition of 25 persons who are 18 years of age or older and who reside in the municipality in which the regulated activity is proposed, has not been filed with the Commission on or before the 14th day after the receipt of the application. The Commission may allow the activity with or without conditions. In order to grant a permit at this stage, the Commission, after full review of the considerations set forth in Section 9 and other pertinent factors, shall state upon the record reasons for granting the permit with or without conditions.
7.10
If the proposed activity is determined to be a significant activity
by the Commission, additional information, based on the nature and
anticipated effects of the activity, including but not limited to
those items listed in this section, is required. The Commission may
waive any or all of the requirements listed in this section. The applicant
shall provide 12 copies of the additional information required.
A.
Site plans for the proposed activity and the land which will be affected
thereby which show existing and proposed conditions, wetlands and
watercourse boundaries, upland review areas, proposed and existing
contours at two-foot intervals, boundaries of land ownership, proposed
alterations and uses of wetlands, watercourses and upland review areas,
and other pertinent features of the land and the proposed activity,
prepared by a professional engineer, land surveyor, architect or landscape
architect licensed by the state, or by such other qualified person.
The map shall be provided at a scale (generally one inch equals 40
feet) and in such detail that the Commission can readily interpret
the proposed project and its potential impacts to wetlands, watercourses
and upland review areas.
B.
Engineering reports, analyses and additional drawings that fully
describe the proposed activity including any filling, excavation,
drainage or hydraulic modifications to existing drainage patterns,
wetlands and watercourses and the proposed erosion and sedimentation
control plan.
C.
Delineation of soils by a soil scientist showing the soil types classified
as poorly drained, very poorly drained, alluvial, or flood plain according
to the National Cooperative Soils Survey. Such documentation shall
include a map of the land in question signed by a soil scientist on
which the flag locations defining the boundaries of the regulated
soil types are depicted.
D.
A description of any materials to be deposited on the affected property
in terms of volume, chemical or physical characteristics, composition,
and the possibility of erosion or leaching from deposited materials.
E.
A description of the proposed project including proposed construction,
the erection of structures, filling, excavation, drainage or hydraulic
modifications to wetlands and watercourses on the affected property
including blueprints or engineering or architectural plan or designs,
to the extent necessary to enable the Commission to determine the
impact of such construction on any regulated area. Such description
should include the purposes of such construction or activity.
F.
List of abutting property owners, property owners that lie opposite the parcel across any street, thoroughfare or easement or other property owners of whom the applicant has notice whose rights or interests will be significantly affected by the proposed activity. The applicant shall supply certification that the property owners are notified as described in Section 8.6 of these regulations.
G.
If the proposed activity upon the applicant's property may affect
a watercourse lying within, partly within, or flowing through or adjacent
to the applicant's property, the applicant shall submit information
relative to the present character and the projected impact of the
proposed activity upon the watercourse including the comparison of
existing and proposed discharges where downstream flooding is a consideration.
H.
Description and plans of the measures which would avoid, minimize
and mitigate, in that order, the impact of the proposed activity.
Such measures include, but are not limited to, management practices,
plans or actions which avoid destruction or diminution of wetlands
or watercourses 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. These measures may also include wetland and watercourse
enhancement, restoration and creation actions that more than replace
lost wetland and watercourse habitat and functions or other legal
measures designed to preserve and protect adjacent wetlands, watercourses
and natural buffer areas.
I.
An impact analysis of how the proposed project, inclusive of all
activities, will change, diminish, or enhance the ecological communities
and functions of the wetlands or watercourses involved in the application,
and a description of why each alternative considered was deemed neither
feasible nor prudent.
J.
A biological evaluation of the affected property that contains any
wetland, watercourse or upland review area. The applicant shall submit
an evaluation of the extent of the presence of plant and animal species
on and adjacent to the property. The applicant shall also submit an
evaluation of the probable effect of the proposed activity upon those
plant species and upon indigenous animal life.
K.
Description of the ecological communities and functions of the wetlands
and/or watercourses involved with the application and the effects
of the proposed regulated activities on these communities and wetland
functions.
7.11
In the case of any application where any portion of the wetlands
or watercourses on which the regulated activity is proposed is located
within 500 feet of the boundary of New Fairfield, Sherman, Kent, Washington,
Bridgewater, Brookfield or Roxbury, the applicant shall give written
notice of the application, certified mail return receipt requested,
to the Wetlands Commission of the adjacent municipality on the same
day of filing an inland wetlands permit application with the New Milford
Inland Wetlands Commission. Proof of such notice shall be provided
by the applicant to the New Milford Inland Wetlands Commission within
10 days of the date of the filing of the application.
7.12
The Commission shall, in accordance with Connecticut General Statutes
Section 8-7d(f), notify the clerk of any adjoining municipality of
the pendency of any application, petition, appeal, request or plan
concerning any project on any site in which:
A.
Any portion of the property upon which the regulated activity is
proposed is located within 500 feet of the boundary of an adjoining
municipality.
B.
A significant portion of the traffic to the completed project on
the site will use streets within the adjoining municipality to enter
or exit the site.
C.
A significant portion of the sewer or water drainage from the project
site will flow through and significantly impact the sewage or drainage
system within the adjoining municipality.
D.
Water run-off from the improved site will impact streets or other
municipal or private property within the adjoining municipality.
Notice of the pendency of such application shall be made by
certified mail, return receipt requested and shall be mailed within
seven days of the date of receipt of the application, petition, appeal,
request or plan.
7.13
When an application is filed to conduct or cause to be conducted
a regulated activity upon a wetland or watercourse, any portion of
which is within the watershed of a water company as defined in Section
25-32a of the General Statutes, the applicant shall provide written
notice of the application to the water company and the Commissioner
of Public Health in a format prescribed by said Commissioner, provided
such water company or said Commissioner has filed a map showing the
boundaries of the watershed on the land records of the municipality
in which the application is made and with the Commission. Such notice
shall be made by certified mail, return receipt requested, and shall
be mailed not later than seven days after the date of application.
The water company and the Commissioner of Public Health, through a
representative, may appear and be heard at any hearing on the application.
Documentation of such notice shall be provided to the Commission.
7.14
For any permit application involving property subject to a conservation
restriction or preservation restriction, the following shall apply:
A.
For purposes of this section, "conservation restriction" means a
limitation, whether or not stated in the form of a restriction, easement,
covenant or condition, in any deed, will or other instrument executed
by or on behalf of the owner of the land described therein, including,
but not limited to, the state or any political subdivision of the
state, or in any order of taking such land whose purpose is to retain
land or water areas predominantly in their natural, scenic or open
condition or in agricultural, farming, forest or open space use.
B.
For purpose of this section, "preservation restriction" means a limitation,
whether or not stated in the form of a restriction, easement, covenant
or condition, in any deed, will or other instrument executed by or
on behalf of the owner of land, including but not limited to, the
state or any political subdivision of the state, or in any order of
taking of such land whose purpose is to preserve historically significant
structures or sites.
C.
No person shall file a permit application, other than for interior
work in an existing building or for exterior work that does not expand
or alter the footprint of an existing building, relating to property
that is subject to a conservation restriction or a preservation restriction
unless the applicant provides proof that the applicant has provided
written notice of such application, by certified mail, return receipt
requested, to the party holding such restriction not later than 60
days prior to the filing of the permit application.
D.
In lieu of such notice pursuant to Subsection 7.14C, the applicant
may submit a letter from the holder of such restriction or from the
holder's authorized agent, verifying that the application is in compliance
with the terms of the restriction.
7.15
Any application to renew, extend or amend an existing permit shall
be filed with the Commission at least 65 days but, in the case of
an extension or renewal, not more than 120 days prior to the expiration
date for the permit. Any application to renew or extend such existing
permit shall contain the following information.
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 watercourses or the property
for which the permit was issued.
D.
The Commission may, prior to the expiration of a permit, 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 judgement, the permit is likely
to be extended and the public interest or environment will be best
served by not interrupting the activity.
E.
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.
7.16
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 a permit was issued provided no
permit shall be valid for more than 10 years.
7.17
All applications shall be open for public inspection at the Commission's
office.
7.18
Incomplete applications may be denied.
8.1
The Commission shall not hold a public hearing on an application
unless the Commission determines that the proposed activity is a significant
activity as defined in these regulations, a petition signed by at
least 25 persons who are 18 years of age or older and who reside in
the municipality in which the regulated activity is proposed, requesting
a hearing is filed with the Commission not later than 14 days after
the date of receipt of such application, or the Commission finds that
a public hearing regarding such application would be in the public
interest. The Commission may issue a permit without a public hearing
provided no petition provided for in this section is filed with the
agency on or before the 14th day after the date of receipt of the
application. Such hearing shall be held no later than 65 days after
receipt of such application. All applications and maps and documents
relating to the hearing shall be open for public inspection. At such
hearing any person may appear and be heard and may be represented
by agent or by attorney.
8.2
Notice of the public hearing shall be published at least twice at
intervals of not less than two days, the first not more than 15 days
and not fewer than 10 days, and the last not less than two days before
the date set for the hearing in a newspaper having a general circulation
in each town where the affected wetlands and watercourse, or any part
thereof, is located.
8.3
In the case of any application which is subject to the notification provisions of Section 7.12 of these regulations, a public hearing shall not be conducted until the clerk of the adjoining municipality(ies) has received notice of the pendency of the application. Proof of such notification shall be entered into the hearing record. Such adjoining municipality(ies) may, through a representative, appear and be heard at any hearing on the application.
8.4
Any public hearing on an application shall be held no later than
65 days after receipt of any application. Where possible, public hearings
shall be completed in a single session. However, the hearing may be
continued (to a date certain) where necessary for the full development
of the evidence, or for the full and adequate participation of the
parties, or for such other substantial purposes, provided that the
public hearing shall be completed within 35 days from the date of
its commencement. Action shall be taken on applications within 35
days of completion of the public hearing. The applicant may consent
to one or more extensions of the periods specified in this section
for the holding of the hearing and for action on such application,
provided the total extension of all such periods shall not be for
longer than 65 days, or may withdraw such application. Failure of
the Commission to act within any time period specified in this section,
or any extension thereof, shall not be deemed to constitute approval
of the application. An application deemed incomplete by the Commission
maybe be withdrawn by the applicant or shall be denied by the Commission.
8.5
For any application involving a public hearing the applicant is required,
at his expense, to placard the property with a sign of three feet
by four feet minimum, set back no more than 10 feet from the front
line. Said sign shall be visible to the public and composed of letters
with a minimum height of four inches. The message shall read: "A public
hearing dealing with this property is to be held in the (list location)
before the Inland Wetlands Commission at (time), (month, day, year),
dealing with an application for (type of activity)." Said sign shall
be in place at least 15 days prior to the public hearing and removed
immediately after the public hearing is closed.
8.6
For any application involving a public hearing the applicant is required,
at his expense, to send notice of said public hearing, via certified
mail, return receipt requested, to the owner(s) of record, as indicated
on the property tax map or on the last completed grand list, of the
abutting land and also those properties that lie opposite the parcel
across any street, thoroughfare or easement, no less than 15 days
prior to the day of the public hearing. This notice shall include
a brief description of the proposed activity and the date, time and
place of the public hearing. Documentation of such notification shall
be provided to the Commission at the start of the public hearing.
9.1
The Commission may consider the following in making its decision
on an application:
A.
The application and its supporting documentation;
B.
Public comments, evidence and testimony from a public hearing or
meeting;
C.
Reports from other agencies and commissions including but not limited
to those in the Town of New Milford such as: Conservation, Planning,
Department of Public Works, Health Director, Solid Waste, Sanitation,
Zoning, Town Planner, and Fire Marshal;
D.
The Commission may also consider comments on any application from
the Litchfield County Natural Resource Conservation Service, Housatonic
Valley Association, Candlewood Lake Authority, regional planning agencies
or other regional organizations; agencies in adjacent municipalities
which may be affected by the proposed activity, or other technical
agencies or organizations which may undertake additional studies or
investigations;
E.
Nonreceipt of comments from agencies and commissions listed in Section
9.1C and D above within the prescribed time shall neither delay nor
prejudice the decision of the Commission.
9.2
Criteria for decision. The Commission shall consider all relevant
facts and circumstances in making its decision on any application
for a permit, including but not limited to the following:
A.
The environmental impact of the proposed action, including the effect
on the inland wetland's and watercourse's capacity to support fish
and wildlife, to prevent flooding, to supply and protect surface and
groundwaters, to control sediment, to facilitate drainage, to control
pollution, to support recreational activities, and to promote the
health, welfare and safety of the public.
B.
The alternatives to the proposed action including a consideration
of alternatives which might enhance environmental quality or have
a less detrimental effect, and which could feasibly attain the basic
objectives of the activity proposed in the application. This consideration
should include, but is not limited to, the alternative of requiring
actions of a different nature, such as different configurations or
location of the proposed activity on the applicant's property, which
would provide similar benefits with different environmental impacts.
C.
The relationship between the short-term uses of the environment and
the maintenance and enhancement of long-term productivity, including
consideration of the extent to which the proposed activity involves
trade-offs between short-term environmental gains at the expense of
long-term losses, or vice versa, and consideration of the extent to
which the proposed action forecloses or predetermines future options.
D.
Irreversible and irretrievable commitments of resources which would
be involved in the proposed activity, including the extent to which
such activity would foreclose a future ability to protect, enhance
or restore such resources. This requires recognition that the inland
wetlands and watercourses of the State of Connecticut are indispensable,
irreplaceable and fragile natural resource, and that these areas may
be irreversibly damaged by deposition, filling, and removal of material,
by the diversion, diminution or obstruction of water flow including
low flows, and by the erection of structures and other uses.
E.
The character and degree of injury to, or interference with, safety,
health, or the reasonable use of property, including abutting or downstream
property, which would be caused or threatened by the proposed activity,
or the creation of conditions which may do so. This includes recognition
of potential damage from erosion, turbidity, or siltation, loss of
fish and wildlife and their habitat, loss of unique habitat having
demonstrable natural, scientific or educational value, loss or diminution
of beneficial aquatic organisms and wetlands plants, the dangers of
flooding and pollution, and the destruction of the economic, aesthetic,
recreational and other public and private uses and values of wetlands
and watercourses to the community.
F.
The suitability or unsuitability of the regulated activity to the
area for which it is proposed. This requires a balancing of the need
for the economic benefit of the state and the use of its land, with
the need to protect its environment and ecology for the people of
the state and the benefit of generations yet unborn.
G.
Impacts of the proposed regulated activity on regulated areas outside
the area for which the activity is proposed and future 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 and watercourses.
H.
Measures which would avoid, minimize and mitigate, in that order,
the impact of any aspect of the proposed regulated activity(ies).
Such measures include, but are not limited to, actions which would
avoid adverse impacts or lessen impacts to wetlands and watercourses
and which could be feasibly carried out by the applicant and would
protect the wetland's or watercourse's natural capacity to support
fish and wildlife, prevent flooding, supply water, control sedimentation,
prevent erosion, assimilate wastes, facilitate drainage, and to provide
recreation and open space.
9.3
For purposes of this section, (1) "wetlands or watercourses" includes
aquatic, plant or animal life and habitats in wetlands or watercourses,
and (2) "habitats" means areas or environments in which an organism
or biological population normally lives or occurs.
9.4
The Commission shall not deny or condition an application for a regulated
activity in an area outside wetlands or watercourses on the basis
of an impact or effect on aquatic, plant, or animal life unless such
activity will likely impact or affect the physical characteristics
of such wetlands or watercourses.
9.5
In the case of an application where the applicant has provided written
notice pursuant to Subsection 7.14C of these regulations, the holder
of the restriction may provide proof to the Commission that granting
of the permit application will violate the terms of the restriction.
Upon a finding that the requested land use violates the terms of such
restriction, the Commission shall not grant the permit approval.
9.6
In the case of an application where the applicant fails to comply
with the provisions of Subsections 7.14C, or D of these regulations,
the party holding the conservation or preservation restriction may,
not later than 15 days after receipt of actual notice of permit approval,
file an appeal with the Commission, subject to the rules and regulations
of the Commission relating to appeals. The Commission shall reverse
the permit approval upon a finding that the requested land use violates
the terms of such restriction.
9.7
In reaching its decision on any application after a public hearing,
the Commission shall base its decision on the application and on the
record of that hearing. Documentary evidence or other material not
in the hearing record or which is submitted after the hearing is completed
shall not be accepted or considered by the Commission in its decision.
9.8
The Commission is not precluded from seeking advice, opinions and
technical support from its own experts after the close of the public
hearing on information already in the record of the public hearing.
9.9
In the case of an application which received a public hearing pursuant to a finding by the Commission that the proposed activity may have a significant impact on wetlands or watercourses, a permit shall not be issued unless the Commission finds on the basis of the record that a feasible and prudent alternative that has less impact on wetlands, watercourses and upland review area does not exist. In making this finding the Commission shall consider the facts and circumstances set forth in Section 9.2 of these regulations. The finding and the reasons therefore shall be stated on the record in writing. A conclusion that a prudent and feasible alternative does not exist does not create a presumption that a permit should be issued. The applicant has the burden of demonstrating that his application is consistent with the purposes and policies of these regulations and Sections 22a-36 to 22a-45, inclusive, of the Connecticut General Statutes.
9.10
In the case of an application which is denied on the basis of a finding
that there may be a feasible and prudent alternative to the proposed
regulated activity which has less adverse impact on wetlands or watercourses,
the Commission shall propose on the record in writing the types of
alternatives which the applicant may investigate. This subsection
shall not be construed to shift the burden from the applicant to prove
that he is entitled to the permit or to present specific alternatives
to the proposed regulated activity.
10.1
The Commission may, in accordance with Section 9 of these regulations, grant the application as filed; grant it upon such terms, conditions, limitations or modifications necessary to carry out the purposes of the Act; or deny the application. Such terms may include any reasonable measures which would avoid, minimize or mitigate, in that order, the impacts of the regulated activity and which would (a) prevent or minimize pollution or other environmental damage, (b) maintain or enhance existing environmental quality, or (c) in the following order or priority: restore, enhance and create productive wetland or watercourse or buffering resources.
10.2
Except in the instance of a public hearing, action shall be taken
on applications within 65 days from the date of receipt of the application.
The applicant may consent to one or more extensions of such sixty-five-day
period for action on such application, provided the total extension
shall not be for longer than the original sixty-five-day period, or
may withdraw such application. Failure of the Commission to act within
such sixty-five-day period, or any extension thereof, shall not be
deemed to constitute approval of the application.
10.3
The Commission shall state upon its record the reasons and basis
for its decision and, in the case of any public hearing, such decision
shall be based fully on the record of such hearing and shall be in
writing and shall incorporate a statement relative to the consideration
of feasible and prudent alternatives. The record of the decision shall
indicate which Commission members, if any, visually inspected the
site of the proposed activity.
10.4
The Commission shall notify the applicant and any named parties to
the proceeding of its decision within 15 days of the date of the decision
by certified mail, return receipt requested, and the Commission shall
cause notice of its order granting or denying the permit, in a newspaper
having general circulation in the town wherein the inland wetlands
or watercourse lies. In any case in which such notice is not published
within such fifteen-day period, the applicant may provide for the
publication of such notice within 10 days thereafter.
10.5
If an application for an activity regulated by the Commission also
involves an activity or project which requires zoning or subdivision
or re-subdivision approval, a special zoning permit, variance or special
exception, a copy of the decision and report on the application shall
be filed with the Town of New Milford Planning Commission, Zoning
Commission, or Zoning Board of Appeals, as the case may be, within
15 days of the date of the decision.
10.6
Permit expiration dates and time frames:
A.
Any permit issued by the Commission for the development of land for
which an approval is required under Sections 8-3, 8-25 or 8-26 of
the Connecticut General Statutes shall be valid for five years, provided
the Commission may establish a specific time period within which any
regulated activity shall be conducted. Any permit issued by the Commission
for any other activity shall be valid for three years. The effective
date of a permit is the date of the scheduled meeting at which the
application is approved.
B.
Pursuant to Public Act 09-181, any permit issued between July 1,
2006, and July 1, 2009, shall be valid for six years commencing upon
the date of such approval. Any such permit shall be renewed upon request
of the permit holder unless the agency finds that there has been a
substantial change in circumstances that 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 such permit
shall be valid for more than 11 years.
10.7
No permit shall be assigned or transferred without the written permission
of the Commission. Such permission shall be granted upon receipt and
review by the Commission of a written statement, on a form provided
by the Commission, signed by the transferee, stating that the transferee
has reviewed the applicable regulations and the terms and conditions
of the permit and agrees to be bound thereby. If a bond or other security
obligation is in place, the transferee shall also submit proof acceptable
to the Commission that the transferee has assumed such obligation,
or shall provide such substitute security as may be acceptable to
the Commission. If no such bond or security obligation is in place,
the Commission may require the transferee to file a bond or other
substitute security acceptable to the Commission.
10.8
If a bond or other security is required in accordance with Section 12 of these regulations, the Commission may withhold issuing the permit until such bond or insurance is provided.
10.9
General provisions in the issuance of all permits:
A.
In evaluating applications in which the Commission relied in whole
or in part on information provided by the applicant, if such information
subsequently proves to be false, deceptive, incomplete or inaccurate,
the permit may be modified, suspended or revoked.
B.
All permits issued by the Commission are subject to and do not derogate
from any present or future rights or powers of the Commission or the
Town of New Milford, and convey no rights in real estate or material
nor any exclusive privileges, and are further subject to any and all
public and private rights and to any federal, state, and municipal
laws or regulations pertinent to the property or activity.
C.
If the activity authorized by the inland wetlands permit also involves
an activity or a project which requires zoning or subdivision approval,
special permit, variance or special exception, no work pursuant to
the wetlands permit may begin until such approval is obtained.
D.
The permittee shall take such necessary steps consistent with the
terms and conditions of the permit, to control stormwater discharge
and to prevent erosion and sedimentation and to otherwise prevent
pollution of wetlands and watercourses.
10.10
An application filed with the Wetlands Commission which is in conformance
with these Regulations as of the date of the receipt of such application
shall not be required thereafter to comply with any change in these
Regulations, including changes to upland review area, taking effect
on or after the date of such receipt and any appeal from the decision
of such agency with respect to such application shall not be dismissed
by the Superior Court on the grounds that such a change has taken
effect on or after the date of such receipt. The provisions of this
section shall not be construed to apply (1) to the establishment,
amendment or change of boundaries of wetlands or watercourses or (2)
to any change in these Regulations necessary to make such Regulations
consistent with the provisions of Chapter 440 of the General Statutes
as of the date of such receipt.
11.1
The Town of New Milford Inland Wetland Commission may delegate to
its duly authorized agent the authority to act on an application meeting
the criteria in this subsection of the regulations, provided that
said agent has completed the comprehensive training program developed
by the State Commissioner of Environmental Protection pursuant to
Section 22a-39 of the Connecticut General Statutes, as amended, and
that said agent has taken either Section two or three of the Connecticut
Inland Wetlands Commissioner training program or other approved equal
continuing education program within the last two calendar years. This
authority shall be bestowed upon each individual agent by a two-thirds
vote of the Commission and must be reaffirmed each year at the Commission's
annual meeting.
11.3
Prerequisites to action by duly authorized agent.
A.
The application seeks to approve minor construction projects, extend
existing permits or transfer permits that are not located within a
wetland or watercourse. Such activities may include but are not limited
to decks, sheds, swimming pools, additions, landscaping and rain gardens.
B.
The application for duly authorized agent approval may not be in
response to a notice of violation or cease and desist order issued
by the Wetlands Enforcement Officer or Land Use Inspector.
C.
The duly authorized agent finds that the conduct of such activity would result in no greater than a minimal impact on any wetlands or watercourses, taking into account the considerations for decision set forth in Section 9 of these Regulations.
D.
Notwithstanding the above, the duly authorized agent has the sole
discretion to forward any application received at the Wetlands office
to the Commission for action by the Commission within the statutory
time frames from the date of receipt.
11.4
Procedure.
A.
The duly authorized agent shall review the application to ensure
that it is complete.
B.
The duly authorized agent shall notify the Commission members about
the pendency of a site walk and shall visit the project site with
any interested Commission members. The duly authorized agent shall
determine eligibility of the project for approval.
C.
The duly authorized agent shall obtain any other information necessary
to fully understand the scope of the project.
D.
The duly authorized agent shall determine if the project can be approved
or should be forwarded to the Wetlands Commission for full review.
E.
If approved the duly authorized agent shall issue a permit for the
project and outline any specific permit conditions.
11.5
Decision and publication of decision.
B.
The Commission shall, within 10 days of the date of the duly authorized
agent approval, publish notice of the approval in a newspaper having
a general circulation in the town wherein the activity is located
or will have an effect.
C.
The duly authorized agent shall notify the Commission of the permits,
denials, extensions, transfers and other actions that have been issued
by the duly authorized agent at the next regularly scheduled meeting
of the Commission.
11.6
Appeal of decision (request for full review by the Commission).
A.
Any person, including a member of the Commission, may appeal the
decision of such agent to the Commission within 15 days after the
publication date of the notice.
B.
The Commission shall review the application and consider the appeal
at its next regularly scheduled meeting provided such meeting is no
earlier than three business days after receipt by the Commission or
its agent of such appeal.
C.
Any person may appear and be heard at the meeting held to consider
the appeal.
D.
The Commission shall, at its discretion, sustain, alter, or reject
the decision of its duly authorized agent or require a Commission
action in accordance with the New Milford Inland Wetland and Watercourse
Regulations.
12.1
Upon approval of the application and prior to issuance of a permit,
the Commission is authorized to require the applicant to file a bond
or other security in a form approved by the Town or Commission's attorney
and in an amount which, in the Commission's discretion, shall be sufficient
to cover the cost of any improvements authorized by the permit plus
any anticipated remedial or other expenses necessitated by the activities
conducted pursuant to the permit.
12.2
Any such bond or other security shall also be conditioned upon compliance
with the terms, conditions and limitations established by the permit
and with applicable provisions of the General Statutes and of these
regulations.
13.1
Fees are set to cover the reasonable cost of reviewing and acting
on applications, petitions, and monitoring compliance with any permit
or Commission order. A schedule of fees will be established annually
by the Commission or whenever the regulations are amended. The fee
schedule revisions will be effective immediately. (See Appendix B)
13.2
If an activity has occurred prior to the submission of an application,
the Commission may require an additional filing fee to cover Commission
costs including but not limited to field inspections, public hearings,
public notices, consultants and technical staff research time.
13.3
The Town of New Milford, Connecticut, and the State of Connecticut
shall be exempt from the payment of fees.
13.4
All fees required by these regulations shall be submitted to the
Commission by certified check, money order or a valid personal check
payable to the Town of New Milford at the time the application is
filed with the Commission.
13.5
No application shall be granted or approved by the Commission unless
the correct application fee is paid in full or unless a waiver has
been granted by the Commission.
13.6
The application fee shall be refundable if the Commission finds that
the application involves activities not regulated or as of right.
14.1
The Commission may appoint an agent or agents to act in its behalf
with the authority to enter and inspect property, except inside a
private residence, and issue notices of violation or cease and desist
orders and carry out other actions or investigations necessary for
the enforcement of these regulations.
14.2
The Commission or its agent may make regular inspections, at reasonable
hours, of all regulated activities for which applications, wetland
and watercourse determination requests and permits have been received
or issued under these regulations.
14.3
If the Commission, its duly authorized agent or wetlands enforcement
officer finds that any person is conducting or maintaining any activity,
facility or condition which is in violation of the Act or these regulations,
the Commission, its duly authorized agent or wetlands enforcement
officer may:
A.
Issue a written order by certified mail, return receipt requested,
to such person conducting such activity or maintaining such facility
or condition to immediately cease such activity or to correct such
facility or condition. Within 10 calendar days of the issuance of
such order the Commission shall hold a hearing to provide the person
an opportunity to be heard and show cause why the order should not
remain in effect. The Commission shall consider the facts presented
at the hearing and within 10 days of the completion of the hearing
notify the person by certified mail, return receipt requested, that
the original order remains in effect, that a revised order is in effect,
or that the order has been withdrawn. The Commission shall publish
notice of its decision in a newspaper having general circulation in
the municipality. The original order shall be effective upon issuance
and shall remain in effect until the Commission affirms, revises or
withdraws the order. The issuance of an order pursuant to this section
shall not delay or bar an action pursuant to Section 22a-44(b) of
the General Statutes, as amended.
B.
Suspend or revoke a permit if it finds that the applicant has not
complied with the terms, conditions or limitations set forth in the
permit or has exceeded the scope of the work as set forth in the application
including application plans. Prior to revoking any permit, the Commission
shall issue notice to the permittee, personally or by certified mail,
return receipt requested, setting forth the facts or conduct which
warrants the intended action. At a public hearing the permittee shall
be given an opportunity to show that he or she is in compliance with
the permit and any and all requirements for retention of the permit.
The permittee shall be notified of the Commission's decision to suspend,
revoke, or maintain a permit by personal service or certified mail,
return receipt requested, within 15 days of the date of its decision.
The issuance of an order pursuant to this section shall not delay
or bar an action pursuant to Section 22a-44(b) of the General Statutes,
as amended. The Commission shall publish notice of the suspension
or revocation in a newspaper having general circulation in the municipality.
C.
Issue a notice of violation to such person conducting such activity
or maintaining such facility or condition, stating the nature of the
violation and the jurisdiction of the Commission and prescribing the
necessary action and steps to correct the violation, including, without
limitation, halting work in wetlands, watercourses, upland review
areas or other areas that may effect wetlands and watercourses. The
Commission may request that the individual appear at the next regularly
scheduled meeting of the Commission to discuss the unauthorized activity
and/or provide a written reply to the notice or file an application
for the necessary permit. Failure to carry out the action(s) directed
in a notice of violation may result in issuance of the order provided
in Section 14.3A or other enforcement proceedings as provided by law.
Each day of violation shall be considered as a separate offence.
15.1
These regulations of the Town of New Milford Inland Wetlands and
Watercourse Commission shall be amended in the manner specified in
Sections 8-7d and 22a-42a of the Connecticut General Statutes, as
amended. The Commission shall provide the Commissioner of Environmental
Protection with a copy of any proposed regulations and notice of the
public hearing to consider any proposed regulations or amendments
thereto, except map amendments, at least 35 days before the public
hearing on their adoption.
15.2
The Inland Wetlands and Watercourses Map for the Town of New Milford
may be amended by the Commission as new information regarding soils
and inland wetlands and watercourses becomes available.
A.
Any person who submits a petition to amend the Inland Wetlands and
Watercourse Map for the Town of New Milford shall bear the burden
of proof for all requested map amendments. Such proof may include,
but is not limited to, professional interpretation of aerial photography
and remote sensing imagery, resource mapping, soils mapping, or other
information acceptable to the Commission. Petitions requesting changes
or amendments to the New Milford Inland Wetlands and Watercourses
Map shall contain at least the following information:
1.
The applicant's name, address and telephone number;
2.
The owner's name (if not the applicant), address, telephone number,
and a written consent to the proposed petition set forth in the application;
3.
Address and description of the land upon which the change is requested;
4.
The applicant's interest in the land, if any;
5.
Map(s) showing the geographic location of the parcel of land affected
by the petition and the existing and proposed wetland(s) and watercourse(s)
boundaries on such land in accurate detail together with the documentation
supporting such proposed boundary locations. The applicant or property
owner shall present documentation by a certified soil scientist showing
the soil types and boundaries of the soils types on the map of the
parcel of land with the locations of numbered flags designating the
boundary between wetland and nonwetland soil types according to the
National Cooperative Soils Survey. Watercourses shall be delineated
by a soil scientist, geologist, ecologist or other qualified individual;
6.
Map(s) showing any proposed development of the land in relation to
existing and proposed wetland and watercourse boundaries;
7.
The reasons for the requested action;
8.
The name and addresses of adjacent property owners.
B.
A public hearing shall be held on petitions to amend the Inland Wetlands
and Watercourses Map. Notice of the hearing shall be published in
a newspaper having substantial circulation in the municipality at
least twice at intervals of not less than two days, the first not
more than 15 days nor less than 10 days, and the last not less than
two days, before the date set for the hearing. A copy of such proposed
boundary change shall be filed in the office of the Town Clerk, for
public inspection at least 10 days before such hearing.
C.
The Commission shall hold a public hearing on a petition to amend
the regulations and the Inland Wetlands and Watercourses Map within
65 days after receipt of such petition. The hearing shall be completed
within 35 days after commencement. The agency shall act upon the changes
requested in such petition within 65 days after completion of such
hearing. At such hearing any person or persons may appear and be heard
and may be represented by agent or attorney. The petitioner may consent
to one or more extensions of any period specified in this subsection
provided the total extension of all such periods shall not be for
longer than 65 days or may withdraw such petition. Failure of the
Commission to act within any time period specified in this subsection
or an extension thereof shall not be deemed to constitute approval
of the petition.
D.
The Commission shall make its decision and state, in writing, the
reasons why the change in the Inland Wetlands and Watercourses Map
was made.
15.3
The appendices referenced within these regulations, except for the
Fee Schedule, can be amended by the Commission as necessary. Any changes
or alterations to the appendices will become effective immediately.
17.1
Nothing in these regulations shall obviate the requirements for the
applicant to obtain any other assents, permits or licenses required
by law or regulation by the Town of New Milford, State of Connecticut
and the Government of the United States including any approval required
by the Connecticut Department of Environmental Protection and the
United States Army Corps of Engineers. Obtaining such assents, permits
or licenses is the sole responsibility of the applicant.
18.1
If there is a conflict between the provisions of these regulations,
the provision which imposes the most stringent standards for the use
of wetlands and watercourses shall govern. The invalidity of any word,
clause, sentence, section, part, subsection or provision of these
regulations shall not affect the validity of any other part which
can be given effect without such valid part or parts.
18.2
If there is a conflict between the provisions of these regulations
and the provisions of the Act, the provisions of the Act shall govern.
19.1
The Commission shall retain complete administrative records of Commission actions and dispose of such records in accordance with the retention/disposition schedules set forth in Subsection 19.2.
19.2
The public records administrator of the Connecticut State Library
established the following record retention/disposition schedules for
municipal inland wetlands agencies effective September 1998:
RECORD TITLE
|
MINIMUM RETENTION
|
---|---|
Applications (inc. supporting materials)
|
10 years
|
Decision letters and approved site plans
|
10 years
|
Legal notices
|
1 year
|
Staff and public written testimony (hearing records)
|
10 years
|
Minutes of meetings and public hearings
|
Permanent
|
Tapes, audio
|
1 year
|
Notices of violation and orders
|
10 years
|
Text of changes adopted in regulations
|
Continuous update/permanent
|
General correspondence issued or received
|
5 years
|
20.1
These regulations, which include the Inland Wetlands and Watercourses
Map and application forms, shall become effective upon filing in the
Office of the Town Clerk and publication of a notice of such action
in a newspaper having general circulation in the Town of New Milford.