[HISTORY: Adopted by the Inland Wetlands Commission of the
Town of Newtown 10-1-1974; amended 3-1-1991; 12-1-1993; 6-1-1995; 12-13-1995; 5-29-1997; 7-17-1998; 9-2-1999; 9-4-2000; 7-6-2004; 3-14-2007. Subsequent
amendments noted where applicable.]
GENERAL REFERENCES
Flood damage prevention — See Ch. 136.
Wetlands and watercourses — See Ch. 227.
Subdivision of land — See Ch. 560.
Zoning — See Ch. 595.
Attachment 1 - Appendix A - Connecticut General Statutes Section 1-1(q)
Attachment 2 - Appendix B - Schedule of FeesAttachment 3 - Appendix C - Alphabetical Identification of Permit ConditionsAttachment 4 - Appendix D - Permit/Permit Modification Application FormAttachment 5 - Appendix E - Public Notice Form
Attachment 2 - Appendix B - Schedule of FeesAttachment 3 - Appendix C - Alphabetical Identification of Permit ConditionsAttachment 4 - Appendix D - Permit/Permit Modification Application FormAttachment 5 - Appendix E - Public Notice Form
A.
Findings and purpose.
(1)
The inland wetlands and watercourses of the State of Connecticut
are an indispensable and irreplaceable but fragile natural resource
with which the citizens of the state have been endowed. The wetlands
and watercourses are an interrelated web of nature essential to an
adequate supply of surface water 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.
(2)
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 imperiled 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 forevermore. 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.
(3)
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 watercourse for their conservation, economic,
aesthetic, recreational and other public and private uses and values;
and protecting the state's potable freshwater 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.
B.
These regulations shall be known as the "Inland Wetlands and Watercourses
Regulations of the Town and Borough of Newtown, Connecticut."
C.
The Inland Wetlands Commission, formerly known as the "Conservation
Commission of the Town of Newtown, Connecticut," was established in
accordance with the Town of Newtown Ordinance 38 adopted May 22, 1973,
and has been designated as the Inland Wetlands and Watercourses Agency
to implement the purposes and provisions of the Inland Wetlands and
Watercourses Act in the Town of Newtown, Connecticut.[1]
D.
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.
E.
The Agency shall enforce the Inland Wetlands and Watercourse Act
and shall issue, issue with terms, conditions, limitations or modifications,
or deny permits for all regulated activities affecting inland wetlands
and watercourses in the Town and Borough of Newtown, Connecticut pursuant
to Sections 22a-36 to 22a-45, inclusive, of the Connecticut General
Statutes, as amended.
As used in these regulations, the following terms shall have
the meanings indicated:
The Inland Wetlands and Watercourse Act, Sections 22a-36
through 22a-45 of the Connecticut General Statutes, as amended.
The Inland Wetlands Commission of the Town of Newtown, Connecticut
acting as the Inland Wetlands and Watercourses Agency.
Watercourses distinguished by evergreen trees and shrubs
underlain by peat deposits, poor or very poor drainage, and highly
acidic conditions.
The harvest of timber in a fashion which removes all trees
down to a two-inch diameter at breast height.
A member of the Inland Wetlands Commission of the Town of
Newtown, Connecticut.
The Commissioner of the State of Connecticut Department of
Environmental Protection.
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.
Includes, but shall not be limited to, fill, grade, dump,
place, discharge or emit.
An individual designated by the Agency to carry out its functions
and purposes.
Emission of any water, substance, or material into wetlands
or watercourses, whether or not such substance causes pollution.
To alter the inland wetlands and watercourses by reason of
removal or deposition of material, clearing the land, altering or
obstructing water flow, or pollution.
That the proposed activity is necessary and indispensable
to sustain farming activities on an existing farm.
Shall be consistent with the definition as noted in Section
1-1(q), as amended, of the Connecticut General Statutes (see Appendix
A[1]).
Able to be constructed or implemented consistent with sound
engineering principles.
The tilling of soil, planting, cultivating and harvesting
of vegetable matter.
Using any tract of land to feed or supply farm animals with
grass or pasture, to tend farm animals, or feeding or growing silage
and herbage.
Gathering plants or animals or plant or animal products which
have been grown to be harvested.
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 Sections 22a-36 to 22a-45, inclusive, of the
Connecticut General Statutes, as may be amended from time to time.
A practice, procedure, activity, structure or facility designed
to prevent or minimize pollution or other environmental damage or
to maintain or enhance existing environmental quality. Such management
practices include, but are not limited to, erosion and sedimentation
controls; restrictions on land use 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.
Watercourses that are distinguished by the absence of trees
and shrubs and the dominance of soft-stemmed herbaceous plants. The
water table in marshes is at or above the ground surface throughout
the year and areas of open water six inches or more in depth are common,
but seasonal fluctuations are encountered.
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.
The Town and Borough of Newtown, Connecticut.
Places where plants are grown for sale, transplanting, or
experimentation.
A mark on the land caused by the presence and action of water,
which presence and action is so common and usual and so long-continued
in all ordinary years as to mark upon the land a distinction between
the abutting upland and the watercourse.
The shortest straight-line transect from any wetlands or
watercourse boundary to the highest up-gradient point on the land
to be developed; the transect shall show the steepest slope to the
wetlands or watercourse boundary.
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 or federal law.
The person to whom a permit has been issued.
Any person, firm, partnership, association, corporation,
limited-liability company, company, organization or legal entity of
any kind, including municipal corporations, governmental agencies
or subdivisions thereof.
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.
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.
Any operation within or use of a wetlands or watercourse involving
removal or deposition of material, or any obstruction, construction,
alteration or pollution of said wetlands or watercourses, but shall
not include specific activities in Section 22a-40 of the Connecticut
General Statutes. Furthermore, any clearing, grubbing, filling, grading,
paving, excavating, construction, depositing or removal of material
and discharging of stormwater in the following areas is a regulated
activity:
The Agency may rule that any other activity located within such
upland review area or any other non-wetlands or non-watercourse area
that is likely to impact or affect wetlands or watercourses is a regulated
activity.
Any wetlands or watercourses as defined in these regulations.
Includes, but shall not be limited to, drain, excavate, mine,
dig, dredge, suck, grub, clear-cut timber, bulldoze, dragline or blast.
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.
Any activity, including, but not limited to, the following
activities, which may have a major effect or significant impact:
Any activity involving deposition or removal of material which
will or may have a major effect or significant impact on the regulated
area or on another part of the inland wetland or watercourse system.
Any activity which substantially changes the natural channel
or may inhibit the natural dynamics of a watercourse system.
Any activity which substantially diminishes the natural capacity
of an inland wetland 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.
Any activity which is likely to cause or has the potential to
cause substantial turbidity, siltation or sedimentation in a wetland
or watercourse.
Any activity which causes a substantial diminution of flow of
a natural watercourse or groundwater levels of the regulated area.
Any activity which is likely to cause or has the potential to
cause pollution of a wetlands or watercourse.
Any activity which destroys unique wetland or watercourse areas
having demonstrable scientific or educational value.
An individual duly qualified in accordance with standards
set by the federal Office of Personnel Management.
Those lands which are inundated by water on a seasonal or
more frequent basis.
Watercourses that are distinguished by the dominance of wetland
trees and shrubs.
The Town and Borough of Newtown, Connecticut.
Any area where an activity is likely to have an adverse impact
on an adjacent wetland or watercourse.
A watercourse consisting of a confined basin depression which
contains a small body of standing water, usually drying out for a
part of the year, and may or may not contain standing water during
warm weather. It can be natural or man-made, and lacks a permanent
outlet or any fish population. Further, the occurrence of one or more
of the obligatory species which include shrimp, spotted salamander,
Jefferson salamander, marbled salamander, wood frog and eastern space
foot toad are necessary to conclusively define the vernal pool.
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.
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, inclusive, of the Connecticut
General Statutes. Intermittent watercourses shall be delineated by
a defined permanent channel and bank and the occurrence of two or
more of the following characteristics: (a) evidence of scour or deposits
of recent alluvium or detritus, (b) the presence of standing or flowing
water for a duration longer than a particular storm incident, or (c)
the presence of hydrophytic vegetation.
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, by the Natural Resources Conservation
Service of the U.S. Department of Agriculture (USDA). Such areas may
include filled, graded, or excavated sites which possess an aquic
soil moisture regime as defined by the USDA Cooperative Soil Survey.
[1]
Editor's Note: Appendix A is included at the end of this chapter.
A.
The map of regulated areas entitled "Inland Wetlands and Watercourses
Map, Newtown, Connecticut" delineates the general location and boundaries
of inland wetlands and the general location of watercourses. Copies
of this map are available for inspection in the office of the Town
Clerk or the Agency. 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 Agency 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.
B.
Any person may petition the Agency for an amendment to the map. 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 Agency may require such an owner to provide an accurate delineation of regulated areas in accordance with § 510-15 of these regulations.
C.
The Agency shall maintain a current inventory of regulated areas
within the Town. The Agency may amend its map as more accurate information
becomes available.
A.
The following operations and uses shall be permitted in inland wetlands
and watercourses as of right:
(1)
Grazing, farming (Appendix A[1]), 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 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 cropland, or the mining
of topsoil, peat, sand, gravel or similar material from wetlands or
watercourses for the purpose of sale;
[1]
Editor's Note: Appendix A is included at the end of this chapter.
(2)
A residential home (i) for which a building permit has been issued
or (ii) on a subdivision lot, provided the permit has been issued
or the subdivision has been approved by a municipal planning, zoning
or planning and zoning commission as of the effective date of promulgation
of the municipal regulations pursuant to Subsection (b) of Section
22a-42a of the Connecticut General Statutes or as of July 1, 1974,
whichever is earlier, 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. Any person claiming
a use of wetlands permitted as a right under this subsection shall
document the validity of said right by providing 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 or other necessary information to document his or her
right hereunder;
(3)
Boat anchorage or mooring, not to include dredging or dock construction;
(4)
Uses incidental to the enjoyment or maintenance of residential property,
such property defined as equal to or smaller than the largest minimum
residential lot site permitted anywhere in the municipality and containing
a residence. 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 into a wetland or watercourse,
or diversion or alteration of a watercourse.
(5)
Construction and operation, by water companies as defined by Section
16-1 of the Connecticut General Statutes or by municipal water supply
systems as provided for in Chapter 102 of the Connecticut General
Statutes, 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-410
of the Connecticut General Statutes.
(6)
Maintenance relating to any drainage pipe which existed before the
effective date of any municipal regulation adopted pursuant to Section
22a-42a of the Connecticut General Statutes or July 1, 1974, whichever
is earlier, provided such pipe is on property which is zoned as residential
but does not contain hydrophytic vegetation. For purposes of this
subsection, "maintenance" means the removal of accumulated leaves,
soil, and other debris, whether by hand or machine, while the pipe
remains in place.
B.
The following operations and uses shall be permitted as nonregulated
uses in wetlands and watercourses, provided they do not disturb the
natural and indigenous character of the wetland or watercourse by
removal or deposition of material, alteration or obstruction of water
flow or pollution of the wetland or watercourse:
(1)
Conservation of soil, vegetation, water, fish, shellfish, and wildlife.
(2)
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.
C.
All activities in wetlands or watercourses involving filling, excavation, dredging, clear-cutting, clearing or grading or any other alteration or use of a wetland or watercourse not specifically permitted by this section shall require a permit from the Agency in accordance with § 510-6 of these regulations, or for certain regulated activities located outside of wetlands and watercourses from the duly authorized agent in accordance with § 510-12 of these regulations.
D.
To carry out the purpose of this section, any person proposing to
carry out a permitted or nonregulated operation or use of a wetland
or watercourse shall, prior to commencement of such operation or use,
notify the Agency on a form provided by it, and provide the Agency
with sufficient information to enable it to properly determine that
the proposed operation and use is a permitted or nonregulated use
of the wetland or watercourse. The Agency or its designated agent
shall rule that the proposed operation or use is a permitted or a
nonregulated use or operation or that a permit is required.
A.
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 Section 22a-39 or 22a-45a of the Connecticut
General Statutes.
B.
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 Connecticut General Statutes,
as amended.
C.
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 of the Connecticut General Statutes or a permit issued
by the Commissioner of Environmental Protection under Section 22a-403
of the Connecticut General Statutes. No person receiving such dam
repair or removal order or permit shall 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
permit.
D.
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.
A.
No person shall conduct or maintain a regulated activity without
first obtaining a permit for such activity from the Inland Wetlands
Commission of the Town of Newtown, Connecticut.
B.
Any person found to be conducting or maintaining a regulated activity without the prior authorization of the Agency, or violating any other provision of these regulations, shall be subject to the enforcement proceedings and penalties prescribed in § 510-14 of these regulations and any other remedies as provided by law.
A.
Any person intending to conduct a regulated activity or to renew
or amend a permit to conduct such activity shall apply for a permit
on the form provided by the Agency. The application shall contain
the information prescribed in this section and any other information
the Agency may reasonably require. Application forms may be obtained
in the Land Use office of the Town of Newtown or the Agency.
B.
If an application to the Town of Newtown planning, zoning, or planning
and zoning commission for the subdivision or resubdivision of land
involves land containing a wetland or a watercourse, 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 Agency in accordance with this section no later than the day
the application is filed with such planning, zoning, or planning and
zoning commission.
C.
All applications shall contain such information that is necessary
for a fair and informed determination of the issues.
D.
A prospective applicant may request the Agency to determine whether
or not a proposed activity involves a significant impact activity.
E.
All application shall include the following information in writing
or on maps or drawings:
(1)
The applicant's name, home and business mailing addresses and telephone
numbers; if the applicant is a limited-liability corporation or a
corporation, the managing member's or responsible corporate officer's
name, address, and telephone number.
(2)
The owner's name, mailing address and telephone number and written
consent if the applicant is not the owner of the land upon which the
subject activity is proposed.
(3)
Applicant's interest in the land.
(4)
The geographical location of the land which is the subject of the
proposed activity and a description of the land in sufficient detail
to allow identification of the inland wetlands and watercourses, the
area(s) (in acres or square feet) of wetlands or watercourses to be
disturbed, soil type(s) and wetland vegetation.
(5)
The purpose and a description of the proposed activity and proposed
erosion and sedimentation controls 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:
(6)
Alternatives which would cause less or no environmental impact to
wetlands or watercourses and why the alternative as set forth in the
application was chosen. All alternatives shall be diagrammed on a
site plan or drawing.
(7)
A site plan showing existing and proposed conditions in relation
to wetlands and watercourses and identifying any further activities
associated with, or reasonably related to, the proposed activity which
are made inevitable by the proposed regulated activity and which may
have an impact on wetlands or watercourses.
(8)
The name and address of all abutting landowners.
(9)
A statement by the applicant 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.
(10)
Authorization for the Commissioners and agents of the Agency
to inspect the subject land, at reasonable times, during the pendency
of an application and for the life of the permit.
(11)
A completed DEP reporting form; the Agency shall revise or correct
the information provided by the applicant and submit said form to
the Commissioner of Environmental Protection in accordance with Section
22a-39-14 of the Regulations of Connecticut State Agencies.
(12)
Any other information the Agency deems necessary to the understanding
of what the applicant is proposing.
(13)
Submission of the appropriate filing fee based on the fee schedule established in § 510-19 of these regulations.
(14)
Applicant must locate in the field all activities proposed in
or near wetlands or watercourses. This includes road center lines,
all proposed structures and the telephone pole numbers in or adjacent
to the parcel associated with the application.
(15)
Documentation by a soil scientist of the distribution of wetland
soils on said land. Such documentation shall at minimum include a
report by a soil scientist depicting the location of wetland soils
on the land and a map of the land indicating the flag locations as
set by the soil scientist and defining the boundaries of wetland soil
types. These flags should be numbered and noted on the above wetland
and watercourse boundaries map.
(16)
Map(s) showing any proposed development of the land in relation
to existing and proposed wetland and watercourse boundaries. The soils
scientist who performed the field flagging must certify, by signing
the map, that the map has been inspected and the map depicts the actual
condition of the land as was found at the time of the flagging.
F.
At the discretion of the Agency or its agent, or when the proposed
activity involves a significant impact, additional information, based
on the nature and anticipated effects of the activity, including but
not limited to the following, is required:
(1)
Site plans for the proposed activity and the land which will be affected
thereby which show existing and proposed conditions, wetland and watercourse
boundaries, land contours, boundaries of land ownership, proposed
alterations and uses of wetlands and watercourses, and other pertinent
features of the land and the proposed activity, prepared by a licensed
surveyor, professional engineer or landscape architect licensed by
the state or by such other qualified person;
(2)
Engineering reports and analysis and additional drawings to fully
describe the proposed activity, including any filling, excavation,
drainage or hydraulic modifications to watercourses and the proposed
erosion and sedimentation control plan;
(3)
Mapping of soil types consistent with the categories established
by the National Cooperative Soil Survey of the U.S. Soil Conservation
Service; the wetlands shall be delineated in the field by a soil scientist
and the soil scientist's field delineation shall be depicted on the
site plans;
(4)
A description of the ecological communities and functions of the
wetlands or watercourses involved with the application and the effects
of the proposed activities on these communities and wetland functions;
(5)
A description of how the applicant will change, diminish, or enhance
the ecological communities and functions of the wetlands or watercourses
involved in the application and each alternative which would cause
less or no environmental impact to wetlands or watercourses, and a
description of why each alternative considered was deemed neither
feasible or prudent;
(6)
Analysis of chemical or physical characteristics of any fill material;
(7)
Management practices and other measures designed to mitigate the
impact of the proposed activity; and
(8)
The name and address of all abutting landowners along with a signed
statement indicating that all abutters have in fact been notified
of the proposed regulated activities on the subject land. The Commission
may waive this requirement at its discretion if it determines that
the proposed regulated actions are minor in scope and would not affect
or likely affect the adjoining land.
G.
The applicant shall certify whether:
(1)
Any portion of the property on which the regulated activity is proposed
is located within 500 feet of the boundary of an adjoining municipality;
(2)
Traffic attributable to the completed project on the site will use
streets within the adjoining municipality to enter or exit the site;
(3)
Sewer or water drainage from the project site will flow through and
impact the sewage or drainage system within the adjoining municipality;
or
(4)
Water run-off from the improved site will impact streets or other
municipal or private property within the adjoining municipality.
H.
Three copies, including the original, of all application materials
shall be submitted to comprise a complete application unless an applicant
is otherwise directed, in writing, by the Agency.
I.
Any application to renew, extend or amend an existing permit shall be filed with the Agency in accordance with § 510-8 of these regulations at least 65 days prior to the expiration date for the permit. Any application to renew or amend such an existing permit shall contain the information under this section, provided:
(1)
The application may incorporate, by reference, the documentation
and record of the original application.
(2)
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.
(3)
The application shall state the reason why the authorized activity
or activities were not initiated or completed within the time specified
in the permit.
(4)
The application shall describe any changes in facts or circumstances
involved with or affecting wetlands or watercourses or the land for
which the permit was issued.
(5)
The Agency may, prior to the expiration of a permit, accept an untimely
application to renew such 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 renewed and the public
interest or environment will be best served by not interrupting the
activity.
J.
Any application to renew a permit shall be granted upon request of
the permit holder unless the Agency finds that there has been 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.
A.
All applications shall be submitted to a land use administrator or
a conservation official of the Town of Newtown.
B.
When an application to conduct or cause to be conducted a regulated
activity upon an inland wetland or watercourse is filed and any portion
of such wetland or watercourse is within 500 feet of the boundary
of another municipality, the applicant shall give written notice of
the application by certified mail, return receipt requested, on the
same day to the inland wetlands agency of such other municipality.
C.
Notification of adjoining municipalities.
(1)
The Agency 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 affected by a decision of the agency
is 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 on the site will flow through and significantly impact the
drainage or sewerage 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.
(2)
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.
D.
When an application is filed to conduct or cause to be conducted
a regulated activity upon an inland wetland or watercourse, any portion
of which is within the watershed of a water company as defined in
Section 16-1 of the Connecticut General Statutes, the applicant shall
provide written notice of the application to the water company, provided
such water company 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 Inland Wetlands Agency of such municipality. Such
notice shall be made by certified mail, return receipt requested,
and shall be mailed within seven days of the date of the application.
The water company, through a representative, may appear and be heard
at any hearing on the application. Documentation of such notice shall
be provided to the Agency.
E.
The date of receipt of a petition, application, request or appeal
shall be the day of the next regularly scheduled meeting of the Agency,
immediately following the day of submission to such Agency, or its
agent of such petition, application, request or appeal or 35 days
after such submission, whichever is sooner.
F.
At any time during the review period, the applicant shall provide additional information as the Agency may reasonably require. Requests for such additional information shall not stay the time limitations as set forth in § 510-11B of these regulations.
G.
All applications shall be open for public inspection.
H.
Incomplete applications may be denied.
I.
In the event that the Commission determines that the application could or would have a significant impact to the wetland or watercourse, the applicant may be asked to fund an independent technical assessment of the activity by a consultant selected by the Commission. This assessment shall be received by the Commission prior to the completion of the public hearing section of the application review. See § 510-19E.
A.
The Inland Wetland Agency shall not hold a public hearing on an application
unless the Inland Wetland Agency determines that the proposed activity
may have a significant impact on wetlands or watercourses, a petition
requesting a hearing and 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 is filed with the Agency not later
than 14 days after the date of submission of such application or the
Agency finds that a public hearing regarding such application would
be in the public interest. The Agency 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 receipt
of such application. Such hearing shall be held no later than 65 days
after the receipt of such application. All applications, maps and
documents relating thereto shall be open for public inspection. At
such hearing, any persons may appear and be heard and may be represented
by agent or by attorney.
B.
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 or watercourses are located.
C.
Notice to adjacent property owners. The applicant shall notify all
adjacent property owners of its submission of an application for a
license to conduct a regulated activity, on a form provided by the
Agency, by certified mail, return receipt requested, within five business
days of the date of a determination by the Agency that a public hearing
will be held. "Adjacent property owners" shall refer to all property
owners located in whole or in part within 500 feet of all boundary
lines of the applicant's property. The applicant or its designated
agent shall provide the Agency with a copy of the form of such notice
and its affidavit on a form provided by the Agency within 10 days
of the date of the application's acceptance. The Agency may deny the
application for failure to comply with the provisions of this subsection.
D.
In the case of any application which is subject to the notification provisions of § 510-8C of these regulations, a public hearing shall not be conducted until the Clerk of the adjoining municipality has received notice of the pendency of the application. Proof of such notification shall be entered into the hearing record by the applicant.
A.
The Agency may consider the following in making its decision on an
application:
(1)
The application and its supporting documentation;
(2)
For an application for which a public hearing is held, which may
include public comments, evidence and testimony;
(3)
Reports
from other agencies:
(a)
Reports from other agencies and commissions, including but not
limited to the Town of Newtown:
(b)
The Agency may also consider comments on any application from
the Northwestern Soil and Water Conservation District, the Housatonic
Council of Elected Officials and other regional organization agencies,
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;
B.
Criteria for decision. In carrying out the purposes and policies
of Sections 22a-36 to 22a-45 of the Connecticut General Statutes,
including matters relating to regulating, licensing and enforcing
the provisions thereof, the Agency shall take into consideration all
relevant facts and circumstances, including, but not limited to:
(1)
The environmental impact of the proposed regulated activity on wetlands
or watercourses;
(2)
The applicant's purpose for, and any feasible and prudent alternatives
to, the proposed regulated activity, which alternatives would cause
less or no environmental impact to wetlands or watercourses;
(3)
The relationship between the short-term and long-term impacts of
the proposed regulated activity on wetlands or watercourses and the
maintenance and enhancement of long-term productivity of such wetlands
or watercourses;
(4)
Irreversible and irretrievable loss of wetland or watercourse resources
which would be caused by the proposed regulated activity, including
the extent to which such activity would foreclose a future ability
to protect, enhance or restore such resources, and any mitigation
measures which may be considered as a condition of issuing a permit
for such activity, including, but not limited to, measures to:
(5)
The character and degree of injury to, or interference with, safety,
health or the reasonable use of property which is caused or threatened
by the proposed regulated activity; and
(6)
Impacts of the proposed regulated activity on wetlands or watercourses
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 or watercourses.
C.
In the case of an application which received a public hearing pursuant to § 510-9, if there is a finding by the Inland Wetland Agency that the proposed activity may have a significant impact on wetlands or watercourses, a permit shall not be issued unless the Commissioners find on the basis of the record that a feasible and prudent alternative does not exist. In making this finding, the Commissioners shall consider the facts and circumstances set forth in Subsection B. The finding and the reasons therefor shall be stated on the record in writing.
D.
In the case of an application which is denied on the basis of a finding
that there may be feasible and prudent alternatives to the proposed
regulated activity which have less adverse impact on wetlands or watercourse,
the Commissioners shall propose on the record in writing the types
of alternatives which the applicant may investigate, provided 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 alternatives
to the proposed regulated activity.
F.
A municipal inland wetlands agency 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 wetland or watercourses.
G.
In reaching its decision on any application after a public hearing,
the Agency shall base its decision on the record of that hearing.
Documentary evidence or other material not in the hearing record shall
not be considered by the Agency in its decision. A conclusion that
a feasible and prudent 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 regulation and Sections 22a-36 to 22a-45,
inclusive, of the Connecticut General Statutes.
A.
The Agency, or its duly authorized agent acting pursuant to § 510-12 of these regulations, may, in accordance with § 510-10 of these regulations, grant the application as filed or grant it upon other terms, conditions, limitations or modifications of the regulated activity or activities which are designed to carry out the purposes and policy of the Act, or deny the application. Such terms may include any reasonable measures which would mitigate the impacts of the regulated activity and which would:
B.
No later than 65 days after receipt of an application, the Agency
may hold a public hearing on such application. At such hearing, any
person or persons may appear and be heard and may be represented by
any agent attorney. The hearing shall be completed within 35 days
of its commencement. Action shall be taken on applications within
35 days after completion of a public hearing. In the absence 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 the periods specified in this subsection,
provided the total extension of all such periods shall not be for
longer than 65 days, or may withdraw such application. The failure
of the Agency to act within any time period specified in this subsection,
or any extension thereof, shall not be deemed to constitute approval
of the application. An application deemed incomplete by the Agency
shall be withdrawn by the applicant or denied by the Agency.
C.
The Agency shall state upon its record the reasons and bases for
its decision.
D.
The Agency shall notify the applicant and any person entitled to
such notice of its decision within 15 days of the date of the decision
by certified mail, return receipt requested, and the Agency shall
cause notice of its order in the issuance or denial of the permit
to be published in a newspaper having general circulation in the town
wherein the inland wetland 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.
E.
If any activity authorized by the inland wetland permit also involves
an activity which requires zoning or subdivision approval, special
zoning permit, variance or special exception, under Section 8-3(g),
8-3c, or 8-26 of the Connecticut General Statutes, the Agency shall
file a copy of the decision and report on the application with the
Town of Newtown Planning and Zoning Commission within 15 days of the
date of the decision thereon.
F.
Any permit issued by the Agency for the development of land for which
an approval is required under Section 8-3, 8-25 or 8-26 of the Connecticut
General Statutes shall be valid for five years, provided the Agency
may establish a specific time period within which any regulated activity
shall be conducted. Any permit issued by the Agency for any other
activity shall be valid for not less than two years and not more than
five years.
G.
No permit issued by the Agency shall be assigned or transferred without
the written permission of the Agency or its agent.
H.
If a bond or insurance is required in accordance with § 510-13 of these regulations, the Agency may withhold issuing the permit until such bond or insurance is provided.
I.
General provisions in the issuance of all permits.
(1)
The Agency has relied in whole or in part on information provided
by the applicant and if such information subsequently proves to be
false, deceptive, incomplete or inaccurate, the permit may be modified,
suspended or revoked.
(2)
All permits issued by the Agency are subject to and do not derogate
any present or future rights or powers of the Agency or the Town of
Newtown, 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 subject land or activity.
(3)
If the activity authorized by the Agency's permit also involves an
activity which requires zoning or subdivision approval, special permit,
variance or special exception, under Section 8-3(g), 8-3c, or 8-26
of the Connecticut General Statutes, no work pursuant to the wetland
permit may begin until such approval is obtained.
(4)
In constructing the authorized activities, the permittee shall implement
such management practices consistent with the terms and conditions
of the permit as needed to control stormwater discharges and to prevent
erosion and sedimentation and to otherwise prevent pollution of wetlands
and watercourses.
(5)
Permits are not transferable without the prior written consent of
the Agency or its agent.
A.
The Agency may delegate to its duly authorized agent the authority to approve or extend an activity that is not located in a wetland or watercourse when such agent finds that the conduct of such activity would result in no greater than a minimal impact on any wetlands or watercourses, provided such agent has completed the comprehensive training program developed by the Commissioner of Environmental Protection pursuant to Section 22a-39 of the Connecticut General Statutes. Requests for such approval shall be made on a form provided by the Agency and shall contain the information listed under § 510-7E of these regulations and any other information the Agency may reasonably require. Notwithstanding the provisions for receipt and processing applications prescribed in §§ 510-8, 510-9 and 510-11 of these regulations, such agent may approve or extend such an activity at any time.
B.
Any person receiving such approval from such agent shall, within 10 days of the date of such approval, publish, at the applicant's expense, notice of the approval in a newspaper having a general circulation in the town wherein the activity is located or will have an effect. Any person may appeal such decision of such agent to the Agency within 15 days after the publication date of the notice, and the Agency shall consider such appeal at its next regularly scheduled meeting, provided such meeting is no earlier than three business days after receipt by such Agency or its agent of such appeal. The Agency shall, at its discretion, sustain, alter, or reject the decision of its agent or require an application for a permit in accordance with § 510-7 of these regulations.
A.
Upon approval of the application and prior to issuance of a permit,
the applicant may, at the discretion of the Agency, be required to
file a bond with such surety, in such amount and in a form approved
by the Agency.
B.
The bond or surety shall be conditioned on compliance with all provisions
of these regulations and the terms, conditions and limitation established
in the permit.
C.
The Agency may require the applicant to certify that it has public
liability insurance against liability which might result from the
proposed activities or use of the wetlands or watercourses covering
any and all damage which might occur within two years of completion
of such activities, in an amount commensurate with the activity.
A.
The Agency may appoint an agent or agents to act in its behalf with the authority to inspect property, except 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. In carrying out the purposes of this section, the Agency or its duly authorized agent shall take into consideration the criteria for decision under § 510-10B of these regulations.
B.
The Agency or its agent may make regular inspections, at reasonable
hours, of all regulated activities for which permits have been issued
under these regulations.
C.
If the Agency or its designated agent finds that any person is conducting
or maintaining any activity, facility or condition which is in violation
of the Act or these regulations, the Agency or its duly authorized
agent may:
(1)
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 Agency 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 Agency shall consider the facts presented at
the hearing and, within 10 days of the completion of the hearing,
notify the person by certified mail that the original order remains
in effect, that a revised order is in effect, or that the order has
been withdrawn. The Agency 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 Agency affirms, revises or withdraws the order. The issuance
of an order pursuant to this subsection shall not delay or bar an
action pursuant to Section 22a-44b of the Connecticut General Statutes,
as amended.
(2)
Suspend or revoke a permit if it finds that the permittee has not
complied with the terms, conditions or limitations set forth in the
permit or has exceeded the scope of the work set forth in the application,
including application plans. Prior to revoking or suspending any permit,
the Agency shall issue notice to the permittee by certified mail,
return receipt requested, setting forth the facts or conduct which
warrants the intended action. The Agency shall hold a hearing to provide
the permittee an opportunity to show that it is in compliance with
its permit and any and all requirements for retention of the permit.
The permittee shall be notified of the Agency's decision to suspend,
revoke, or maintain a permit by certified mail within 15 days of the
date of its decision. The Agency shall publish notice of suspension
or revocation in a newspaper having general circulation in the municipality.
(3)
Issue a notice of violation to such person conducting such activity or maintaining such facility or condition, stating the nature of the violation, the jurisdiction of the Agency, and prescribing the necessary action and steps to correct the violation, including, without limitation, halting work to the wetlands and watercourses. The Agency may request that the individual appear at the next regularly scheduled meeting of the Agency 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 Subsection C(1) or other enforcement proceedings as provided by law.
D.
Any person who commits, takes part in, or assists in any violation
of any provision of Sections 22a-36 to 22a-45, inclusive, including
regulations adopted by the Commissioner and ordinances and regulations
promulgated by municipalities or districts pursuant to the grant of
authority herein contained, shall be assessed a civil penalty of not
more than $1,000 for each offense. Each violation of said sections
shall be a separate and distinct offense and, in the case of a continuing
violation, each day's continuance thereof shall be deemed to be a
separate and distinct offense. The Superior Court, in an action brought
by the Commissioner, municipality, district or any person, shall have
jurisdiction to a continuing violation of said sections, to issue
orders directing that the violations be corrected or removed and to
assess civil penalties pursuant to this section. All costs, fees and
expenses in connection with such action shall be assessed as damages
against the violator, together with reasonable attorney's fees which
may be allowed. All of which shall be awarded to the Commissioner,
municipality, district or person which brought such action. The moneys
collected pursuant to this section shall be used by the Commissioner
of Environmental Protection to restore the affected wetlands or watercourses
to their condition prior to the violation, wherever possible. Any
person who willfully or knowingly violates any provision of Sections
22a-36 to 22a-45, inclusive, shall be fined not more than $1,000 for
each day during which such violation continues or be imprisoned not
more than six months, or both. For a subsequent violation, such person
shall be fined not more than $2,000 for each day during which such
violation continues or be imprisoned not more than one year, or both.
For the purposes of this subsection, "person" shall be construed to
include any responsible corporate officer.
A.
These regulations and the Inland Wetlands and Watercourses Map, Newtown,
Connecticut, may be amended from time to time by the Agency in accordance
with changes in the Connecticut General Statutes or regulations of
the Connecticut Department of Environmental Protection, or as new
information regarding soils and inland wetlands and watercourses becomes
available.
B.
An application filed with the Agency which is in conformance with
the applicable inland wetlands regulations as of the date of the receipt
of such application shall not be required thereafter to comply with
any change in inland wetlands regulations or boundaries, including
changes to setbacks and buffers, 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 subsection shall
not be construed to apply to:
C.
These regulations and the Inland Wetlands and Watercourses Map, Newtown,
Connecticut, shall be amended in the manner specified in Section 22a-42a
of the Connecticut General Statutes, as amended. The Agency 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. Fee
schedules shall be adopted as Agency regulations or as otherwise provided
by municipal ordinance.
D.
Petitions requesting changes or amendments to the Inland Wetlands
and Watercourses Map, Newtown, Connecticut shall contain at least
the following information:
(1)
The petitioner's name, mailing address and telephone number;
(2)
The address, or location, of the land affected by the petition;
(3)
The petitioner's interest in the land affected by the petition;
(4)
A map(s) showing the geographic location of the land affected by
the petition and the existing and the proposed wetland(s) and watercourse(s)
boundaries on such land in accurate detail, together with the documentation
supporting such proposed boundary locations;
(5)
The reasons for the requested action;
(6)
The names and addresses of adjacent property owners; and
(7)
A map showing any proposed development of the land.
E.
Any person who submits a petition to amend the Inland Wetlands and Watercourses Map, Newtown, Connecticut, 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 Agency. If such person is the owner, developer, or contract purchaser of the land which is the subject of the petition, or if such person is representing the interests of such an owner, developer or purchaser, in addition to the information required in Subsection D, the petition shall include:
(1)
The name, mailing address and telephone number of the owner(s) of
such land and the owner's agent or other representative.
(2)
The names and mailing addresses of the owners of abutting land.
(3)
Documentation by a soil scientist of the distribution of wetland
soils on said land. Such documentation shall at minimum include a
report by a soil scientist depicting the location of wetland soils
on the land and a map of the land indicating the flag locations as
set by the soil scientist and defining the boundaries of wetland soil
types. These flags should be numbered and noted on the above wetland
and watercourse boundaries map.
(4)
A map(s) showing any proposed development of the land in relation
to existing and proposed wetland and watercourse boundaries. The soil
scientist who performed the field flagging must certify, by signing
the map, that the map has been inspected and the map depicts the actual
condition of the land as was found at the time of the flagging.
F.
Watercourses shall be delineated by a soil scientist, geologist,
ecologist or other qualified individual.
G.
A public hearing shall be held on petitions to amend the regulations
and Inland Wetlands and Watercourses Map. Notice of the hearing shall
be published in a newspaper having general 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. All materials, including
maps and documents relating to the petition, shall be open for public
inspection.
H.
The Agency 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 complete
within 35 days after commencement. The Agency shall act upon the changes
requested in such petition within 65 days after the 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 that all extensions of all such periods shall
not be for longer than 65 days, or may withdraw such petition. Failure
of the Agency to act within any time period specified in this subsection,
or any extension thereof, shall not be deemed to constitute approval
of the petition.
I.
The Agency shall make its decision and state in writing the reasons
why the change in the Inland Wetlands and Watercourses Map, Newtown,
Connecticut, was made.
A.
If there is a conflict among 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, subdivision or provision
of these regulations shall not affect the validity of any other part
which can be given effect without such invalid part or parts.
B.
If there as a conflict between the provisions of these regulations
and the provisions of the Act, the provisions of the Act shall govern.
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 Newtown, State of Connecticut
and the government of the United States, including any approval required
by the Connecticut Department of Environmental Protection and the
U.S. Army Corps of Engineers. Obtaining such assents, permits or licenses
is the sole responsibility of the applicant.
A.
Method of payment. All fees required by these regulations shall be
submitted to the Agency by personal check, certified check, or money
order payable to the Town of Newtown at the time the application is
filed with the Agency.
B.
No application shall be granted or approved by the Agency unless the correct application fee is paid in full or unless a waiver has been granted by the Agency pursuant to Subsection H of this section.
C.
The application fee is not refundable.
D.
The Commission shall collect these fees to help defray the costs
and expenses of carrying out its duties.
E.
A schedule of fees will be established annually by the Agency in
December. The fees will be effective for the following calendar year.
A filing fee as specified in the schedule of fees is payable at the
time an application is filed. An additional application fee may be
required at the discretion of the Agency when it finds that the nature
of the application requires an unusual degree of monitoring and inspection.
Upon the discovery of permit violations, the Agency may also require
an additional application fee to cover monitoring.
F.
If an activity has occurred prior to the submission of an application,
the Agency may require a filing fee to cover Agency costs including
but not limited to field inspections, public hearings, public notices
and consultants.
G.
Exemption. Boards, commissions, councils and departments of the Town
of Newtown are exempt from all fee requirements.
H.
Waiver.
(1)
The applicant may petition the Agency to waive, reduce or allow delayed
payment of the fee. Such petitions shall be in writing and shall state
fully the facts and circumstances the Agency should consider in its
determination under this subsection. The Agency may waive all or part
of the application fee if the Agency determines that:
(a)
The activity applied for would clearly result in a substantial
public benefit to the environment or to the public health and safety
and the applicant would reasonably be deterred from initiating the
activity solely or primarily as a result of the amount of the application
fee; or
(b)
The amount of the application fee is clearly excessive in relation
to the cost to the Town for reviewing and processing the application.
(2)
The Agency shall state upon its record the basis for all actions
under this subsection.
[1]
Editor's Note: See also Appendix B, Schedule of Fees, included
at the end of this chapter.
These regulations, including the Inland Wetlands and Watercourses
Map, Newtown, Connecticut, application forms, fee schedule and amendments
thereto 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 Newtown.
