Town of Newtown, CT Inland Wetlands and Watercourses

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.

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.

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.

These regulations shall be known as the "Inland Wetlands and Watercourses Regulations of the Town and Borough of Newtown, Connecticut."

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]

COMMISSIONER OF ENVIRONMENTAL PROTECTION

Editor's Note: See Ch. 227, Wetlands and Watercourses.

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.

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.

§ 510-2 Definitions.

As used in these regulations, the following terms shall have the meanings indicated:

ACT

The Inland Wetlands and Watercourse Act, Sections 22a-36 through 22a-45 of the Connecticut General Statutes, as amended.

AGENCY

The Inland Wetlands Commission of the Town of Newtown, Connecticut acting as the Inland Wetlands and Watercourses Agency.

BOGS

Watercourses distinguished by evergreen trees and shrubs underlain by peat deposits, poor or very poor drainage, and highly acidic conditions.

CLEAR-CUTTING

The harvest of timber in a fashion which removes all trees down to a two-inch diameter at breast height.

COMMISSION MEMBER

A member of the Inland Wetlands Commission of the Town of Newtown, Connecticut.

The Commissioner of the State of Connecticut Department of Environmental Protection.

CONTINUAL FLOW

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.

DEPOSIT

Includes, but shall not be limited to, fill, grade, dump, place, discharge or emit.

DESIGNATED AGENT

An individual designated by the Agency to carry out its functions and purposes.

DISCHARGE

Emission of any water, substance, or material into wetlands or watercourses, whether or not such substance causes pollution.

DISTURB THE NATURAL AND INDIGENOUS CHARACTER OF THE WETLAND OR WATERCOURSE

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.

ESSENTIAL TO THE FARMING OPERATION

That the proposed activity is necessary and indispensable to sustain farming activities on an existing farm.

FARMING

Shall be consistent with the definition as noted in Section 1-1(q), as amended, of the Connecticut General Statutes (see Appendix A[1]).

FEASIBLE

Able to be constructed or implemented consistent with sound engineering principles.

GARDENING

The tilling of soil, planting, cultivating and harvesting of vegetable matter.

GRAZING

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.

HARVESTING OF CROPS

Gathering plants or animals or plant or animal products which have been grown to be harvested.

LICENSE

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.

MANAGEMENT PRACTICE

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.

MARSHES

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.

MATERIAL

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.

MUNICIPALITY

The Town and Borough of Newtown, Connecticut.

NURSERIES

Places where plants are grown for sale, transplanting, or experimentation.

ORDINARY HIGH WATER MARK

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.

PERCENT SLOPE

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.

PERMIT

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.

PERMITTEE

The person to whom a permit has been issued.

PERSON

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.

POLLUTION

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.

PRUDENT

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.

REGULATED ACTIVITY

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:

Within 200 feet measured horizontally from the ordinary high water mark of Taunton Pond, Lake Zoar, or Lake Lillinonah; and

RENDERING UNCLEAN OR IMPURE

On the land within 100 feet measured horizontally from the boundary of any wetlands or watercourse.

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.

REGULATED AREA

Any wetlands or watercourses as defined in these regulations.

REMOVE

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.

SIGNIFICANT IMPACT ACTIVITY

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.

SOIL SCIENTIST

An individual duly qualified in accordance with standards set by the federal Office of Personnel Management.

SUBMERGED LANDS

Those lands which are inundated by water on a seasonal or more frequent basis.

SWAMPS

Watercourses that are distinguished by the dominance of wetland trees and shrubs.

TOWN

The Town and Borough of Newtown, Connecticut.

UPLAND REVIEW AREA

Any area where an activity is likely to have an adverse impact on an adjacent wetland or watercourse.

VERNAL POOL

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.

WASTE

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.

WATERCOURSES

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.

WETLANDS

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.

Editor's Note: Appendix A is included at the end of this chapter.

§ 510-3 Inventory of inland wetlands and watercourses.

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.

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.

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.

All map amendments are subject to the public hearing process outlined in § 510-15 of these regulations.

§ 510-4 Permitted uses as of right and nonregulated uses.

The following operations and uses shall be permitted in inland wetlands and watercourses as of right:

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;

Editor's Note: Appendix A is included at the end of this chapter.

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;

Boat anchorage or mooring, not to include dredging or dock construction;

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.

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.

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.

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:

Conservation of soil, vegetation, water, fish, shellfish, and wildlife.

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.

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.

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.

§ 510-5 Activities regulated by Commissioner of Environmental Protection.

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.

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.

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.

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.

§ 510-6 Regulated activities to be licensed.

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.

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.

§ 510-7 Application requirements.

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.

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.

All applications shall contain such information that is necessary for a fair and informed determination of the issues.

A prospective applicant may request the Agency to determine whether or not a proposed activity involves a significant impact activity.

All application shall include the following information in writing or on maps or drawings:

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.

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.

Applicant's interest in the land.

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.

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:

Prevent or minimize pollution or other environmental damage;

Maintain or enhance existing environmental quality; or

In the following order of priority: restore, enhance, or create productive wetland or watercourse resources.

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.

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:

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;

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;

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;

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;

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;

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.

The applicant shall certify whether:

Any portion of the property on which the regulated activity is proposed is located within 500 feet of the boundary of an adjoining municipality;

Traffic attributable to the completed project on the site will use streets within the adjoining municipality to enter or exit the site;

Sewer or water drainage from the project site will flow through and impact the sewage or drainage system within the adjoining municipality; or

Water run-off from the improved site will impact streets or other municipal or private property within the adjoining municipality.

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.

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:

The application may incorporate, by reference, the documentation and record of the original application.

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.

The application shall state the reason why the authorized activity or activities were not initiated or completed within the time specified in the permit.

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.

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.

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.

§ 510-8 Application procedures.

All applications shall be submitted to a land use administrator or a conservation official of the Town of Newtown.

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.

Notification of adjoining municipalities.

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:

Any portion of the property affected by a decision of the agency is within 500 feet of the boundary of an adjoining municipality;

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;

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.

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.

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.

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.

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.

All applications shall be open for public inspection.

Incomplete applications may be denied.

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.

§ 510-9 Public hearings.

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.

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.

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.

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.

§ 510-10 Considerations for decision.

The Agency may consider the following in making its decision on an application:

The application and its supporting documentation;

For an application for which a public hearing is held, which may include public comments, evidence and testimony;

Reports from other agencies:

Reports from other agencies and commissions, including but not limited to the Town of Newtown:

Conservation Commission and/or its agent(s).

[2]

Planning and Zoning Commission and/or its agent(s).

Building Official.

Health Officer.

Town Engineer.

First Selectman and/or his/her agent(s).

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;

Nonreceipt of comments from agencies and commissions listed in Subsection A(3)(a) and (b) above within the prescribed time shall neither delay nor prejudice the decision of the Agency.

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:

The environmental impact of the proposed regulated activity on wetlands or watercourses;

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;

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;

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:

Prevent or minimize pollution or other environmental damage;

Maintain or enhance existing environmental quality; or

In the following order or priority: restore, enhance and create productive wetland or watercourse resources;

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

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.

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.

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.

For purposes of this section:

"Wetlands and watercourse" includes aquatic, plant or animal life and habitats in wetlands or watercourses; and

"Habitats" means areas or environments in which an organism or biological population normally lives or occurs.

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.

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.

§ 510-11 Decision process and permit issuance.

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:

Prevent or minimize pollution or other environmental damage;

Maintain or enhance existing environmental quality; or

In the following order of priority: restore, enhance and create productive wetland or watercourse resources.

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.

The Agency shall state upon its record the reasons and bases for its decision.

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.

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.

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.

No permit issued by the Agency shall be assigned or transferred without the written permission of the Agency or its agent.

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.

General provisions in the issuance of all permits.

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.

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.

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.

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.

Permits are not transferable without the prior written consent of the Agency or its agent.

§ 510-12 Action by duly authorized agent.

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.

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.

§ 510-13 Bond and insurance.

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.

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.

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.

§ 510-14 Enforcement; penalties for offenses.

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.

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.

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:

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.

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.

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.

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.

§ 510-15 Amendments.

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.

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:

The establishment, amendment or change of boundaries of inland wetlands or watercourses; or

Any change in regulations necessary to make such regulations consistent with the provisions of the Act as of the date of such receipt.

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.

Petitions requesting changes or amendments to the Inland Wetlands and Watercourses Map, Newtown, Connecticut shall contain at least the following information:

The petitioner's name, mailing address and telephone number;

The address, or location, of the land affected by the petition;

The petitioner's interest in the land affected by the petition;

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;

The reasons for the requested action;

The names and addresses of adjacent property owners; and

(7)

A map showing any proposed development of the land.

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:

The name, mailing address and telephone number of the owner(s) of such land and the owner's agent or other representative.

The names and mailing addresses of the owners of abutting land.

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.

Watercourses shall be delineated by a soil scientist, geologist, ecologist or other qualified individual.

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.

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.

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.

§ 510-16 Appeals.

Appeal on actions of the Agency shall be made in accordance with the provisions of Section 22a-43 of the Connecticut General Statutes, as amended.

Notice of such appeal shall be served upon the Agency and the Commissioner of Environmental Protection.

§ 510-17 Conflict and severability.

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.

If there as a conflict between the provisions of these regulations and the provisions of the Act, the provisions of the Act shall govern.

§ 510-18 Other permits.

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.

§ 510-19 Application fees. [1]

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.

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.

The application fee is not refundable.

The Commission shall collect these fees to help defray the costs and expenses of carrying out its duties.

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.

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.

Exemption. Boards, commissions, councils and departments of the Town of Newtown are exempt from all fee requirements.

Waiver.

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:

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

The amount of the application fee is clearly excessive in relation to the cost to the Town for reviewing and processing the application.

The Agency shall state upon its record the basis for all actions under this subsection.