[Ord. of 4-28-1988]
The inland wetlands and watercourses of the City of Milford are an indispensable and irreplaceable but fragile natural resource with which the citizens of the City have been endowed. The wetlands and watercourses are an interrelated web of nature essential to an adequate supply of surface and underground water; to hydrological stability and control of flooding and erosion; to the recharging and purification of groundwater; and to the existence of many forms of animal, aquatic and plant life. Many inland wetlands and watercourses have been destroyed or are in danger of destruction because of unregulated use by reason of the deposition, filling or removal of material, the diversion or obstruction of water flow, the erection of structures and other uses, all of which have despoiled, polluted, and eliminated wetlands and watercourses. Such unregulated activity has had, and will continue to have, a significant, adverse impact on the environment and ecology of the City of Milford and has and will continue to imperial the quality of the environment thus adversely affecting the ecological, scenic, historic and recreational values and benefits of the City for its citizens now and forever more.
The preservation and protection of the wetlands and watercourses from random, unnecessary, undesirable and unregulated uses, disturbance or destruction is in the public interest and is essential to the health, welfare and safety of the citizens of the City. It is, therefore, the purpose of this article to protect the citizens of the City of Milford by making provisions for the protection, preservation, maintenance and use of the inland wetlands and watercourses by minimizing their disturbance and pollution, maintaining and improving water quality in accordance with the highest standards set by federal, state or local authority; preventing damage from erosion. turbidity or siltation; preventing loss of fish and other beneficial aquatic organisms, wildlife and vegetation and the destruction of the natural habitats thereof; deterring and inhibiting the danger of flood and pollution; protecting the quality of wetlands and watercourses for their conservation, economic, aesthetic, recreational and other public and private uses and values; and protection of the City's potable fresh water supplies from the dangers of drought, overdraft, pollution, misuse and mismanagement by providing an orderly process to balance the need for the economic growth of the City of Milford 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 City, the safety of such natural resources for their benefit and enjoyment and for the benefit and enjoyment of generations yet unborn.
[Ord. of 4-28-1988]
There is hereby established the Inland Wetlands Agency of the City of Milford (hereinafter the "Agency"), consisting of nine members and two alternates. The Agency shall constitute the Inland Wetlands Agency which the City of Milford is required to establish pursuant to Section 22a-42(c) of the Connecticut General Statutes, as said section may be amended from time to time.
[Ord. of 4-28-1988; Ord. of 10-6-2005]
Four of the members of the Agency and one alternate shall be appointed by the Board of Aldermen, four of the members of the Agency and one alternate shall be appointed by the Mayor, and one of the members of the Agency shall be appointed by the Mayor from a list of candidates recommended by the Milford Planning and Zoning Commission. The member initially appointed by the Mayor based on the recommendations of the Planning and Zoning Commission, one of the members initially appointed by the Mayor, one of the members initially appointed by the Board of Aldermen and the initially appointed alternates shall serve until December 31, 1988; two of the members initially appointed by the Mayor and one of the members initially appointed by the Board of Aldermen shall serve until December 31, 1989; and one of the members initially appointed by the Mayor and two of the members initially appointed by the Board of Aldermen shall serve until December 31, 1990. At the expiration of the term of office of each member of the Agency and each alternate, his or her successor shall be appointed by the person or entity which appointed such member or alternate, and such successor shall serve for a term of three years.
[Ord. of 4-28-1988]
If any member of the Agency or any alternate ceases to be a member or alternate for any reason prior to the expiration of his or her term, the person or entity which appointed such member or alternate shall appoint a replacement to serve for the remainder of the existing term.
[Ord. of 4-28-1988]
The Agency is authorized and directed to carry out all duties and responsibilities of a municipal inland wetlands agency under Sections 22a-36 through 22a-45 inclusive, of the Connecticut General Statutes, as said sections may be amended from time to time, (the "Act") including, but not limited to, promulgating regulations; inventorying and indexing the wetlands and watercourses of the City of Milford; granting, denying, limiting or modifying each application for a license or permit for any proposed regulated activity (as defined in the Act). All such duties and responsibilities shall be carried out in accordance with and subject to any limitations, restrictions or considerations contained in the Act.
[Ord. of 4-28-1988]
Each member of the Agency shall, on or before the expiration of his or her first year of membership, complete a training program for inland wetlands members developed by the Commissioner of Environmental Protection of the State of Connecticut in accordance with Section 22a-39(1) of the Connecticut General Statutes, as said section may be amended from time to time, unless such training programs shall not be available.
[Ord. of 4-28-1988]
In order to carry out its purposes and to promote efficiency with respect to its duty to balance the needs of the economic growth of the City of Milford and the use of its land with the need to protect its environment and ecology, the Agency shall advise, consult and cooperate with other agencies of the City of Milford, the State of Connecticut and other municipalities in furtherance of the purposes hereof and of the Act.
[Ord. of 4-28-1988]
The Agency shall require a filing fee to be deposited with the Agency for each application for a license or permit for any proposed regulated activity. The amount of such fee shall be sufficient to cover the reasonable cost of reviewing and acting on applications and petitions, including, but not limited to, the costs of certified mailings, publications of notices and decisions and monitoring compliance with permit conditions or Agency orders.
[Added 9-12-2011; amended 12-3-2012]
(a) 
Filing fees as set forth in §18-166 above, excluding any portion required by the Connecticut General Statutes, for permit applications submitted as a result of damage sustained from a natural disaster, as declared by the Governor of the State of Connecticut, pursuant to Title V of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. §§ 5191 through 5193, as amended, and implementing regulations of 44 CFR Part 205, Subparts B and C, shall be waived with respect to any building, dwelling, structure or improvement located on any real property, only to the extent of said damage, in whole or in part. This waiver of fees may be applied retroactively. Any property owner seeking a retroactive refund pursuant to this section must make a written request to the Director of the Department of Permitting and Land Use, or designee, within one year of the issuance of said permit.
(b) 
To be eligible for the above permit fee waiver, property owners shall submit proof to the satisfaction of the Director of the Department of Permitting and Land Use, or designee, that the permit sought is strictly in connection with the replacement and/or repair of a building, dwelling, structure or improvement that sustained damage from a natural disaster, as declared by the Governor of the State of Connecticut and as set forth in Subsection (a) above. Such proof may include, but not be limited to, evidence of an insurance claim, architect’s certificate, engineer’s certificate or any other evidentiary information the Director of the Department of Permitting and Land Use or designee, may deem necessary.
[Added 8-3-2015]
(a) 
The Director of Permitting and Land Use or his designee, in consultation with the Inland Wetlands Compliance Officer, shall make a determination whether one or more outside consultant(s) are needed to analyze, review and report on areas requiring technical review. Such consultant(s) may include, but shall not be limited to, engineers, surveyors, soil scientists, wetland biologists and hydrologists.
(b) 
The Inland Wetlands Agency may also make a determination that one or more outside consultant(s) are needed. However, prior to making such a determination, the Inland Wetlands Agency shall ascertain that evidence in the record of the proceedings has been produced or is likely to be produced that requires the hiring of such consultant(s); that the Department staff will be unable to perform the technical review; and that adequate time exists for the applicant to review and respond to such consultant(s)' report(s).
(c) 
If such determination is made, the Director, or his designee, shall assess the reasonable cost for such consultant(s) to the applicant based upon a preliminary estimate from the consultant(s). The Director, or his designee, shall collect 150% of the estimate from the applicant, which amount shall be held in a special revenue account to be created by the Finance Director until the technical review(s) are completed. Any amount in excess of the actual cost(s) shall be refunded to the applicant. This payment shall be considered an integral component of the application. The failure by the applicant to make this payment shall render the application incomplete.