[HISTORY: Adopted by the Conservation, Inland Wetlands and
Watercourses Commission of the Town of Wolcott as last amended 3-28-2006, effective 4-12-2006. Subsequent amendments noted where applicable.]
A.
The inland wetlands and watercourses of the Town of Wolcott are an
indispensable and irreplaceable but fragile natural resource with
which the citizens of the Town 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 Town of Wolcott 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 Town. It is, therefore, the purpose of these regulations
to protect the citizens of the Town by making provisions for the protection,
preservation, maintenance and use of the inland wetlands and watercourses
by minimizing their disturbance and pollution; maintaining and improving
water quality in accordance with the highest standards set by federal,
state or local authority; preventing damage from erosion, turbidity
or siltation; preventing loss of fish and other beneficial aquatic
organisms, wildlife and vegetation and the destruction of the natural
habitats thereof; deterring and inhibiting the danger of flood and
pollution; protecting the quality of wetlands and watercourses for
their conservation, economic, aesthetic, recreational and other public
and private uses and values; and protecting the Town'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 Town 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 Town 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 of Wolcott."
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 Commission shall enforce the Inland Wetlands and Watercourses
Act and shall issue, issue with terms, conditions, limitations or
modifications, or deny permits for all regulated activities in the
Town of Wolcott pursuant to Sections 22a-36 to 22a-45a, 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 Watercourses Act, Sections 22a-36
through 22a-45a, inclusive, of the Connecticut General Statutes, as
amended.
The Conservation, Inland Wetlands and Watercourses Commission
of the Town of Wolcott.
Any person, as defined in this § 400-2, wishing to undertake as activity regulated by the Conservation, Inland Wetlands and Watercourses Commission of the Town of Wolcott.
Areas distinguished by evergreen trees and shrubs underlain
by peat deposits, 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.
The removal of all vegetation, including stumps.
The Conservation, Inland Wetlands and Watercourses Commission
of the Town of Wolcott.
A member of the Conservation, Inland Wetlands and Watercourses
Commission of the Town of Wolcott.
The Commissioner of the State of Connecticut Department of
Energy and 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.
The Chairman of the Conservation, Inland Wetlands and Watercourses
Commission and/or any other individual(s) designated by the Conservation,
Inland Wetlands and Watercourses Commission 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 the farm.
Use of land for the growing of crops, raising of livestock
or other agricultural use.
Able to be constructed or implemented consistent with sound
engineering principles.
Those maps which are approved by the Commission and listed
in Appendix A of these regulations showing general locations and boundaries
of the inland wetlands and watercourses in the Town of Wolcott, Connecticut.[1]
The whole or part of any permit, certificate of approval
or similar form of permission which may be required of any person
by the provisions of these regulations under the authority of the
Conservation, Inland Wetlands and Watercourses Commission.
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.
Areas with soils that exhibit aquatic moisture regimes and
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 water table
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 of Wolcott.
Land used for propagating trees, shrubs or other plants for
transplanting, sale, or for use as stock for grafting.
The whole or any part of any license, certificate or approval
or similar form of permission which may be required of any person
by the provisions of these regulations and the Act or other municipal,
state and federal law.
The person to whom a permit has been issued.
Any person, firm, partnership, association, corporation,
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 wetland or watercourse involving removal or deposition of material, or any obstruction, construction, alteration or pollution of such wetlands or watercourses, and any earth moving, removal or deposition of material, obstruction, construction, clear-cutting or clearing and grubbing within areas of the Town prone to intermittent flooding and the areas adjacent to wetlands and watercourses located within the following horizontal distances of the wetlands and watercourses, not all of which may be specifically delineated on the maps entitled "Inland Wetlands and Watercourses Maps, Town of Wolcott, Connecticut" due to imperfections in printing and mapping scale, as well as within any area defined as an "Upland Review Area"; but shall not include the specified activities in § 400-4 of these regulations.
New Britain Reservoir: 500 feet from the high water mark.
Southington Reservoir #2: 500 feet from the high water mark.
All watercourses feeding directly into the above-cited reservoirs:
100 feet from mid-channel.
Chestnut Hill Reservoir: 100 feet from the high water mark.
Scovill Reservoir: 100 feet from the high water mark.
All watercourses and water bodies not listed above: 100 feet
from the boundary.
Wetlands: 100 feet from the boundary.
"Wetlands" and "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 wetland or watercourse.
Any activity which damages or destroys unique wetland or watercourse
areas or such areas having demonstrable scientific or educational
value.
An individual duly qualified in accordance with standards
set by the federal Bureau of Personnel Management.
Those lands which are inundated by water on a seasonal or
more frequent basis.
Areas with soils that exhibit aquic moisture regimes and
are distinguished by the dominance of wetland trees and shrubs.
The Town of Wolcott.
The reallocation of a valid inland wetlands and watercourses
permit to conduct a regulated activity in a regulated area to a new
owner of the property on which the regulated activity is to occur.
A transfer permit is required.
Any area surrounding wetlands and watercourses, determined
by a municipal inland wetlands commission for the purpose of informing
the public and managing application reviews, in which commission regulation
shall be assumed until determined otherwise. While requiring a permit
for specified activities within defined upland review boundaries,
wetland commissions still maintain their authority to regulate proposed
activities located in more distant upland areas if they find that
the activities are likely to impact or affect a wetland or watercourse.
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:
Land, including submerged land not regulated pursuant to
Sections 22a-28 to 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
Soil Survey, as may be amended from time to time, of the Natural Resources
Conservation Service of the United States Department of Agriculture
(USDA). Such areas may include filled, graded, or excavated sites
which possess an aquic (saturated) soil moisture regime as defined
by the USDA Cooperative Soil Survey.
Activity pursued to restore a damaged, polluted, and/or altered
wetland to its natural state and function.
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
A.
The map of regulated areas entitled "Inland Wetlands and Watercourses
Map, Wolcott, Connecticut" delineates the general location and boundaries
of inland wetlands and the general location of watercourses. Copies
of this map are available for inspection at the office of the Commission.
In all cases, the precise location of regulated areas shall be determined
by the actual character of the land, the distribution of wetland soil
types and the location of watercourses. The Commission may use aerial
photography, remote-sensing imagery, resource mapping, soils maps,
site inspection observations or other information in determining the
location of the boundaries of wetlands and watercourses.
B.
Any owner who disputes the designation of any part of his or her land as a regulated area on the Inland Wetlands and Watercourses Map may petition the Commission to change the designation in accordance with § 400-15 of these regulations. 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 provide proof that the designation is inapplicable. The Commission may require such an owner to provide an accurate delineation of regulated areas in accordance with § 400-15 of these regulations.
C.
The Commission or its designated agent(s) shall maintain a current inventory of regulated areas within the Town. The Commission may amend its map as more accurate information becomes available. Any person may petition for an amendment to the map. Petitioners shall bear the burden of proof for all requested map amendments. Such proof may include, but not be limited to, aerial photography, remote sensing imagery, resource mapping or other available information. Such map amendments are subject to the public hearing process outlined in § 400-15 of these regulations.
D.
The Commission and/or its designated agent shall routinely monitor
and maintain a general surveillance of the regulated areas within
the Town to ensure that no unauthorized regulated activities occur
and that permitted activities occur within permit limitations.
E.
The Commission may require that the designation of the regulated
area boundary, as referenced on the map accepted by the Commission
at the time a permit is granted, shall be recorded on the deed to
the property along with the following deed restriction: "It has been
determined by the Wolcott Conservation, Inland Wetlands and Watercourses
Commission that Wetlands or Regulated Areas as defined by the Wolcott
Inland Wetlands and Watercourses Regulations are present on the property.
Any activity in the Wetland and/or Regulated Area must have prior
approval/permitting by the Conservation, Inland Wetlands and Watercourses
Commission of the Town of Wolcott."
[1]
Editor's Note: See Appendix A, included as an attachment to this chapter.
A.
The following operations and uses shall be permitted in inland wetlands
and watercourses, as of right:
(1)
Grazing, farming, nurseries, gardening and harvesting of crops and
farm ponds of three acres or less essential to the farming operation
and activities conducted by or under the authority of, the Department
of Energy and Environmental Protection for the purposes of wetland
or watercourses restoration or enhancement or mosquito control. The
provisions of this subsection shall not be construed to include road
construction or the erection of buildings not directly related to
the farming operation, relocation of watercourses with continual flow,
filling or reclamation of wetlands or watercourses with continual
flow, clear cutting of timber except for the expansion of agricultural
crop land, or the mining of topsoil, peat, sand, gravel or similar
material from wetlands or watercourses for the purposes of sale.
(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, 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 through 22a-411a of the Connecticut General Statutes.
(6)
Maintenance relating to any drainage pipe which existed before the
effective date of any municipal regulations 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 which 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.
Such operation or use may include, but is not limited to, minor work
to control erosion, or to encourage proper fish, wildlife and silviculture
management practices.
(2)
Outdoor recreation, including the use of play and sporting areas,
golf courses, field trials, 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, excavating, dredging, clear cutting, clearing, or grading or any other alteration or use of a wetland or watercourse not specifically permitted by this section and otherwise defined as a regulated activity by these regulations shall require a permit from the Commission in accordance with § 400-6 of these regulations.
D.
To carry out the purposes of this section, any person proposing to
carry out a permitted or nonregulated operation or use of a wetland
or watercourse that may disturb the natural and indigenous character
of the wetland or watercourse shall, prior to commencement of such
operation or use, notify the Commission on a form provided by it,
titled "Notification of Intent to Conduct a Permitted or Nonregulated
Activity," and provide the Commission 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 Commission 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. Such ruling shall be in writing and
shall be made no later than the next regularly scheduled meeting of
the Commission following the meeting at which the request was received.
The designated agent for the Commission may make such ruling on behalf
of the Commission at any time.
A.
In addition to any permit or approval required by the Commission,
the Commissioner of the Department of Energy and Environmental Protection
shall regulate activities in or affecting wetlands or watercourses
subject to the following jurisdiction:
(1)
Construction or modification of any dam pursuant to Sections 22a-401
through 22a-411 of the Connecticut General Statutes, as amended.
(2)
Construction, encroachment or placement of any obstruction within
stream channel encroachment lines pursuant to Sections 22a-342 through
22a-349a of the Connecticut General Statutes, as amended.
(3)
Construction or placement of any structure or obstruction within
the tidal, coastal or navigable waters of the state pursuant to Sections
22a-359 through 22a-363 of the Connecticut General Statutes, as amended,
or in designated tidal wetlands pursuant to Sections 22a-28 through
22a-35 of the Connecticut General Statutes, as amended.
(4)
Diversion of water, including withdrawals of surface water or groundwater
in excess of 50,000 gallons per day or any piping, culverting, channelization,
relocation, damming or other alteration of the location of flow of
any surface waters of the state where the tributary watershed area
above the point of such alteration is 100 acres or larger, pursuant
to Sections 22a-365 through 22a-378a of the Connecticut General Statutes,
as amended.
(5)
Discharges into the waters of the state pursuant to Section 22a-430
of the Connecticut General Statutes, as amended.
(6)
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.
B.
The Commissioner of the Department of Energy and Environmental Protection
shall have exclusive jurisdiction over regulated activities in or
affecting wetlands or watercourses, undertaken by any department,
commission 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.
C.
The Commissioner of the Department of Energy and 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.
D.
The Commissioner of the Department of Energy and Environmental Protection
shall have exclusive jurisdiction over activities authorized under
a dam repair or removal order issued by the Commissioner of Energy
and Environmental Protection under Section 22a-402 of the Connecticut
General Statutes or a dam construction permit issued by the Commissioner
of Energy and Environmental Protection under Section 22a-403 or 22a-41
of the Connecticut General Statutes. Any person receiving such dam
repair or removal order or dam construction permit shall not be required
to obtain a permit from a municipal wetlands commission for any action
necessary to comply with said dam order or to carry out the activities
authorized by said dam permit.
A.
No person shall conduct or maintain a regulated activity without
first obtaining a permit for such activity from the Conservation,
Inland Wetlands and Watercourses Commission of the Town of Wolcott.
B.
The Commission shall regulate any operation within or use of a regulated area involving removal or deposition of materials, or any obstruction, construction, alteration or pollution of such regulated area and any other regulated activity, unless such operation or use is permitted or nonregulated pursuant to § 400-4 of these regulations.
C.
The Commission shall regulate any operation or activity outside of the regulated area which has resulted in materials or pollution, as defined in § 400-2 of these regulations, entering, or being in immediate danger of entering, a regulated area. This provision shall come into effect automatically when the soil erosion and sediment control plan of any project or activity within the Town is found to be inadequate or nonexistent and as a result has immediately endangered any regulated area within or bordering upon the Town, including the storm drainage system.
(1)
Under this section, all activity on the site shall stop upon discovery of the incursion, either voluntarily or as a result of an action taken in conformance with § 400-14C of these regulations. Once stopped, the project shall not be allowed to continue until an adequate soil erosion and sediment control plan is prepared and an inland wetlands and watercourses permit is applied for and issued.
(2)
This provision shall not take effect if:
(a)
The danger to the regulated area is contained within 24 hours
of its inception; and
(b)
The soil erosion and/or sediment control barriers are modified,
repaired or replaced within 48 hours, as dictated by the incident;
and
(c)
The Conservation, Inland Wetlands and Watercourses Commission
is notified of the failure and the Commission or its designated enforcement
agent approves the plan to remove the offending material or pollution
from the vicinity of the regulated area.
(3)
If wetlands restoration activity is deemed to be required by the
Commission, a permit will be mandatory.
D.
Any person found to be conducting or maintaining a regulated activity without the prior authorization of the Commission, or violating any other provision of these regulations, shall be subject to the enforcement proceedings and penalties prescribed in § 400-14 of these regulations, fee adjustments as prescribed in § 400-19 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 a form provided by the Commission. The application shall contain
the information described in this section and any other information
the Commission may reasonably require. Application forms may be obtained
in the offices of the Commission.
B.
If an application to the Town of Wolcott Planning and Zoning Commission for subdivision or resubdivision of land involves land containing a wetland or watercourse, the applicant shall, in accordance with Chapter 124, 124b, 126 or 126a, as applicable, of the Connecticut General Statutes, submit an application for a permit to the Commission in accordance with this section. Any changes or modifications required for approval by the Planning and Zoning Commission which vary from an application approved by the Conservation, Inland Wetlands and Watercourses Commission must be submitted and described within a new application to the Conservation, Inland Wetlands and Watercourses Commission.
C.
The application shall contain such information as is necessary for
a fair and informed determination thereon by the Commission.
D.
A prospective applicant may request the Commission to determine whether
or not a proposed activity involves a significant impact activity.
E.
All applications shall include the following information in writing
or on maps or drawings:
(1)
The applicant's name in printed form, as well as a signature sign-off,
home and business mailing addresses and telephone number(s);
(2)
The name, address and phone number(s) of any agent contracted by
the applicant (i.e., consultant, soil scientist, engineer) shall also
be listed within the application form, with a printed identification
of the primary contact's name and also including a sign-off by that
contact for each such agent;
(3)
The owner's name, mailing address and telephone number and written
consent of the landowner if the applicant is not the owner of the
land upon which the subject activity is proposed;
(4)
The applicant's interest in the land;
(5)
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;
(6)
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:
(7)
Alternatives considered and subsequently rejected by the applicant
and why the alternative as set forth in the application was chosen;
all such alternatives shall be diagrammed on a site plan or drawing;
(8)
A site plan showing the proposed activity and existing and proposed conditions in relation to wetlands and watercourses, the boundaries of which shall be clearly marked and color coded (wetlands identified by green coloring, watercourses by pink, and regulated areas by yellow) and identifying any further activities associated with, or reasonably related to, the proposed regulated activity which are made inevitable by the proposed regulated activity and which may have an impact on wetlands or watercourses; the site plan should also include specific proposed locations at which permanent markers described in § 400-11I(11) will be subsequently placed, as condition of permit issuance, to clearly demarcate the boundary of regulated areas;
(9)
Names and mailing addresses of adjacent landowners;
(10)
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;
(11)
Authorization for the members and agents of the Commission to
inspect the subject land, at reasonable times, both before and after
a final decision has been issued;
(12)
A completed DEEP reporting form; the Commission shall revise
or correct the information provided by the applicant and submit the
form to the Commissioner of the Department of Energy and Environmental
Protection in accordance with Section 22a-39-14 of the Regulations
of Connecticut State Agencies;
(13)
Any other information the Commission deems necessary to the
understanding of what the applicant is proposing;
(14)
Submission of the appropriate filing fee based on the fee schedule established in § 400-19 of these regulations;
(15)
Local or street on-site blow-up map section included on map/site
plan;
(16)
The Town Engineer shall note upon those plans which he reviewed
the date of that review.
F.
If the proposed activity involves a significant impact activity as
determined by the Commission, 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, marked and color coded (green for wetlands boundaries,
pink for watercourses and yellow for regulated area boundaries), land
contours, boundaries of landownership, proposed alterations and uses
of wetlands and watercourses, and other pertinent features of the
land and the proposed activity, prepared by a professional engineer,
land surveyor, architect or landscape architect licensed by the state,
or by such other qualified person;
(2)
Engineering reports and analyses and additional drawings to fully
describe the proposed activity, including any filling, excavation,
drainage or hydraulic modifications to a watercourse 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. Natural Resources
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 activity 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, and a description
of why each alternative considered was deemed neither feasible nor
prudent;
(6)
Analysis of chemical or physical characteristics of any fill material;
and
(7)
Management practices and other measures designed to mitigate the
impact of the proposed activity.
G.
Certifications.
(1)
The
applicant shall certify whether:
(a)
Any portion of the property on which the regulated activity
is proposed is located within 500 feet of the boundary of an adjoining
municipality;
(b)
Traffic attributable to the completed project on the site will
use streets within the adjoining municipality to enter or exit the
site;
(c)
Sewer or water drainage from the project site will flow through
and impact the sewage or drainage system within the adjoining municipality;
or
(d)
Water run-off from the improved site will impact streets or
other municipal or private property within the adjoining municipality.
(2)
A copy of all drainage and run-off calculations used to reach the
above conclusions shall be included with the application.
H.
Twelve copies of all application materials shall be submitted to
comprise a complete application unless an applicant is otherwise directed,
in writing, by the Commission.
I.
Any application to renew or amend an existing permit shall be filed with the Commission in accordance with § 400-8 of these regulations at least 65 days prior to the expiration date of the permit. Any application to renew or amend such an existing permit shall contain the information required under this § 400-7, provided:
(1)
The application may incorporate the documentation and record of the
prior 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
was 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 use of the
land for which the permit was issued;
(5)
The Commission 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 Commission finds that there has been
a substantial change in circumstances which requires a new permit
application or an enforcement action has been undertaken with regard
to the regulated activity for which the permit was issued, provided
no permit may be valid for more than 10 years.
K.
Installation of environmentally protective measures such as silt
fences and tracking pads shall be completed at the time of application
and before the permit can be granted.
A.
All applications shall be submitted to the Conservation, Inland Wetlands
and Watercourses Commission of the Town of Wolcott.
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 commission of such other municipality.
C.
Notification of adjoining municipalities.
(1)
The Commission shall, in accordance with Connecticut General Statutes
Section 8-7d, notify the Clerk of any adjoining municipality of the
pendency of any application to conduct a regulated activity when:
(a)
Any portion of the property on which the regulated activity
is proposed is located within 500 feet of the boundary of an adjoining
municipality;
(b)
A significant portion of the traffic to the completed project
on the site will use streets within the adjoining municipality to
enter or exit the site;
(c)
A significant portion of the sewer or water drainage from the
project site will flow through and significantly impact the sewage
or drainage system within the adjoining municipality; 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 commission 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 Commission.
E.
The date of receipt of any application shall be the day of the next
regularly scheduled meeting of the Commission immediately following
the day of submission to the Commission, provided such meeting is
no earlier than 10 business days after receipt, or 35 days after such
submission, whichever is sooner.
F.
At any time during the review period, the applicant shall provide such additional information as the Commission may reasonably require. Requests for such additional information shall not stay the time limitations as set forth in § 400-11B of these regulations.
G.
All applications shall be open for public inspection.
H.
Incomplete applications may be denied.
A.
The Commission shall not hold a public hearing on an application
unless the Commission determines that the proposed activity may have
a significant impact on wetlands or watercourses or a petition signed
by at least 25 persons requesting a hearing is filed with the Commission
not later than 14 days after the submission of such application or
the Commission finds that a public hearing regarding such application
would be in the public interest. The Commission may issue a permit
without a public hearing, provided no petition provided for in this
section is filed with the Commission on or before the 14th day after
the date of receipt of the application. Such hearing shall be held
no later than 65 days after the receipt of such application. All applications
and maps and documents relating thereto shall be open for public inspection.
Any person may appear and be heard at any public hearing.
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 wetland and watercourse is located.
Said legal notice shall give adequate information about the nature
of the proposed activity and the general location of the property,
sufficient to apprise those who may be affected by the proposed activity
so as to enable them to prepare intelligently for the hearing. Notice
shall be mailed to persons who own land that is adjacent to the land
that is the subject of the hearing or be provided by posting a sign
on the land that is the subject of the hearing.
C.
Each application involving a significant activity shall be accompanied
by a list of names and addresses of the owners of all properties or
portions of properties situated within 100 feet of the site of the
proposed activity, as indicated on the most recent records on file
in the Town of Wolcott Tax Assessor's office. The applicant shall
mail notification of said pending application to at least one owner
of record of each of said properties not more than 15 days but not
less than 10 days prior to the date set for the public hearing. The
text of said notice shall be the public hearing notice provided by
the Commission, including a general description of the proposed activity.
Evidence of such mailings, in the form of U.S. Postal Office Certificates
of Mailing accompanied by a copy of the materials mailed, shall be
submitted to the Commission, together with the duplicate list of the
above-noted property owners not less than five days prior to the public
hearing date. Failure to comply with any of the procedures required
herein shall be deemed a valid basis for denial of the application,
but shall not result in an automatic denial. In the case of the properties
held in joint or multiple ownership, notification to a condominium
officer or director, a corporate officer, a partner or other persons
having a partial ownership fee interest in the property shall be considered
adequate notification to all co-owners or parties in interest. These
written notification requirements are in addition to any statutorily
mandated public notice requirements. Therefore, the Commission shall
be the sole judge of the adequacy of notice in the event of any dispute
as to proper and adequate notification, incorrect address or the inadvertent
failure of a property owner to be notified. Furthermore, any deficiency,
whether perceived or real, in the above-noted notification procedure
shall not be construed as an automatic invalidation of any decision
of the Commission on that application and shall not be considered
jurisdictional.
D.
In the case of any application which is subject to the notification provisions of § 400-8C of these regulations, a public hearing shall not be conducted until the Clerk of the adjoining municipality(ies) has received notice of the pendency of the application. Proof of such notification shall be entered into the hearing record.
A.
The Commission may consider the following in making its decision
on an application:
(1)
The application and its supporting documentation.
(2)
Public comments, evidence and testimony.
(4)
The Commission may also consider comments on any application from
the New Haven County Natural Resources Conservation District, the
Regional Planning Commission or other regional organizations (i.e.,
Council of Elected Officials), 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-45a, inclusive, of the Connecticut General
Statutes, including matters relating to regulating, licensing and
enforcing of the provisions thereof, the Commission 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 wetlands or watercourses resources
which would be caused by the proposed 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, a permit shall not be issued unless the Commission finds that the proposed alteration or destruction of wetlands and watercourses is unavoidable and that a feasible and prudent alternative to the alteration or destruction of wetlands and watercourses does not exist. In making this finding, the Commission shall consider the facts and circumstances set forth in § 400-10 of these regulations. This finding and the reason therefor shall be stated in the record of the decision by the Commission.
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 watercourses,
the Commission 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.
E.
In reaching its decision on any application after a public hearing,
the Commission 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 Commission 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 regulations and Sections 22a-36 to
22a-45a, inclusive, of the Connecticut General Statutes.
F.
The Commission may require additional technical assistance in evaluating
an application submitted or a modification to an application if it
finds that the nature and intensity of the activity may constitute
a significant activity and that the expertise required to review such
application is outside that of the Commission. The expense of the
additional technical assistance shall be estimated by the Commission,
based on a preliminary estimate prepared by an outside consultant,
and the estimated cost of reviewing the application times 150% shall
be paid by the applicant and deposited with the Commission or its
designated agent. Such deposit shall be made prior to review of the
application, or at any time during the review process. Upon completion
of the technical review and final action by the Commission on the
application, the Commission shall determine the costs incurred for
the review and refund any excess monies to the applicant. Applicants
shall not be responsible for costs incurred for technical assistance
which exceed 150% of the Commission estimate.
A.
The agency, or its duly authorized agent acting pursuant to § 400-12 of these regulations, may, in accordance with § 400-10 of these regulations, grant the application as filed or grant it upon other terms, conditions, limitations or modifications of the regulated activity designed to carry out the purposes and policies 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 Commission
may hold a public hearing on such application. The hearing shall be
completed within 45 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 for the holding of the hearing and for action on such
application, provided the total extension of any such period shall
not be for longer than the original period as specified in this subsection,
or may withdraw such application. The failure of the Commission 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 Commission shall be withdrawn
by the applicant or denied by the Commission.
C.
The Commission shall state upon its record the reasons and bases for its decision and, in the case of any public hearing, such decision shall be based fully on the record of such hearing and shall be in writing and shall, as applicable and in accordance with § 400-10 of these regulations, incorporate a statement relative to the consideration of feasible and prudent alternatives.
D.
The Commission 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 Commission 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 an activity authorized by an inland wetland permit also involves an activity which requires a zoning or subdivision approval, special zoning permit, or variance or special exception, under Chapter 124, 124b, 126 or 126a of the Connecticut General Statutes, the Commission shall file a copy of the decision and report on the application with the Town of Wolcott Planning and Zoning Commission within 15 days of the date of the decision thereon.
F.
Any permit issued by the Commission for the development of land for which an approval is required under Chapter 124, 124b, 126 or 126a of the Connecticut General Statutes shall be valid until the approval granted under such chapter expires or for 10 years, whichever is earlier. Any permit issued by the Commission 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 Commission shall be assigned or transferred
without the written permission of the Commission.
H.
If a bond or insurance is required in accordance with § 400-13 of these regulations, the Commission may withhold issuing the permit until such bond or insurance is provided.
I.
General provisions in the issuance of all permits:
(1)
The Commission 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 Commission are subject to and do not derogate
any present or future rights or powers of the Commission or the Town
of Wolcott, 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 Commission's permit also involves an activity which requires zoning or subdivision approval, special permit, variance or special exception under Chapter 124, 124b, 126 or 126a 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 Commission.
(6)
Permits for activities involving the filling or removal of earth
materials from a single site shall be limited to a maximum volume
of 200 cubic yards of material per year under the Commission's authority.
Activities involving filling or removal of earth materials in excess
of 200 cubic yards per site in a regulated area per year shall require
permits from both the Conservation, Inland Wetlands and Watercourses
Commission and the Planning and Zoning Commission.
(7)
The Building Inspector of the Town of Wolcott shall receive a copy
of every inland wetlands and watercourses permit. A certificate of
occupancy shall not be provided for any property for which an inland
wetlands and watercourses permit has been issued unless either the
Commission or its designated agent has:
(8)
There shall be no underground oil tanks or bulk storage tanks located
in any regulated area or within 50 feet of any regulated area boundary.
(9)
Upon receiving a permit, the applicant shall mark the outer boundary
of all regulated areas using continuous construction ribbon, shall
ensure that the ribbon is in place before any activities commence,
and shall keep it in good repair for the duration of the project.
No disturbance or activity, either permanent or temporary, is allowed
within the marked area other than that shown on the plans approved
by the Commission. This flagging must be set so as to be visible above
basic ground-level vegetation.
(10)
A copy of the plans approved by the Commission must be kept
at the job site during all activity.
(11)
The boundary of a regulated area(s) adjacent to permitted construction
or other development shall be marked at every thirty-five-foot interval
(unless otherwise instructed by the Commission). The marking shall
consist of a six-foot-long pressure-treated four-by-four post installed
at two-foot depth marked (in writing or upon some other equivalent,
permanent marking, to be provided by the Commission, such as an engraved
medallion, with wording indicating the presence of the regulated area
boundary at this location) on the side facing away from the regulated
area to indicate the presence of the regulated area.
(12)
All permits shall have as a condition of the permit a deed restriction
requirement in order to ensure the awareness of this regulated status
by future owners of the property. The following must be incorporated
as a deed restriction for the permitted property: "It has been determined
by the Wolcott Conservation, Inland Wetlands and Watercourses Commission
that Wetlands or Regulated Areas as defined by the Wolcott Inland
Wetlands and Watercourses Regulations are present on the property.
Any activity in the Wetland and/or Regulated Area must have prior
approval/permitting by the Conservation, Inland Wetlands and Watercourses
Commission of the Town of Wolcott."
J.
Unless specifically stated by the Commission in writing on the permit
issued, all subdivision and residential housing subdivision permits
shall be granted for the construction of roadways and drainage systems
only. The development of individual lots containing regulated areas
within the subdivision shall be reviewed and permitted on a lot-to-lot
basis.
K.
There shall be no additions to, deletions from, changes, alterations,
modifications or substitutions regarding any matter, condition or
material considered by the Commission, or affecting either a regulated
activity or a regulated area once a permit is issued. The occurrence
of any of these actions shall automatically render the permit null
and void, unless the Commission is informed of the change immediately
and approves the change before work involving the change occurs.
A.
The Commission 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 the Department of Energy and 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 Commission and shall contain the information listed under § 400-7E of these regulations and any other information the Commission may reasonably require. Notwithstanding the provisions for receipt and processing applications prescribed in §§ 400-8, 400-9 and 400-11 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 Commission within 15 days after the publication date of the notice and the Commission shall consider such appeal at its next regularly scheduled meeting, provided such meeting is no earlier than three business days after receipt by such Commission or its agent of such appeal. Any person may appear and be heard at the meeting held by the Commission to consider the subject appeal. The Commission shall, at its discretion, sustain, alter, or reject the decision of its agent or require an application for a permit in accordance with § 400-7 of these regulations. Only at this time may the applicant initiate this activity, if such approval is reiterated by the Commission.
A.
Upon approval of the application and prior to issuance of a permit,
the applicant may, at the discretion of the Commission, be required
to file a bond with such surety, in such amount and in a form approved
by the Commission.
B.
The bond or surety shall be conditioned on compliance with all provisions
of these regulations and the terms, conditions and limitations established
in the permit.
C.
The Commission may require the applicant to certify that it has public
liability insurance against liability which may result from the proposed
operation or use of the wetlands or watercourses covering any and
all damage which might occur within two years of completion of such
operations, in an amount commensurate with the regulated activity.
This amount will be determined by the Commission.
A.
The Commission 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. Such actions shall only be taken with the prior approval, on a case-by-case basis, of the Commission or its Chairman. In carrying out the purposes of this section, the Commission or its duly authorized agent shall take into consideration the criteria for decision under § 400-10B of these regulations.
B.
The Commission 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 Commission 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 Commission 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 Commission shall hold a hearing to provide the person
an opportunity to be heard and show cause why the order should not
remain in effect. The Commission shall consider the facts presented
at the hearing and within 10 days of the completion of the hearing
notify the person by certified mail that the original order remains
in effect, that a revised order is in effect, or that the order has
been withdrawn. The Commission shall publish notice of its decision
in a newspaper having general circulation in the municipality. The
original order shall be effective upon issuance and shall remain in
effect until the Commission affirms, revises or withdraws the order.
The issuance of an order pursuant to this subsection shall not delay
or bar an action pursuant to Section 22a-44(b) 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 as set forth in the application,
including application plans. Prior to revoking or suspending any permit,
the Commission shall issue notice to the permittee, personally or
by certified mail, return receipt requested, setting forth the facts
or conduct which warrants the intended action. The Commission 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 Commission's
decision to suspend, revoke, or maintain a permit by certified mail
within 15 days of the date of its decision. The Commission shall publish
notice of the 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 Commission, and prescribing the necessary action and steps to correct the violation, including, without limitation, halting work in wetlands or watercourses. The Commission may request that the individual appear at the next regularly scheduled meeting of the Commission to discuss the unauthorized activity, and/or provide a written reply to the notice or file an application for the necessary permit. Failure to carry out the action(s) directed in a notice of violation may result in issuance of the order provided in Subsection C(1) or other enforcement proceedings as provided by law.
D.
Illegal work in a regulated area will subject the person who commits,
takes part in, or assists in the violation to a civil penalty of up
to $1,000 per day for each offense. All costs, fees and expenses in
connection with such action shall be assessed as damages against the
violator together with reasonable attorney's fees. Money collected
pursuant to this section shall be used to restore the affected areas
to the condition prior to the violation wherever possible.
A.
These regulations and the Inland Wetlands and Watercourses Map for
the Town of Wolcott may be amended, from time to time, by the Commission
in accordance with changes in the Connecticut General Statutes or
regulations of the Connecticut Department of Energy and Environmental
Protection, or as new information regarding soils and inland wetlands
and watercourses becomes available.
B.
An application filed with the Commission 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 wetland regulations, including changes
to setbacks and buffers, taking effect on or after the date of such
receipt and any appeal from the decision of such Commission with respect
to such application shall not be dismissed by the Superior Court on
the grounds that such a change has taken effect on or after the date
of such receipt. The provisions of this section shall not be construed
to apply:
C.
These regulations and the Town of Wolcott Inland Wetlands and Watercourses
Map shall be amended in the manner specified in Section 22a-42a of
the Connecticut General Statutes, as amended. The Commission shall
provide the Commissioner of the Department of Energy and 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. (Note: Application fee schedules shall
be adopted as Commission regulations or as otherwise provided by Town
ordinance.)
D.
Petitions requesting changes or amendments to the "Inland Wetlands
and Watercourses Map, Wolcott, 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)
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, and the reasons for the
requested action;
(5)
The names and addresses of adjacent property owners; and
(6)
A map showing proposed development of the property.
E.
Any person who submits a petition to amend the Inland Wetlands and Watercourses Map, Wolcott, 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 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 a minimum include
the report of the soil scientist documenting the location of wetland
soils on the land and a map of the land indicating the flag locations
set by the soil scientist and defining the boundaries of wetland soil
types; and
(4)
Map(s) showing any proposed development of the land in relation to
existing and proposed wetland and watercourse boundaries.
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 Inland Wetlands
and Watercourses Map. Notice of the hearing shall be published in
a newspaper having substantial circulation in the municipality at
least twice at intervals of not less than two days, the first not
more than 15 days nor less than 10 days, and the last not less than
two days, before such hearing. A copy of such proposed boundary change
shall be filed in the office of the Town Clerk for public inspection
at least 10 days before such hearing.
H.
Within 90 days after receipt of a petition for a change in the mapped
boundaries of any wetland or watercourse, the Commission shall hold
a public hearing to consider the petition. The Commission shall act
upon the changes requested in such petition within 60 days after the
close of the hearing. The petitioner may consent to one or more extensions
of the periods specified in this subsection for the holding of the
hearing and for action on such petition, provided the total extension
of any such period shall not be for longer than the original period
as specified in this subsection, or may withdraw such petition. The
failure of the Commission 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 Commission shall make its decision and state, in writing, the
reasons why the change in the Inland Wetlands and Watercourses Map
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 is a conflict between any provisions of these regulations
and the provisions of the State's Inland Wetlands and Watercourses
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 Wolcott, the State of
Connecticut or the government of the United States, including any
approval required by the Connecticut Department of Energy and 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 Commission by certified check or money order payable
to the Town of Wolcott at the time the application is filed with the
Commission.
B.
No application shall be granted or approved by the Commission unless the correct application fee is paid in full or unless a waiver has been granted by the Commission pursuant to Subsection G of these regulations.
C.
The application fee is not refundable.
D.
Fee schedule. Fees shall be set from time to time by action of the
Town Council.
E.
Exemption. Boards, commissions, councils and departments of the Town
of Wolcott are exempt from all fee requirements.
F.
Waiver.
(1)
An applicant whose proposed activity is not considered to be a significant impact activity (as defined by § 400-2 of these regulations) may petition the Commission 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 Commission should consider in its determination under this subsection. The Commission may waive all or part of the application fee if the Commission 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 Commission shall state upon its record the basis for all actions
under this subsection.
G.
When it has been determined by the Commission that an applicant has
initiated a regulated activity prior to receiving the Commission's
approval, all applicable Conservation, Inland Wetlands and Watercourses
Commission application fees are to be doubled.
H.
No fee will be charged for any activity consisting solely of site
maintenance activity (e.g., repair of a lakefront retaining wall).
The Commission and the Town Clerk for the Town of Wolcott shall
retain complete administrative records of Commission actions and dispose
of such records in accordance with the current retention/disposition
schedules maintained by the Connecticut State Library.
These regulations, including the Inland Wetlands and Watercourses
Maps, 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 Wolcott.
