[HISTORY: Adopted by the Inland Wetlands and Watercourses
Commission of the Town of Ashford effective 10-1-2013. Amendments noted where applicable. The codification of
the Inland Wetlands and Watercourses Regulations as Ch. 290 of the
Town Code was approved by the Inland Wetlands and Watercourses Commission
5-4-2021.]
A.
Findings and purpose.
(1)
The
inland wetlands and watercourses of the State of Connecticut are an
indispensable and irreplaceable but fragile natural resource with
which the citizens of the state have been endowed. The wetlands and
watercourses are an interrelated web of nature essential to an adequate
supply of surface and underground water; to hydrological stability
and control of flooding and erosion; to the recharging and purification
of groundwater; and to the existence of many forms of animal, aquatic
and plant life. Many inland wetlands and watercourses have been destroyed
or are in danger of destruction because of unregulated use by reason
of the deposition, filling or removal of material, the diversion or
obstruction of water flow, the erection of structures and other uses,
all of which have despoiled, polluted and eliminated wetlands and
watercourses. Such unregulated activity has had, and will continue
to have, a significant, adverse impact on the environment and ecology
of the State of Connecticut and has and will continue to imperil the
quality of the environment, thus adversely affecting the ecological,
scenic, historic and recreational values and benefits of the state
for its citizens now and forevermore.
(2)
The
preservation and protection of the wetlands and watercourses from
random, unnecessary, undesirable and unregulated uses, disturbance
or destruction is in the public interest and is essential to the health,
welfare and safety of the citizens of the state. It is, therefore,
the purpose of these regulations to protect the citizens of the state
by making provisions for the protection, preservation, maintenance
and use of the inland wetlands and watercourses by minimizing their
disturbance and pollution; maintaining and improving water quality
in accordance with the highest standards set by federal, state or
local authority; preventing damage from erosion, turbidity or siltation;
preventing loss of fish and other beneficial aquatic organisms, wildlife
and vegetation and the destruction of the natural habitats thereof;
deterring and inhibiting the danger of flood and pollution; protecting
the quality of wetlands and watercourses for their conservation, economic,
aesthetic, recreational and other public and private uses and values;
and protecting the state's potable freshwater supplies from the dangers
of drought, overdraft, pollution, misuse and mismanagement by providing
an orderly process to balance the need for the economic growth of
the state and the use of its land with the need to protect its environment
and ecology in order to forever guarantee to the people of the state
the safety of such natural resources for their benefit and enjoyment
and for the benefit and enjoyment of generations yet unborn.
B.
These regulations shall be known as the "Inland Wetlands and Watercourses
Regulations of the Town of Ashford."
C.
The Conservation and Inland Wetlands and Watercourses Commission
of the Town of Ashford was established in accordance with an ordinance
adopted October 23, 1972, to implement the purposes and provisions
of these regulations and the Inland Wetlands and Watercourses Act
in the Town of Ashford. A separate Inland Wetlands and Watercourses
Commission was established by ordinance effective June 23, 2006, to
assume those responsibilities.[1]
D.
These regulations have been adopted and may be amended, from time
to time, in accordance with the provisions of the Inland Wetlands
and Watercourses Act and these regulations.
E.
The 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 Ashford pursuant to §§ 22a-36 to 22a-45, inclusive,
of the Connecticut General Statutes, as amended.
As used in these regulations, the following terms shall have
the meanings indicated:
The Inland Wetlands and Watercourses Act, §§ 22a-36
through 22a-45, inclusive, of the Connecticut General Statutes, as
amended.
Shall be consistent with the definition as noted in § 1-1(q)
of the Connecticut General Statutes. (See "farming.")
Watercourses distinguished by evergreen trees and shrubs
underlain by peat deposits, poor or very poor drainage, and highly
acidic conditions.
The harvest of timber in a fashion which removes all trees
down to a two-inch diameter at breast height.
The Inland Wetlands and Watercourses Commission of the Town
of Ashford.
The Commissioner of the State of Connecticut Department of
Energy and Environmental Protection.
A limitation, whether or not stated in the form of a restriction,
easement, covenant or condition, in any deed, will or other instrument
executed by or on behalf of the owner of the land described therein,
including but not limited to the state or any political subdivision
of the state, or any order of taking such land whose purpose is to
retain land or water areas predominantly in their natural, scenic
or open condition or in agricultural, farming, forest or open space
use.
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.
The day of the next regularly scheduled meeting of the Commission
immediately following the day of submission to the Commission or its
agent of such petition, application, request or appeal or 35 days
after such submission, whichever is sooner.
Includes but shall not be limited to fill, grade, dump, place,
discharge, or emit.
Emission of any water, substance, or material into waters
of the state whether or not such substance causes pollution.
The proposed activity is necessary and indispensable to sustain
farming activities on the farm.
Shall be consistent with the definition as noted in § 1-1(q)
of the Connecticut General Statutes. (See "agriculture" and Appendix
A.)[1]
Able to be constructed or implemented consistent with sound
engineering principles.
See "permit."
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; and confining
construction that must take place in watercourses to times when water
flows are low and fish and wildlife will not be adversely affected.
Watercourses that are distinguished by the absence of trees
and shrubs and the dominance of soft-stemmed herbaceous plants. The
water table in marshes is at or above the ground surface throughout
the year and areas of open water six inches or more in depth are common,
but seasonal 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, mud, debris, sand, refuse or waste.
The Town of Ashford.
Places where plants are grown for sale, transplanting, or
experimentation.
The whole or any part of any license, permit, certificate
or approval or similar form of permission which may be required of
any person by the provisions of §§ 22a-36 to 22a-45,
inclusive.
The person to whom a license has been issued.
Any person, firm, partnership, association, corporation,
limited liability company, company, organization, or legal entity
of any kind, including municipal corporations, governmental agencies
or subdivisions thereof.
Harmful thermal effect or the contamination or rendering
unclean or impure of any waters of the state by reason of any waste
or other materials discharged or deposited therein by any public or
private sewer or otherwise so as directly or indirectly to come in
contact with any waters. This includes, but is not limited to, erosion
and sedimentation resulting from any filling, land clearing or excavation
activity.
A limitation, whether or not stated in the form of a restriction,
easement, covenant or condition, in any deed, will or other instrument
executed by or on behalf of the owner of land, including but not limited
to the state or any political subdivision of the state, or in any
order of taking of such land whose purpose is to preserve historically
significant structures or sites.
Economically and otherwise reasonable in light of the social
benefits to be derived from the proposed regulated activity, provided
that cost may be considered in deciding what is prudent, and further
provided that 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, but shall not include the specified activities in § 290-4 of these regulations. In addition, any removal or deposition of material or any obstruction, construction, alteration or pollution of an upland review area shall also be deemed a regulated activity.
Includes, but shall not be limited to, drain, excavate, mine,
dig, dredge, suck, 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 the Commission determines may have a major effect:
Any activity involving deposition or removal of material which
will or may have a substantial effect on the wetland or watercourse
or on the wetlands or watercourses outside the area for which the
activity is proposed.
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 aquatic, plant or animal
life and habitats; 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 substantial diminution of flow of
a natural watercourse or groundwater levels of the wetland or watercourse.
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 Office of Personnel Management.
Those lands which are inundated by water on a seasonal or
more frequent basis.
Watercourses that are distinguished by the dominance of wetland
trees and shrubs.
The Town of Ashford.
See § 290-3D.
Sewage or any substance, liquid, gaseous, solid, or radioactive,
which may pollute or tend to pollute any of the wetlands and 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 §§ 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 as defined in this section,
not regulated pursuant to §§ 22a-28 through 22a-35,
inclusive, of the Connecticut General Statutes, which consists of
any of the soil types designated as poorly drained, very poorly drained,
alluvial and floodplain by the National Cooperative Soils Survey,
as it may be amended from time to time, of the Natural Resources Conservation
Service of the U.S. Department of Agriculture (USDA). Such areas may
include filled, graded, or excavated sites which possess an aquic
(saturated) soil moisture regime as defined by the USDA Cooperative
Soil Survey.
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
A.
The map of wetlands and watercourses titled "Inland Wetlands and
Watercourses Map, Ashford, 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
Town Clerk or the Commission. In all cases, the precise location of
wetlands and watercourses shall be determined by the actual character
of the land, the distribution of wetland soil types and 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.
Map amendments.
(1)
Any person may petition the Commission 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 Commission may require such person to provide an accurate delineation of regulated areas in accordance with § 290-15 of these regulations.
(2)
The Commission shall maintain a current inventory of regulated areas
within the Town. The Commission may amend its map as more accurate
information becomes available.
C.
All map amendments are subject to the public hearing process outlined in § 290-15 of these regulations.
D.
Upland review areas are established for all wetlands and watercourses
within the Town of Ashford. These review areas shall extend a distance
of 100 feet on either side of each wetland or intermittent watercourse
and shall be measured from the ordinary high-water mark and shall
extend 100 feet from the ordinary high-water mark of each continuous
watercourse or within 200 feet of the Mount Hope River or 150 feet
of any of its named tributaries. Any clearing, grubbing, filling,
grading, paving, excavating, construction, depositing or removal of
material and discharging of stormwater in the upland review areas
is a regulated activity. The Commission may rule that any other activity
located within the upland review area or in any non-wetland or non-watercourse
area which is likely to impact or affect wetlands or watercourses
is a regulated activity.
[Amended 5-4-2021]
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 watercourse 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
cropland; or the mining of topsoil, peat, sand, gravel or similar
material from wetlands or watercourses for the purposes of sale;
(2)
A residential home for which a building permit has been issued or
on a subdivision lot, provided that 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 § 22a-42a
of the Connecticut General Statutes or as of July 1, 1974, whichever
is earlier, and further provided that no residential home shall be
permitted as of right pursuant to this subsection unless the permit
was obtained on or before July 1, 1987;
(3)
Boat anchorage or mooring;
(4)
Uses incidental to the enjoyment and maintenance of residential property,
such property defined as equal to or smaller than the largest minimum
residential lot site permitted anywhere in the municipality, provided
that in any town where there are no zoning regulations establishing
minimum residential lot sites, the largest minimum lot size shall
be two acres. Such incidental uses shall include maintenance of existing
structures and landscaping, but shall not include removal or deposition
of significant amounts of material from or onto a wetland or watercourse,
or diversion or alteration of a watercourse;
(5)
Construction and operation, by water companies as defined by § 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 §§ 22a-401 and 22a-403 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 § 22a-42a
of the Connecticut General Statutes or July 1, 1974, whichever is
earlier, provided that 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; and
(7)
Withdrawals of water for fire emergency purposes.
B.
The following operations and uses shall be permitted as non-regulated
uses in wetlands and watercourses, provided that they do not disturb
the natural and indigenous character of the wetland or watercourse
by removal or deposition of material, alteration or obstruction of
water flow or pollution of the wetland or watercourse:
(1)
Conservation of soil, vegetation, water, fish, shellfish and wildlife;
(2)
Outdoor recreation, including play and sporting areas, golf courses,
field trials, nature study, hiking, horseback riding, swimming, skin
diving, camping, boating, water-skiing, trapping, hunting, fishing
and shellfishing where otherwise legally permitted and regulated;
and
(3)
The installation of a dry hydrant by or under the authority of a
municipal fire department, provided that such dry hydrant is only
used for firefighting purposes and there is no alternative access
to a public water supply. For purposes of this subsection, "dry hydrant"
means a non-pressurized pipe system that is readily accessible to
fire department apparatus for a proximate public road, provides for
the withdrawal of water by suction to such fire department apparatus,
and is permanently installed into an existing lake, pond or stream
that is a dependable source of water.
C.
Any dredging or any erection, placement, retention or maintenance
of any structure, fill, obstruction or encroachment, or any work incidental
to such activities, conducted by a state agency, which activity is
regulated under §§ 22a-28 to 22a-35, inclusive, or
§§ 22a-359 to 22a-363f, inclusive, of the Connecticut
General Statutes, shall not require any permit or approval under §§ 22a-36
to 22a-45, inclusive, of the Connecticut General Statutes.
D.
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 § 290-6 of these regulations or, for certain regulated activities located outside of wetlands and watercourses, from the duly authorized agent in accordance with § 290-12 of these regulations.
E.
To carry out the purposes of this section, any person proposing a
permitted operation and use or a non-regulated operation and use shall,
prior to commencement of such operation and use, notify the Commission
on a form provided by it and provide the Commission with sufficient
information to enable it to properly determine that the proposed operation
and use is a permitted or non-regulated use of a wetland or watercourse.
The Commission shall rule that the proposed operation and use or portion
of it is a permitted or non-regulated operation and use or that the
proposed operation and use is a regulated activity and a permit is
required.
A.
The Commissioner 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 § 22a-39 or 22a-45a of the Connecticut
General Statutes.
B.
The Commissioner of Energy and Environmental Protection shall have
exclusive jurisdiction over tidal wetlands designated and regulated
pursuant to §§ 22a-28 through 22a-35 of the Connecticut
General Statutes, as amended.
C.
The Commissioner 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 § 22a-402 of the Connecticut General Statutes
or a permit issued by the Commissioner of Energy and Environmental
Protection under § 22a-403 of the Connecticut General Statutes.
Any person receiving such dam repair or removal order or 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 permit.
D.
The Commissioner of Energy and Environmental Protection shall have
exclusive jurisdiction over the discharge of fill or dredged materials
into the wetlands and watercourses of the state pursuant to Section
401 of the Federal Clean Water Act, as amended, for activities regulated
by the U.S. Army Corps of Engineers under Section 404 of the Federal
Clean Water Act.
A.
No person shall conduct or maintain a regulated activity without
first obtaining a permit for such activity from the Inland Wetlands
and Watercourses Commission of the Town of Ashford.
B.
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 § 290-14 of these regulations and any other remedies as provided by law.
A.
Any person intending to conduct a regulated activity or to renew
or amend a permit to conduct such activity shall apply for a permit
on 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 Ashford Land Use Office.
[Amended 5-4-2021]
B.
If an application to the Town of Ashford Planning and Zoning Commission
for subdivision or resubdivision of land involves land containing
a wetland or watercourse, the applicant shall, in accordance with
§ 8-3(g), 8-3c, or 8-26, as applicable, of the Connecticut
General Statutes, submit an application for a permit to the Ashford
Inland Wetlands and Watercourses Commission in accordance with this
section no later than the day the application is filed with such Planning
and Zoning 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, home and business mailing addresses and telephone
numbers;
(2)
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;
(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 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;
(7)
Alternative 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 such alternatives shall be diagramed 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 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;
(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, during the pendency
of an application and for the life of the permit;
(12)
A completed Department of Energy and Environmental Protection
reporting form; the Commission shall revise or correct the information
provided by the applicant and submit the form to the Commissioner
of Energy and Environmental Protection in accordance with § 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; and
F.
At the discretion of the Commission or its agent, or when the proposed
activity involves a significant impact activity, additional information,
based on the nature and anticipated effects of the activity, including
but not limited to the following, is required:
(1)
Site plans for the proposed activity and the land which will be affected
thereby which show existing and proposed conditions, wetland and watercourse
boundaries, land contours, boundaries of 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 watercourses and the proposed
erosion and sedimentation control plan;
(3)
Mapping of soil types consistent with the categories established
by the National Cooperative Soil Survey of the U.S. 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 which would cause
less or no environmental impact to wetlands or watercourses, 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.
The applicant shall certify whether:
(1)
Any portion of the property on which the regulated activity is proposed
is located within 500 feet of the boundary of an adjoining municipality;
(2)
Traffic attributable to the completed project on the site will use
streets within the adjoining municipality to enter or exit the site;
(3)
Sewer or water drainage from the project site will flow through and
impact the sewage or drainage system within the adjoining municipality;
or
(4)
Water runoff from the improved site will impact streets or other
municipal or private property within the adjoining municipality.
H.
Ten 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 § 290-8 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 § 290-7 of these regulations, provided that:
(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; and
(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
that no permit shall be valid for more than 10 years from the date
of approval.
K.
Notwithstanding the provisions of § 290-7J of these regulations, any permit issued by the Commission prior to July 1, 2011, that did not expire prior to May 9, 2011, shall be valid for no more than 14 years from the date of approval.
L.
For any property subject to a conservation restriction (see § 290-2, Definitions) or preservation restriction (see § 290-2, Definitions), the following shall apply:
(1)
No person shall file a permit application, other than for interior
work in an existing building or for exterior work on an existing building
that does not expand or alter the footprint of such existing building,
relating to property that is subject to a conservation restriction
or a preservation restriction unless the applicant provides proof
that the applicant has provided written notice of such application,
by certified mail, return receipt requested, to the party holding
such restriction, including but not limited to any state agency that
holds such restriction, not later than 60 days prior to the filling
of the permit application.
(2)
In lieu of such notice requirement pursuant to § 290-7L(1), the applicant may submit a letter from the holder of such restriction or from the holder's authorized agent verifying that the application is in compliance with the terms of the restriction.
(3)
Nothing in § 290-7L(1) or (2) of these regulations shall be construed to prohibit the filing of a permit application or to require such written notice when the activity that is the subject of such permit application will occur on a portion of property that is not restricted under the terms of such conservation or preservation restriction.
A.
All petitions, applications, requests, or appeals shall be submitted
to the Ashford Inland Wetlands and Watercourses Commission of the
Town of Ashford.
B.
Notice.
(1)
The Commission shall, in accordance with Connecticut General Statutes
§ 8-7d(f), notify the Clerk of any adjoining municipality
of the pendency of any application, petition, appeal, request or plan
concerning any project on any site in which:
(a)
Any portion of the property affected by a decision of the Commission
is within 500 feet of the boundary of an adjoining municipality;
(b)
A significant portion of the traffic to the completed project
on the site will use streets within the adjoining municipality to
enter or exit the site;
(c)
A significant portion of the sewer or water drainage from the
project on the site will flow through and significantly impact the
drainage or sewerage system within the adjoining municipality; or
(d)
Water runoff from the improved site will impact streets or other
municipal or private property within the adjoining municipality.
(2)
Such notice shall be made by certified mail, return receipt requested,
and shall be mailed within seven days of the date of receipt of the
application, petition, appeal, request, or plan.
C.
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
§ 16-1 of the Connecticut General Statutes, the applicant
shall provide written notice of the application to the water company,
provided that 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.
D.
The date of receipt of a petition, application, request or appeal
shall be the day of the next regularly scheduled meeting of the Commission
immediately following the day of submission to the Commission or its
agent of such petition, application, request or appeal or 35 days
after such submission, whichever is sooner.
E.
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 § 290-11B of these regulations.
F.
All applications shall be open for public inspection.
G.
Incomplete applications may be denied.
A.
The Ashford Inland Wetlands and Watercourses 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, a petition signed by at least 25 persons who are
18 years of age or older and who reside in the municipality in which
the regulated activity is proposed requesting a hearing is filed with
the Commission not later than 14 days after the date of receipt of
such application, or the Commission finds that a public hearing regarding
such application would be in the public interest. The Commission may
issue a permit without a public hearing, provided that no petition
provided for in this subsection 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. At such hearing any person
or persons may appear and be heard.
[Amended 5-4-2021]
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
nor less 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.
C.
Notice of the public hearing shall be mailed by the applicant to
the owner(s) of record of abutting land not more than 15 days nor
less than 10 days before the date set for the hearing and by posting
a sign on the land that is the subject of the hearing. For such notice:
(1)
Proof of mailing shall be evidenced by a certificate of mailing which
shall be provided to the Commission not less than seven days prior
to the date set for the hearing;
(2)
The person who owns land shall be the owner indicated on the property
tax map or on the last completed grand list as of the date such notice
is mailed; and
(3)
Signs, which shall be provided by the Commission, shall be installed
by the applicant, securely fastened or staked, be clearly visible
from each public roadway abutting the land subject to the hearing
and be maintained as such until such hearing has concluded. Failure
of the applicant to comply with this requirement may be grounds for
denial of the application, with consideration being given to cases
where weather conditions or acts of vandalism have destroyed a properly
posted sign.
A.
The Commission may consider the following in making its decision
on an application:
(1)
The application and its supporting documentation.
(3)
The Commission may also consider comments on any application from
the Eastern Connecticut Conservation District, the Northeastern Connecticut
Council of Governments, 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.
[Amended 5-4-2021]
(5)
For an application for which a public hearing is held, public comments,
evidence and testimony.
B.
Criteria for decision. In carrying out the purposes and policies
of §§ 22a-36 to 22a-45, 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 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 of priority,
restore, enhance and create productive wetland or watercourse resources;
(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 and watercourses.
C.
In the case of an application which received a public hearing pursuant to a finding by the Commission that the proposed activity may have a significant impact on wetlands or watercourses, a permit shall not be issued unless the Commission finds on the basis of the record that a feasible and prudent alternative does not exist. In making this finding the Commission shall consider the facts and circumstances set forth in Subsection B of this section. The finding and the reasons therefor shall be stated on the record in writing.
D.
In the case of an application which is denied on the basis of a finding
that there may be feasible and prudent alternatives to the proposed
regulated activity which have less adverse impact on wetlands or watercourses,
the Commission shall propose on the record in writing the types of
alternatives which the applicant may investigate, provided that 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.
For purposes of this section, "wetlands and watercourses" 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.
F.
The Commission shall not deny or condition an application for a regulated
activity in an area outside wetlands or watercourses on the basis
of an impact or effect on aquatic, plant, or animal life unless such
activity will likely impact or affect the physical characteristics
of such wetlands or watercourses.
G.
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.
H.
In the case of an application where the applicant has provided written notice pursuant to § 290-7L(1) of these regulations, the holder of the restriction may provide proof to the Commission that granting of the permit application will violate the terms of the restriction. Upon a finding that the requested land use violates the terms of such restriction, the Commission shall not grant permit approval.
I.
In the case of an application where the applicant fails to comply with the provisions of § 290-7L(1) or (2) of these regulations:
(1)
The
party holding the conservation or preservation restriction, other
than a state agency that holds such restriction, may, not later than
15 days after receipt of actual notice of permit approval, file an
appeal with the Commission, subject to the rules and regulations of
the Commission relating to appeals. The Commission shall reverse the
permit approval upon a finding that the requested land use violates
the terms of such restriction; or
(2)
The
state agency that holds such restriction may, not later than 30 days
after receipt of actual notice of permit approval, file an appeal
with the Commission, subject to the rules and regulations of the Commission
relating to appeals. The Commission shall immediately reverse such
permit approval if the commissioner of the state agency that holds
such restriction certifies that the land use authorized in such permit
violates the terms of such conservation or preservation restriction.
J.
Nothing in § 290-7L(1) or (2) of these regulations shall be construed to prohibit the filing of a permit application or to require such written notice when the activity that is the subject of such permit application will occur on a portion of property that is not restricted under the terms of such conservation or preservation restriction.
A.
The Commission, or its duly authorized agent acting pursuant to § 290-12 of these regulations, may, in accordance with § 290-10 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 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. Such terms may include restrictions as to the time of year in which a regulated activity may be conducted, provided that the Commission, or its agent, determines that such restrictions are necessary to carry out the policy of the Act.
B.
No later than 65 days after receipt of an application, the Commission
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
agent or 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 that the total extension of all such periods shall not be
for longer than 65 days, or may withdraw the 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.
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 § 8-3(g),
8-3c or 8-26 of the Connecticut General Statutes, the Commission shall
file a copy of the decision and report on the application with the
Town of Ashford 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 activity for which an
approval is not required under Chapter 124, 124b, 126 or 126a of the
Connecticut General Statutes shall be valid for not less than two
years and not more than five years.
G.
Notwithstanding the provisions of § 290-11F of these regulations, any permit issued by the Commission prior to July 1, 2011, that was in effect and did not expire prior to May 9, 2011, shall be valid for a period not less than nine years after the date of such approval.
H.
The Commission shall be notified of any assignment or transfer of
the permit. It is the permit holder's responsibility to notify the
Commission of any change in ownership, including an assignment or
transfer of the permit. Such notice shall include the name and contact
information of the new permit holder.
I.
If a bond or insurance is required in accordance with § 290-13 of these regulations, the Commission may withhold issuing the permit until such bond or insurance is provided.
J.
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 Ashford, 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 § 8.3(g), 8-3c
or 8-26 of the Connecticut General Statutes, no work pursuant to the
wetland permit may begin until such approval is obtained.
(4)
In constructing the authorized activities, the permittee shall implement
such management practices consistent with the terms and conditions
of the permit as needed to control stormwater discharges and to prevent
erosion and sedimentation and to otherwise prevent pollution of wetlands
and watercourses.
(5)
The Commission shall be notified when any permit(s) is assigned or
transferred. Such notice shall include the name and contact information
of the new permit holder.
A.
The Commission may delegate to its duly authorized agent the authority to approve or extend a license for 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 that such agent has completed the comprehensive training program developed by the Commissioner of Energy and Environmental Protection pursuant to § 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 § 290-7E of these regulations and any other information the Commission may reasonably require. Notwithstanding the provisions for receipt and processing of applications prescribed in §§ 290-8, 290-9 and 290-11 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 that 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 § 290-7 of these regulations.
A.
The Commission may require as a permit condition the filing of 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 the provisions
of these regulations and the terms, conditions, and limitations established
in the permit.
A.
The Commission may appoint an agent or agents to act in its behalf with the authority to 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 Commission or its duly authorized agent shall take into consideration the criteria for decision under § 290-10B 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
with the consent of the property owner or the authorized agent of
the owner during the life of the permit.
C.
In the case in which a permit has not been issued or a permit has
expired, the Commission or its agent may make regular inspections
at reasonable hours with the consent of the property owner or the
authorized agent of the property owner.
D.
If the Commission or its duly authorized 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 § 22a-44(b) of the Connecticut
General Statutes, as amended.
(2)
Issue a notice of violation to such person conducting such activity or maintaining such facility or condition, stating the nature of the violation and the jurisdiction of the Commission and prescribing the necessary action and steps to correct the violation, including, without limitation, halting work in wetlands 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 D(1) or other enforcement proceedings as provided by law.
E.
The Commission may 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.
A.
These regulations and the Inland Wetlands and Watercourses Map for
the Town of Ashford 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 subsection shall
not be construed to apply to:
C.
These regulations and the Town of Ashford Inland Wetlands and Watercourses
Map shall be amended in the manner specified in § 22a-42a
of the Connecticut General Statutes, as amended. The Commission shall
provide the Commissioner 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.
D.
Petitions requesting changes or amendments to the Inland Wetlands
and Watercourses Map, Ashford, 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
(5)
The reasons for the requested action.
E.
Any person who submits a petition to amend the Inland Wetlands and Watercourses Map, Ashford, 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 Commission. If such person is the owner, developer, or contract purchaser of the land which is the subject of the petition, or if such person is representing the interests of such an owner, developer or purchaser, in addition to the information required in Subsection D, the petition shall include:
(1)
The name, mailing address and telephone number of the owner(s) of
such land and the owner's agent or other representative;
(2)
The names and mailing addresses of the owners of abutting land;
(3)
Documentation by a soil scientist of the distribution of wetland
soils on said land. Such documentation shall, at a minimum, include
the report of the soil scientist documenting the location of wetland
soils on the land and a map of said 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 a general circulation in the municipality where
the land that is the subject of the hearing is located at least twice
at intervals of not less than two days, the first not more than 15
days nor less than 10 days and the last not less than two days before
the date set for the hearing. All materials, including maps and documents,
relating to the petition shall be open for public inspection.
H.
The Commission shall hold a public hearing on a petition to amend
the regulations and the Inland Wetlands and Watercourses Map within
65 days after receipt of such petition. The hearing shall be completed
within 35 days after commencement. The Commission shall act upon the
changes requested in such petition within 65 days after completion
of such hearing. At such hearing, any person or persons may appear
and be heard and may be represented by agent or attorney. The petitioner
may consent to one or more extensions of any period specified in this
subsection, provided that the total extension of all such periods
shall not be for longer than 65 days, or may withdraw such petition.
Failure of the Commission to act within any time period specified
in this subsection or 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 the provisions of these regulations
and the provisions of the Act, the provisions of the Act shall govern.
Nothing in these regulations shall obviate the requirement for
the applicant to obtain any other assents, permits, or licenses required
by law or regulation by the Town of Ashford, 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.
All fees required by these regulations shall be submitted to the
Commission by certified check or money order payable to the Town of
Ashford 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 § 290-19I of these regulations.
C.
The application fee is not refundable.
D.
COMMERCIAL USES
OTHER USES
RESIDENTIAL USES
As used in this section, the following terms shall have the meanings
indicated:
Activities carried out on property developed for industry,
commerce, trade, recreation, or business or being developed to be
occupied for such purposes, for profit or nonprofit.
Activities other than residential uses or commercial uses.
Activities carried out on property developed for permanent
housing or being developed to be occupied by permanent housing.
E.
Application fees shall be based on the following schedule:
|
Item
|
Fee
|
|---|---|
|
Permitted uses as of right and non-regulated uses
|
No fee
|
|
Residential uses
|
$60
|
|
Residential uses involving subdivision
|
$170 plus $30 per lot
|
|
Commercial uses
|
$170
|
|
Logging review - with wetlands involvement
|
$60
|
|
All other uses
|
$170
|
|
Regulation and/or map amendments
|
$170
|
|
Wetlands Agent approval
|
$60
|
|
Modification of prior wetlands permit
|
$75
|
|
State fee
|
As set per statute
|
F.
The Commission may charge an additional fee sufficient to cover the cost of reviewing and acting on complex applications. Such fee may include, but not be limited to, the cost of retaining experts to analyze, review, and report on issues requiring such experts. The Commission or the duly authorized agent shall estimate the complex application fee which shall be paid pursuant to § 290-19A of these regulations within 10 days of the applicant's receipt or notice of such estimate. Any portion of the complex application fee in excess of the actual cost shall be refunded to the applicant no later than 30 days after publication of the Commission's decision.
G.
The application fee for any regulated activity commenced without
a permit shall be in an amount equal to twice the amount of the regular
fee for said activity. In addition, an applicant for any activity
commenced without a permit shall be responsible for paying for any
inspections required to be performed by the Wetlands Agent, which
inspections shall be billed at the Wetlands Agent's contracted hourly
rate.
[Amended 5-4-2021]
H.
Boards, commissions, councils, and departments of the Town of Ashford
are exempt from all fee requirements.
I.
The applicant 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.
(1)
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.
These regulations are effective upon filing in the office of
the Town Clerk and publication of a notice of such filing in a newspaper
having general circulation in the Town of Ashford.
