[HISTORY: Adopted by the Inland Wetlands Commission of the
Town of Winchester 10-3-1989;
amended 11-17-1993; 3-17-1999; 1-19-2000; 3-23-2006; 6-20-2007. Subsequent amendments noted
where applicable.[1]]
[1]
Editor's Note: The codification of these regulations, as revised,
was approved by the Commission 8-16-2023.
A.
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. 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 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 Winchester."
C.
The Inland Wetlands Commission of the Town of Winchester was established
in accordance with the Charter of the Town and shall implement the
purposes and provisions of the Inland Wetlands and Watercourses Act
in the Town of Winchester.
D.
These regulations have been adopted and may be amended, from time
to time, in accordance with the provisions of the Inland Wetlands
and Watercourses Act and these regulations.
E.
The Agency shall enforce all provisions of the Inland Wetlands and
Watercourses Act and shall issue, issue with modifications and deny
permits for all regulated activities on inland wetlands and watercourses
in the Town of Winchester pursuant to C.G.S. §§ 22a-36
to 22a-45, inclusive, as amended.
As used in these regulations, the following terms shall have
the meanings indicated:
The Inland Wetland and Watercourses Act, C.G.S. §§ 22a-36
through 22a-45, inclusive, as amended.
The Inland Wetlands Commission of the Town of Winchester.
The same as "disturbing the natural and indigenous character
of the wetland or watercourse," as defined below.
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.
A member of the Inland Wetlands Commission of the Town of
Winchester.
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.
An individual(s) designated by the Agency to carry out its
functions and purposes.
Emission of any water, substance or material into wetlands
or watercourses, whether or not such substance causes pollution.
To alter the inland wetlands or watercourses by reason of
removal or deposition of material, clearing the land, clear-cutting
of trees, alteration or obstruction of water flow, or will result
in the pollution of the wetland or watercourse.
That the activity proposed is necessary and indispensable
to sustain farming activities on an existing 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.
Any activity which may alter the physical or vegetative characteristics
of any forest land which is undertaken in connection with the harvest
of commercial forest products, unless such harvest is undertaken pursuant
to the conversion of forest land to other uses and such conversion
has been approved by:
Delineated by a defined permanent channel and bank and the
occurrence of two or more of the following characteristics:
The whole or any part of any permit, certificate of approval
or similar form of permission which may be required of any person
by the provisions of these regulations under the authority of the
Inland Wetlands 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 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 fuel spillage; construction methods to prevent flooding
or disturbance of wetlands and watercourses; procedures for maintaining
continuous streams 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 aquic moisture regimes that
are distinguished by the absence of trees and shrubs and are dominated
by soft-stemmed herbaceous plants. The water table in marshes is at
or above the ground surface throughout the year, but seasonal water
table fluctuations are encountered and areas of open water six inches
or more in depth are common.
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 and waste.
Land used for propagating trees, shrubs or other plants for
transplanting, sale or for use as stock for grafting.
A mark on the land caused by the presence and action of water,
which presence and action is so common and usual and so long continued
in all ordinary years as to mark upon the land a distinction between
the abutting upland and the watercourse. Such mark may be found by
examining the bed and bank of any watercourse and ascertaining thereon
an abrupt change in the characteristics of soil or vegetation or slope
of the land.
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 under the authority of the
Agency and the Act or other municipal, state and federal law.
The person to whom such 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
resulting from any filling, land clearing or excavation activity.
Economically or 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, filling, construction or clear-cutting of trees within 75 feet of wetlands or 100 feet of watercourses, but shall not include the specified permitted activities in § 390-4 of these regulations. The location of any portion of any subsurface waste disposal system within 150 feet of the mean waterline of any watercourses and 75 feet of all wetlands is deemed a regulated activity. The activities specified in § 390-4 of these regulations will or can require an uplands review if they are likely to impact or affect wetlands or watercourses. The Agency may also rule that any other activity located within the above-described regulated areas, or any non-wetland or non-watercourse area, is likely to impact or affect wetlands or watercourses and is a regulated activity.
That area within 75 feet of any inland wetland or within
100 feet of any watercourse 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 on
the area for which an application has been filed or on another part
of the inland wetland or watercourse system:
Any activity involving a 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;
or
Any activity which substantially changes the natural channel
or may inhibit the natural dynamics of a watercourse system; or
Any activity which substantially diminishes the natural capacity
of an inland wetland or watercourse to support desirable fisheries,
wildlife or any other biological life; or to prevent flooding, supply
water, assimilate waste, facilitate drainage, provide recreation or
open space; or to perform other functions; or
Any activity which is likely to cause or has the potential to
cause substantial turbidity, siltation or sedimentation in a wetland
or watercourse; or
Any activity which causes a substantial diminution of flow of
a natural watercourse or groundwater;
Any activity likely to have or having the potential to cause
pollution of a wetland or watercourse; or
Any activity which destroys unique wetland or watercourse areas
having demonstrable scientific or educational value.
An individual duly qualified in accordance with standards
set by the Federal Office of Personnel Management (formerly the U.S.
Civil Service Commission).
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 Winchester, Litchfield County, Connecticut.
Small bodies of standing freshwater that are most obvious
during the spring or fall of the year. They are usually temporary
in nature, lacking permanent surface water connections with other
wetlands or watercourses. They lack a permanent fish population but
may support breeding and development of amphibian or invertebrate
species such as, but not limited to, frogs and salamanders. (The presence
of such amphibians or invertebrate species is not required for identification
of a vernal pool under Connecticut Statutes.) Vernal pools must have
the following physical characteristics:
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 C.G.S. §§ 22a-28 through 22a-35, inclusive.
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 C.G.S. §§ 22a-28 through
22a-35, inclusive, 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 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 aquatic (saturated) soil
moisture regime as defined by the USDA Cooperative Soil Survey.
A.
The most current map of regulated areas, entitled "Inland Wetlands
and Watercourses Map, Winchester, Connecticut," to be found in the
Town Inland Wetlands office, delineates the general location and boundaries
of inland wetlands and the general location of watercourses. Copies
of this map are available for inspection in the office of the Inland
Wetlands Commission. In all cases, the precise location of a regulated
area shall be determined by the actual character of the land, the
distribution of wetland soil types and locations of watercourses,
regardless of whether the regulated area is shown on the map of regulated
areas. The Commission may use aerial photography, remote sensing imagery,
resource mapping, soils maps, site inspection observations, field
inspection and testing conducted by a soil scientist where soil classifications
are required, or where watercourse determinations are required, by
any qualified individuals.
B.
Any property 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 Agency to change the designation in accordance with § 390-14 of these regulations. All petitions for a map 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. Documentation in accordance with § 390-14 of these regulations may be required of the property owner when the Agency requires an accurate delineation of regulated areas.
C.
The Agency or its designated agent(s) shall inventory and maintain current records of all regulated areas within the Town. The Agency may amend its map from time to time as information becomes available relative to more accurate delineation of wetlands and watercourses within the Town. 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 § 390-14 of these regulations.
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, the mining of topsoil, peat, sand, gravel or similar material
from wetlands or watercourses for the purposes of sale.
(2)
A residential home a) for which a building permit has been issued
or b) on a subdivision lot, provided the permit has been issued or
the subdivision has been approved by the Planning and Zoning Commission
as of July 1, 1974, 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. The individual 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.
(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 Town and containing
a residence. Such incidental uses shall include maintenance of existing
structures and landscaping, but shall not include cutting of trees,
removal or deposition of substantial 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 C.G.S. § 16-1 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 C.G.S. §§ 22a-401 and 22a-410.
(6)
Maintenance relating to any drainage pipe which existed before the
effective date of any municipal regulations adopted pursuant to C.G.S.
§§ 22a-401 through 22a-410 or July 1, 1994, 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.
(7)
Withdrawals of water for fire emergency purposes.
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 trails, nature study, hiking, horseback riding,
swimming, skin and scuba diving, camping, boating, water skiing, trapping,
hunting, fishing and shell fishing and cross-country skiing where
otherwise legally permitted and regulated.
(3)
The installation of a dry hydrant by or under the authority of the
Fire Department, provided such dry hydrant is only used for fire-fighting
purposes and there is no alternative access to a public water supply.
For purposes of this subsection, "dry hydrant" means a nonpressurized
pipe system that:
C.
All activities in wetlands or watercourses involving filling, excavation, dredging, clear-cutting, clearing, grading and excavation 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 Agency in accordance with § 390-6 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 Agency on a form provided by it, and
provide the Agency with sufficient information to enable it to properly
determine that the proposed operation and use is a permitted or nonregulated
use of the wetland or watercourse. The Agency or its designated agent
shall rule that the proposed operation or use is a permitted or a
nonregulated use or operation or that a permit is required. Such ruling
shall be in writing and shall be made no later than the next regularly
scheduled meeting of the Agency following the meeting at which the
request was received. The designated agent for the Agency may make
such ruling on behalf of the Agency at any time.
A.
In addition to any permit or approval required by the Agency, the
Commissioner 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 C.G.S. §§ 22a-401
through 22a-411, as amended;
(2)
Construction, encroachment or placement of any obstruction within
stream channel encroachment lines pursuant to C.G.S. §§ 22a-342
through 22a-349a, as amended;
(3)
Construction or placement of any structure or obstruction within
the tidal, coastal or navigable waters of the state pursuant to C.G.S.
§§ 22a-359 through 22a-363 or in designated tidal wetlands
pursuant to C.G.S. §§ 22a-28 through 22a-35, as amended;
(4)
Diversion of water, including withdrawals of surface or ground water
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 C.G.S. §§ 22a-365 through 22a-378a, as amended;
(5)
Discharges into the waters of the state pursuant to C.G.S. § 22a-430,
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 Energy and Environmental Protection shall have
exclusive jurisdiction over regulated activities and other activities
in or affecting wetlands or watercourses undertaken by any department,
agency or instrumentality of the State of Connecticut, except any
local or regional board of education, pursuant to C.G.S. § 22a-39
or 22a-45a.
C.
The Commissioner of Energy and Environmental Protection shall have
exclusive jurisdiction over tidal wetlands designated and regulated
pursuant to C.G.S. §§ 22a-28 through 22a-35, as amended.
D.
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 C.G.S. § 22a-402 or a dam construction
permit issued by the Commissioner of Energy and Environmental Protection
under C.G.S. §§ 22a-403 or 22a-41. 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 agency
for any action necessary to comply with said dam order 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 Inland Wetlands
Commission of the Town of Winchester.
B.
The Agency shall regulate 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 other regulated activity, unless such operation or use is permitted or nonregulated pursuant to § 390-4 of these regulations.
C.
Any person found to be conducting or maintaining a regulated activity without the prior authorization of the Town of Winchester Inland Wetlands Commission, or violating any other provision of these regulations, shall be subject to the enforcement proceedings and penalties prescribed in § 390-14 of these regulations and any other remedies as provided by law.
A.
Any person proposing to conduct or cause to be conducted a regulated activity upon an inland wetland or watercourse, or renew or amend a permit to conduct such activity, shall apply for a permit on a form entitled "Town of Winchester Inland Wetlands and Watercourses Agency - Application for Permit." The application shall be filed with the Town Inland Wetlands Commission. An application shall include an application form and such information as prescribed by Subsection E and, in the case of a significant activity, by Subsection F of this section, and any other information the Agency may reasonably require. Application forms may be obtained in the office of the Winchester Planning and Community Development Department.
B.
If an application to the Town of Winchester Planning and Zoning Commission
for subdivision or resubdivision of land involves land containing
a wetland or watercourse, the applicant shall, in accordance with
C.G.S. § 8-3(g), 8-3c or 8-26, as applicable, submit an
application for a permit to the Agency in accordance with this section,
no later than the day the application is filed with such Planning
and Zoning Commission.
C.
All applications shall contain such information as is necessary for
a fair and informed determination thereon by the Agency.
D.
A prospective applicant may request the Agency 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)
The owner's name, mailing address and telephone number and written
consent of the landowner(s) if the applicant is not the owner of the
land upon which the subject activity is proposed;
(3)
Applicant's interest in the land;
(4)
The geographical location of the land which is to be affected by
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; at the option
of Agency, this information shall be shown on a site map prepared
by a licensed soils scientist;
(5)
The purpose and a description of the proposed activity and proposed
erosion and sedimentation controls and other management practices
and mitigation measures which may be considered as a condition of
issuing a permit for the proposed regulated activity, including, but
not limited to, measures to:
(6)
Alternatives considered and subsequently rejected by the applicant
and why the alternative to alter wetlands set forth in the application
was chosen. All such alternatives shall be diagrammed on a site plan
or drawing;
(7)
A site plan showing existing and proposed conditions in relation
to wetlands and watercourses and identifying any further activities
associated with, or reasonably related to, the proposed regulated
activity which are made inevitable by the proposed regulated activity
and which may have an impact on wetlands or watercourses and off-site
wetlands or watercourses;
(8)
Names and mailing addresses of property owners within 300 feet;
(9)
Certification that the applicant is familiar with all the information
provided in the application and is aware of the penalties for obtaining
a permit through deception or through inaccurate or misleading information;
(10)
Authorization for the Commissioners and agents of the Agency
to inspect the property at reasonable times, both before and after
a final decision has been issued;
(11)
A completed DEEP reporting form; the Agency 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 Section 22a-39-14 of the Regulations of Connecticut State Agencies;
(12)
Any other information the Commission deems necessary to the
understanding of what the applicant is proposing;
(13)
Submission of the appropriate filing fee based on the fee schedule established in § 390-19 of these regulations;
(14)
At any time during the hearing process, the Agency may require an applicant to pay a fee for reasonable costs and expenses for expert engineering and other consultant services such as, but not limited to, performing or verifying the accuracy of a resource area survey and delineation, analysis or resource area functions and characteristics, wildlife evaluations, hydrogeologic and drainage analysis and environmental or land use law, deemed necessary to come to a final decision on the application. See Chapter 58, Article II, of the Town Code.
F.
If the proposed activity involves a significant impact activity as determined by the Agency and defined in § 390-2 of these regulations, 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 or operation and the land which
will be affected, which show existing and proposed conditions, wetland
and watercourse boundaries, land contours, boundaries of landownership,
proposed alterations and use of wetlands and watercourses, and other
pertinent features of the land and 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 that 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)
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)
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;
(7)
Management practices and other measures designed to mitigate the
impact of the proposed activity. Such measures include, but are not
limited to, plans or actions which prevent or minimize pollution or
other environmental damage, maintain or enhance existing environmental
resources, or in the following order of priority, restore, enhance
and create productive wetland or watercourses resources.
G.
The applicant shall certify whether:
(1)
Any portion of the property on which the regulated activity is proposed
is located within 500 feet of the boundary of an adjoining municipality;
(2)
Traffic attributable to the completed project on the site will use
streets within the adjoining municipality to enter or exit the site;
(3)
Sewer or water drainage from the project site will flow through and
impact the sewage or drainage system within the adjoining municipality;
or
(4)
Water run-off from the improved site will impact streets or other
municipal or private property within the adjoining municipality.
H.
A reporting form shall be completed during the application process
which provides the Commissioner of the Department of Energy and Environmental
Protection with information necessary to properly monitor the inventory
of state wetlands. The reporting form shall be part of the application
and the following information shall be provided by the applicant:
name of applicant; location of the project; project and site description;
area of wetlands and/or linear feet of watercourse proposed to be
altered. The agency shall be responsible for the remaining information
and any corrections on the form and for the filing it in accordance
with Section 22A-39-14 of the inland wetlands and watercourses regulations
of the Department of Energy and Environmental Protection.
I.
To comprise a complete application, the original and copies of all
application materials shall be submitted as directed, in writing,
by the Agency.
J.
Any application to renew or amend an existing permit shall be filed with the Agency in accordance with § 390-8 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 § 390-7 of these regulations, provided:
(1)
The application may incorporate the documentation and record of the
original application;
(2)
The application shall state the reason why the authorized activity
was not initiated or completed within the time specified in the permit;
(3)
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;
(4)
The Agency may, prior to the expiration of a permit, accept an untimely
application to renew such permit if the authorized activity is ongoing
and allow the continuation of work beyond the expiration date if,
in its judgment, the permit is likely to be renewed and the public
interest or environment will be best served by not interrupting the
activity;
(5)
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.
K.
Any application to renew a permit shall be granted upon request of
the permit holder unless the Agency 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.
A.
All applications, petitions, requests or appeals shall be submitted
to the Inland Wetlands Commission of the Town of Winchester.
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 Norfolk, Colebrook, New Hartford, Goshen, Barkhamsted or Torrington,
the applicant shall give written notice of the proposed activity,
certified mail, return receipt requested, to the adjacent municipal
wetlands agency on the same day of filing an inland wetland permit
application with the Winchester Inland Wetlands Commission. Documentation
of such notice shall be provided to the Winchester Inland Wetlands
Commission in accordance with C.G.S. § 8-7d.
C.
Agency notification of adjoining municipalities.
(1)
The Agency shall, in accordance with C.G.S. § 8-7d, Subsection
(f), 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 affected by a decision of the agency
is within 500 feet of the boundary of an adjoining municipality;
(b)
A significant portion of the traffic to the completed project
on the site will use streets within the adjoining municipality to
enter or exit the site;
(c)
A significant portion of the sewer or water drainage from the
project 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 C.G.S. § 16-1, the applicant shall provide written notice of the application to the water company and to the Commissioner of Public Health in a format prescribed by said Commissioner, provided such water company has filed a map showing the boundaries of the watershed on the land records of the Town and with the Inland Wetlands Commission. Such notice shall be made by certified mail, return receipt requested, and shall be mailed not later than seven days after the date of the application. The water company and the Commissioner of Public Health, through a representative, may appear and be heard at any hearing on the application. Documentation of such notice shall be provided to the Agency.
E.
The date of receipt of any application, petition, request or appeal
shall be the day of the next regularly scheduled meeting of the Agency
immediately following the day of submission of such application, petition
or appeal to such Agency or its agent, 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 Agency may reasonably require. Requests for such additional information shall not stay the time limitations as set forth in § 390-11B of these regulations.
G.
All applications shall be open for public inspection.
H.
Incomplete applications may be denied.
A.
The Agency shall not hold a public hearing on an application unless
the Agency determines that the proposed activity may have a significant
impact on wetlands or watercourses or a petition signed by at least
25 persons who are 18 years of age or older and who reside in the
Town, requesting a hearing, is filed with the Agency not later than
14 days after the date of receipt of such application, or the Agency
finds that a public hearing regarding such application would be in
the public interest. The Agency may issue a permit without holding
a public hearing, provided no petition provided for in this section
is filed with the Agency on or before the 14th day after the date
of receipt of the application. Such hearing shall be held in accordance
with C.G.S. § 8-7d.
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.
C.
Notice of the public hearing shall be sent by certified mail to all
owners of record of land within 300 feet, no less than 15 days prior
to the day of the hearing.
D.
In the case of any application which is subject to the notification provisions of § 390-8C 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 Agency 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 Agency may also consider comments on any application from the
Northwest Conservation District, the Northwest Hills Council of Governments
or other regional organizations; 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 C.G.S. §§ 22a-36 to 22a-45, inclusive, including
matters relating to regulating, licensing and enforcing the provisions
thereof, the Agency shall take into consideration all relevant facts
and circumstances in making its decision on any application for a
permit, including but not limited to the following:
(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 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 for issuing a permit for such
activity, including, but not limited to, measures to:
(5)
The character and degree of injury to, or interference with, safety,
health or the reasonable use of property which is caused or threatened
by the proposed regulated activity; and
(6)
Impacts of the proposed regulated activity on wetlands or watercourses
outside the area for which the activity is proposed and future activities
associated with or reasonably related to the proposed regulated activity
which are made inevitable by the proposed regulated activity and which
may have an impact on wetlands or watercourses.
C.
In the case of an application which received a public hearing pursuant to a finding by the Agency that the proposed activity may have a significant impact on wetlands or watercourses, a permit shall not be issued unless the Agency finds on the basis of the record that a less environmentally damaging feasible and prudent alternative does not exist. In making this finding, the Agency shall consider the facts and circumstances set forth in Subsection B of this section. This finding and the reasons therefor shall be stated in the record of the decision, in writing, by the Agency.
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 Agency 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 Agency shall base its decision on the record of that hearing.
Documentary evidence or other material not in the hearing record shall
not be considered by the Agency in its decision. A conclusion that
a feasible and prudent alternative does not exist does not create
a presumption that a permit should be issued. The applicant has the
burden of demonstrating that his application is consistent with the
purposes and policies of these regulations and C.G.S. §§ 22a-36
to 22a-45, inclusive.
G.
The Inland Wetlands 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.
A.
The Agency, or its duly authorized agent acting pursuant to § 390-12 of these regulations, may, in accordance with § 390-10 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.
The Agency may hold a hearing on an application in accordance with
C.G.S. § 8-7d. The failure of the Agency to act within any
time period specified in this subsection, or any extension thereof,
shall not be deemed to constitute approval of the application. The
Agency does not have the authority to table or reject an application
for incompleteness. An application deemed incomplete by the Agency
must either be withdrawn by the applicant or denied by the Agency.
The Agency may, in its discretion, for one occasion only, waive the
application fee for a resubmitted application.
C.
The Agency 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 § 390-10 of these regulations, incorporate a statement relative to the consideration of feasible and prudent alternatives.
D.
The Agency shall notify the applicant and any person entitled to
such notice of its decision within 15 days of the date of the decision
by certified mail, return receipt requested, and the Agency shall
cause notice of its order, in the issuance or denial of the permit,
to be published in a newspaper having general circulation in the town
wherein the inland wetland or watercourse lies. In any case in which
such notice is not published within such fifteen-day period, the applicant
may provide for the publication of such notice within 10 days thereafter.
E.
If an activity authorized by an inland wetland permit also involves
an activity which requires a zoning or subdivision approval, special
zoning permit, variance or special exception, under C.G.S. § 8-3(g),
8-3c or 8-26, the Agency shall file a copy of the decision and report
on the application with the Town of Winchester Planning and Zoning
Commission within 15 days of the date of the decision thereon.
F.
If the Agency denies the permit, or if it grants a permit with terms,
conditions, limitations or modifications, the applicant may attempt
to modify the proposal to the Agency's satisfaction. The Agency shall
determine whether the proposed modification requires the filing of
a new application. The rejection of a modified or corrected application
by the Agency shall be equivalent to the denial of an application
for the purposes of appeal.
G.
If the Agency denies a permit, the application shall not be resubmitted
unless the proposal is modified in a fashion that substantially changes
the impacts which resulted in the denial. Such submittal shall take
the form of a new application.
H.
Any permit issued by the Agency for the development of land for which
an approval is required under C.G.S. § 8-3, 8-25 or 8-26
shall be valid for five years, provided the Agency may establish a
specific time period within which any regulated activity shall be
conducted. Any permit issued by the Agency for any other activity
shall be valid for not less than two years and not more than five
years.
I.
If a bond or insurance is required in accordance with § 390-13 of these regulations, the Agency may withhold issuing the permit until such bond or insurance is provided.
J.
General provisions in the issuance of all permits.
(1)
If the Agency has relied in whole or in part on information provided
by the applicant and if such information subsequently proves to be
false, deceptive, incomplete or inaccurate, the permit may be modified,
suspended or revoked.
(2)
All permits issued by the Agency are subject to and do not derogate
any present or future rights or powers of the Agency or the Town of
Winchester, 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 property or activity.
(3)
If the activity authorized by the inland wetland permit also involves
an activity which requires zoning or subdivision approval, special
permit, variance or special exception, under C.G.S. § 8.3(g),
8-3c or 8-26, 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)
No permit issued by the Agency shall be assigned or transferred without
the written permission of the Agency.
(6)
The permittee shall be required to flag all wetlands and maintain
siltation barriers to define the location of wetlands and watercourses
for the duration of the permit.
A.
The Agency may delegate to its duly authorized agent the authority to approve or extend an activity that is not located in a wetland or watercourse when such agent finds that the conduct of such activity would result in no greater than a minimal impact on any wetlands or watercourses, provided such agent has completed the comprehensive training program developed by the Commissioner of Energy and Environmental Protection pursuant to C.G.S. § 22a-39. Requests for such approval shall be made on a form provided by the Agency and shall contain the information the Agency may reasonably require. Notwithstanding the provisions for receipt and processing of applications prescribed in §§ 390-8, 390-9 and 390-11 of these regulations, such agent may approve or extend such an activity at any time.
B.
Any person receiving such approval from such agent shall, within 10 days of the date of such approval, publish, at the applicant's expense, notice of the approval in a newspaper having a general circulation in the town wherein the activity is located or will have an effect. Any person may appeal such decision of such agent to the Agency within 15 days after the publication date of the notice and the Agency shall consider such appeal at its next regularly scheduled meeting, provided such meeting is no earlier than three business days after receipt by such Agency or its agent of such appeal. The Agency shall, at its discretion, sustain, alter or reject the decision of its agent or require an application for a permit in accordance with § 390-7 of these regulations. Any person may appear and be heard at the meeting held by the Agency to consider the subject appeal.
A.
Upon approval of the application and prior to issuance of a permit,
the applicant may, at the discretion of the Agency, be required to
file a bond with a surety, rated at least A- by A.M. Best Co., in
such amount and in a form approved by the Agency.
B.
The bond or surety shall be conditioned on compliance with all provisions
of these regulations and the terms, conditions and limitations established
in the permit.
C.
The Agency may require the applicant to submit written evidence that
it has public liability insurance against liability which might result
from the proposed operation or use of the wetlands or watercourses
covering any and all damage which may occur within two years of completion
of such operations, in an amount commensurate with the regulated activity.
A.
The Agency may appoint an agent or agents to act in its behalf with the authority to inspect property, except a private residence, and issue notices of violation or cease-and-desist orders and carry out other actions or investigations necessary for the enforcement of these regulations. In carrying out the purposes of this section, the Agency or its duly authorized agent shall take into consideration the criteria for decision under § 390-10B of these regulations.
B.
The Agency or its agent may make regular inspections, at reasonable
hours, of all regulated activities for which permits have been issued
under these regulations.
C.
If the Agency or its designated agent finds that any person is conducting
or maintaining any activity, facility or condition which is in violation
of the Act or these regulations, the Agency or its duly authorized
agent may:
(1)
Issue a written order by certified mail, return receipt requested,
to such person conducting such activity or maintaining such facility
or condition to immediately cease such activity or to correct such
facility or condition. Within 10 calendar days of the issuance of
such order, the Agency shall hold a hearing to provide the person
an opportunity to be heard and show cause why the order should not
remain in effect. The Agency shall consider the facts presented at
the hearing and within 10 days of the completion of the hearing notify
the person by certified mail that the original order remains in effect,
that a revised order is in effect or that the order has been withdrawn.
The Agency shall publish notice of its decision in a newspaper having
general circulation in the Town. The original order shall be effective
upon issuance and shall remain in effect until the Agency affirms,
revises or withdraws the order. The issuance of an order pursuant
to this subsection shall not delay or bar an action pursuant to C.G.S.
§ 22a-44(b), 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 Agency 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 Agency shall hold a hearing
to provide the permittee an opportunity to show that it is in compliance
with its permit and any and all requirements for retention of the
permit. The permittee shall be notified of the Agency's decision to
suspend, revoke or maintain a permit by certified mail within 15 days
of the date of its decision. The Agency shall publish notice of the
suspension or revocation in a newspaper having general circulation
in the municipality.
(3)
Issue a notice of violation to such person or agent conducting such activity or maintaining such facility or condition, stating the nature of the violation, the jurisdiction of the Agency and prescribing the necessary action and steps to correct the violation, including, without limitation, halting work in wetlands or watercourses and/or restoring, to the extent possible, any disturbed area to the condition in which it was immediately prior to the violation. The Agency may request that the individual appear at the next regularly scheduled meeting of the Agency to discuss the unauthorized activity, and/or provide a written reply to the notice or file an application for the necessary permit. Failure to carry out the action(s) directed in a notice of violation may result in issuance of the order provided in Subsection C(1) or other enforcement proceedings as provided by law. The penalty for violation of these regulations includes but is not limited to issuance of a citation by the enforcement officer in the amount of $150 for each violation, for each day such violation continues, as authorized under C.G.S. § 22a-42g; or, ultimately, fines of $1,000 for each violation for each day such violation continues, plus court costs and Town expenses in accordance with C.G.S. § 22a-44, as amended.
A.
These regulations and the Inland Wetlands and Watercourses Map for
the Town of Winchester shall be amended, from time to time, by the
Agency in accordance with changes in the Connecticut General Statutes
or regulations of the Connecticut Department of Energy and Environmental
Protection, or as new information regarding soils and inland wetlands
and watercourses becomes available.
B.
An application filed with an Inland Wetlands Agency which is in conformance
with the applicable Inland Wetlands Regulations as of the date of
decision of such agency with respect to such application shall not
be required thereafter to comply with any change in Inland Wetlands
Regulations, including changes to setbacks and buffers, taking effect
on or after the date of such decision, and any appeal from the decision
of such Agency with respect to such application shall not be dismissed
by the Superior Court on the grounds that such a change has taken
effect on or after the date of such decision. The provisions of this
subsection shall not be construed to apply:
C.
These regulations and the Town of Winchester Inland Wetlands and
Watercourses Map shall be amended in the manner specified in C.G.S.
§ 22a-42a, as amended. The Agency 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. Application forms
and fee schedule shall be considered part of the Agency regulations.
D.
Petitions requesting changes or amendments to the Inland Wetlands
and Watercourses Map of Winchester, 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 involved in the
petition and the existing and the proposed wetland(s) and watercourse(s)
boundaries on such land in accurate detail, together with the documentation
supporting such proposed boundary locations;
(5)
The reasons for the requested action; and
(6)
The names and addresses of adjacent property owners.
E.
Any person who submits a petition to amend the Inland Wetlands and Watercourses Map, Winchester, 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(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 Agency shall hold a
public hearing to consider the petition. The Agency 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 Inland Wetland Agency to act within any time period
specified in this subsection, or any extension thereof, shall not
be deemed to constitute approval of the petition.
I.
The Agency shall make its decision and state, in writing, the reasons
why the change in the Inland Wetlands and Watercourses Map 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 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 Winchester, State of
Connecticut and 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 Agency by certified check or money order payable
to the Town of Winchester at the time the application is filed with
the Agency.
B.
No application shall be granted or approved by the Agency unless the correct application fee is paid in full or unless a waiver has been granted by the Agency pursuant to Subsection G of this section.
C.
The application fee is not refundable.
D.
COMMERCIAL USES
OTHER USES
RESIDENTIAL USES
Definitions. 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
fee schedule.
(1)
Fee
schedule.
(a)
Application fees (which include a $30 state surcharge) shall be based
on the following schedule:
[1]
Basic filing fee: $155.
[2]
Permit extension and/or transfer fee: $85.
[3]
Residential subdivision: $155, plus $45 per lot.
[4]
Each after-the-fact activity: $655.
[5]
Multifamily development: $155, plus $30 per unit.
[6]
Commercial and industrial sites: $155, plus $0.01 per square
foot of newly created impervious area proposed to be created. (Gravel
accessways, storage areas and parking lots are to be included in the
calculation.)
[7]
Public hearing fee: $300.
[9]
Petition for map change: $200, plus $0.02 per linear foot of
wetland boundary line, plus $300 public hearing fee.
(g)
Special permit (applicant requiring both IWC and P&Z permit):
$35, plus $30 state surcharge.
(There shall be no fee for correcting typographical or other
errors)
(2)
Schedule A. For the purpose of calculating the permit application
fee, the regulated area in Schedule A is the total area of wetlands
and watercourses upon which a regulated activity is proposed.
|
Regulated Area
(square feet)
|
Fee per 1,000 Square Feet
|
|---|---|
|
Less than 2,500
|
$20
|
|
2,500 to 50,000 "A" plus
|
$15
|
|
More than 50,000 "B" plus
|
$10
|
(3)
Schedule B. For the purpose of calculating the map amendment petition
fee, the regulated area in Schedule B is the total length of wetlands
and watercourses boundary subject to the proposed boundary change.
|
Regulated Area
(linear feet)
|
Fee per 1,000 Linear Feet
|
|---|---|
|
Less than 500
|
$50
|
|
500 to 1,000 "A" plus
|
$20
|
|
More than 1,000 "B" plus
|
$10
|
F.
Exemption. Boards, commissions, councils and departments of the Town
of Winchester are exempt from all fee requirements, as well as properties
located within the Winchester Industrial Parks.
G.
Waiver.
(1)
The applicant may petition the Agency to waive, reduce or allow delayed
payment of the fee. Such petitions shall be in writing and shall state
fully the facts and circumstances the Agency should consider in its
determination under this subsection. The Agency may waive all or part
of the application fee if the Agency determines that:
(a)
The activity applied for would clearly result in a substantial
public benefit to the environment or to the public health and safety
and the applicant would reasonably be deterred from initiating the
activity solely or primarily as a result of the amount of the application
fee; or
(b)
The amount of the application fee is clearly excessive in relation
to the cost to the Town for reviewing and processing the application.
(2)
The Agency shall state upon its record the basis for all actions
under this subsection.
A.
The Agency and the Town Clerk for the Town of Winchester shall retain complete administrative records of Agency actions and dispose of such records in accordance with the retention/disposition schedules set forth in Subsection B.
B.
Records shall be retained in accordance with the current records
retention schedule adopted by the Connecticut State Library.
These regulations shall become effective April 17, 2006, 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 Winchester.
