These regulations and the Inland Wetlands and Watercourses Map
for the Town of Canton may be amended, from time to time, by the Agency
in accordance with changes in the Connecticut General Statutes or
regulations of the Connecticut Department of Energy and Environmental
Protection, or as new information regarding soils and inland wetlands
and watercourses becomes available.
An application filed with the Agency which is in conformance
with the applicable inland wetlands regulations as of the date of
the receipt of such application shall not be required thereafter to
comply with any change in inland 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 Agency with respect
to such application shall not be dismissed by the Superior Court on
the grounds that such a change has taken effect on or after the date
of such receipt. The provisions of this article shall not be construed
to apply 1) to the establishment, amendment or change of boundaries
of inland wetlands or watercourses or 2) to any change in regulations
necessary to make such regulations consistent with the provisions
of the Act as of the date of such receipt.
These regulations and the Town of Canton Inland Wetlands and
Watercourses Map shall be amended in the manner specified in § 22a-42a
of the Connecticut General Statutes, 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.
Petitions requesting changes or amendments to the "Inland Wetlands
and Watercourses Map, Town of Canton, Connecticut", shall contain
at least the following information:
A. The petitioner's name, mailing address and telephone
number;
B. The address, or location, of the land affected by the
petition;
C. The petitioner's interest in the land affected
by the petition
D. 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
E. The reasons for the requested action.
Any person who submits a petition to amend the Inland Wetlands and Watercourses Map, Town of Canton, 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 §
460-1504, the petition shall include:
A. The name, mailing address and telephone number of the
owner(s) of such land and owner(s) agent or other representative;
B. The names and mailing addresses of the owners of abutting
land;
C. 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 said land indicating
the flag locations set by the soil scientist and defining the boundaries
of wetland soil types; and
D. Map(s) showing any proposed development of the land
in relation to existing and proposed wetland and watercourse boundaries.
Watercourses shall be delineated by a soil scientist, geologist,
ecologist or other qualified individual.
A public hearing shall be held on petitions to amend the 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. All materials including maps and documents
relating to the petition shall be open for public inspection.
The Agency shall hold a public hearing on a petition to amend
the regulations and the Inland Wetlands and Watercourses Map within
65 days after receipt of such petition. The hearing shall be completed
within 35 days of commencement. The Agency shall act upon the changes
requested in such petition 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 the periods specified in this subsection,
provided the total extension of all such periods shall not be for
longer than 65 days, or may withdraw such petition. 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 petition.
The Agency shall make its decision and state, in writing, the
reasons why the change in the Inland Wetlands and Watercourses Map
was made.