[HISTORY: Adopted by the Inlands Wetlands Agency and set
forth here as amended through 3-20-2013, effective 3-31-2013. Subsequent amendments noted where
applicable.]
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 forever more. The preservation
and protection of the wetlands and watercourses from random, unnecessary,
undesirable and unregulated uses, disturbance or destruction is in
the public interest and is essential to the health, welfare and safety
of the citizens of the state. It is, therefore, the purpose of this
chapter 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 fresh water supplies from the dangers of drought, overdraft,
pollution, misuse and mismanagement by providing an orderly process
to balance the need for the economic growth of the 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 chapter shall be known as the "Inland Wetlands and Watercourses
Regulations of the Town of Woodbridge."
C.
The Inland Wetlands Agency of the Town of Woodbridge was established
in accordance with an ordinance adopted by the Town of Woodbridge
and shall implement the purposes and provisions of this chapter and
the Inland Wetlands and Watercourses Act in the Town of Woodbridge.
D.
These chapter have been adopted and may be amended, from time to
time, in accordance with the provisions of the Inland Wetlands and
Watercourses Act and this chapter.
E.
The Agency 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 Woodbridge
pursuant to sections 22a-36 to 22a-45, inclusive, of the Connecticut
General Statutes, as amended.
As used in this chapter:
The area of land adjacent to a stream that is subject to
inundation during a storm event that has a recurrence interval of
100 years.
The Inland Wetlands and Watercourses Act, Sections 22a-36
through 22a-45, inclusive, of the Connecticut General Statutes, as
amended.
The Inland Wetlands Agency of the Town of Woodbridge.
Conservation practices or management measures which control
soil loss and reduce water quality degradation caused by nutrients,
animal wastes, toxics, sediment, and runoff.
Are 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 commissioner of the State of Connecticut Department of
Energy and Environmental Protection (DEEP).
A flow of water which persists for an extended period of
time; this flow may be interrupted during periods of drought or during
the low flow period of the annual hydrological cycle, June through
September, but it recurs in prolonged succession.
Includes, but shall not be limited to, fill, grade, dump,
place, discharge or emit.
The improvement of property for any purpose involving building.
Subdivision, or the division of a tract or parcel of land into
two or more parcels.
The combination of any two or more lots, tracts, or parcels
of property for any purpose.
The preparation of land for any of the above purposes.
Emission of any water, substance, or material into waters
of the state whether or not such substance causes pollution.
That the proposed activity is necessary and indispensable
to sustain farming activities on the farm.
Able to be constructed or implemented consistent with sound
engineering principles.
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 Sections 22a-36 to 22a-45, inclusive, of the
Connecticut General Statutes.
A practice, procedure, activity, structure or facility designed
to prevent or minimize pollution or other environmental damage or
to maintain or enhance existing environmental quality. Such management
practices include, but are not limited to: erosion and sedimentation
controls; restrictions on land use or development; construction setbacks
from wetlands or watercourses; proper disposal of waste materials;
procedures for equipment maintenance to prevent fuel spillage; construction
methods to prevent flooding or disturbance of wetlands and watercourses;
procedures for maintaining continuous stream flows; confining construction
that must take place in watercourses to times when water flows are
low and fish and wildlife will not be adversely affected.
Are 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 Woodbridge. "Nonpoint Source Pollution" means
pollution which is generated by various land use activities rather
than from an identifiable or discrete source, and is conveyed to waterways
through natural processes, such as rainfall, storm runoff, or groundwater
seepage rather than direct discharge.
Places where plants are grown for sale, transplanting, or
experimentation.
See "license."
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.
Economically and otherwise reasonable in light of the social
benefits to be derived from the proposed regulated activity provided
cost may be considered in deciding what is prudent and further provided
a mere showing of expense will not necessarily mean an alternative
is imprudent.
Any operation within or use of a wetland or watercourse involving removal or deposition of material, or any obstruction, construction, alteration or pollution of such wetlands or watercourses, but shall not include the specified activities in § 460-4 of this chapter. Furthermore, any clearing, grubbing, filling, grading, paving, excavating, constructing, depositing or removing of material and discharging of stormwater on the land within 100 feet measured horizontally from the boundary of any wetland or watercourse is a regulated activity. The agency may rule that any other activity located within such upland review area or in any other nonwetland or nonwatercourse area is likely to impact or affect wetlands or watercourses and is 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 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 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.
The part of a watercourse either naturally or artificially
created which contains an intermittent watercourse.
Reference Appendix D (Guidelines for Protection of Stream
Water Quality), Appendix E (Stream Order) and Appendix F (Stream Management
Areas).[2]
A classification system for streams based on stream hierarchy.
The smaller the stream, the lower its numerical classification. For
example, a first order stream does not have tributaries and normally
originates from springs and/or seeps. At the confluence of two first
order streams, a second order stream begins, at the confluence of
two second order streams, a third order stream begins, at the confluence
of two third order streams a fourth order stream begins and so on.
(See Appendix E)[3]
A stream channel together with one or both of the following:
Perennial and intermittent watercourses identified through
site inspection. Perennial streams may be depicted on a USGS map with
a solid blue line. Intermittent streams may be depicted on a USGS
map with a dotted blue line.
Those lands which are inundated by water on a seasonal or
more frequent basis.
Are watercourses that are distinguished by the dominance
of wetland trees and shrubs.
The Town of Woodbridge.
Are temporary pools of water that provide habitat for distinctive
plants and animals. They are considered to be a distinctive type of
wetland usually devoid of fish, and thus allow the safe development
of natal amphibian and inspect species unable to withstand competition
or predation by fish. During most years, a vernal pool basin will
experience inundation from local surface runoff. Inundation of the
vernal pool only lasts a short time, and then becomes dry until the
following season. They are called vernal pools because they are often,
but not necessarily, at their maximum depth in the spring ("vernal"
meaning of, relating to, or occurring in the spring). Despite being
dry at times, once filled, vernal pools teem with life. The most obvious
inhabitants are various species of frogs and toads. Some salamanders
also utilize vernal pools for reproduction, but the adults may visit
the pool only briefly. Other indicator species, at least in New England,
are the wood frog, the spadefoot toad, and some species of mole salamanders.
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 Sections 22a-28 through 22a-35, inclusive, of the Connecticut
General Statutes. Intermittent watercourses shall be delineated by
a defined permanent channel and bank and the occurrence of two or
more of the following characteristics: a) evidence of scour or deposits
of recent alluvium or detritus, b) the presence of standing or flowing
water for a duration longer than a particular storm incident, and
c) the presence of hydrophytic vegetation.
Land, including submerged land as defined in this section,
not regulated pursuant to Sections 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: Said appendix is included as an attachment to this chapter.
[2]
Editor's Note: Said appendixes are included as an attachment to this chapter.
[3]
Editor's Note: Said appendix is included as an attachment to this chapter.
A.
The map of wetlands and watercourses entitled "Inland Wetlands and
Watercourses Map, Woodbridge, 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 Agency. 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 Agency may use aerial photography, remote
sensing imagery, resource mapping, soils maps, site inspection observations
or other information in determining the location of the boundaries
of wetlands and watercourses.
B.
Any person may petition the Agency 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 Agency may require such person to provide an accurate delineation of regulated areas in accordance with § 460-15 of this chapter.
C.
The Agency shall maintain a current inventory of regulated areas
within the Town. The Agency may amend its map as more accurate information
becomes available.
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 subdivision shall not be construed to include road
construction or the erection of buildings not directly related to
the farming operation, relocation of watercourses with continual flow,
filling or reclamation of wetlands or watercourses with continual
flow, clear cutting of timber except for the expansion of agricultural
crop land, the mining of top soil, 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 a municipal planning, zoning
or planning and zoning commission as of the effective date of promulgation
of the municipal regulations pursuant to Subsection (b) of Section
22a-42a, or as of July 1, 1974, whichever is earlier, and further
provided no residential home shall be permitted as of right pursuant
to this subdivision 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 site 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 Section
16-1 of the Connecticut General Statutes or by municipal water supply
systems as provided for in Chapter 102 of the Connecticut General
Statutes, of dams, reservoirs and other facilities necessary to the
impounding, storage and withdrawal of water in connection with public
water supplies; except as provided in Sections 22a-401 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 Section
22a-42a of the Connecticut General Statutes or July 1, 1974, whichever
is earlier, provided such pipe is on property which is zoned as residential
but which does not contain hydrophytic vegetation. For purposes of
this subdivision, "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 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;
(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 such dry hydrant is only used
for firefighting purposes and there is no alternative access to a
public water supply. For purposes of this section, "dry hydrant" means
a nonpressurized pipe system that: A) is readily accessible to fire
department apparatus from a proximate public road, B) provides for
the withdrawal of water by suction to such fire department apparatus,
and C) is permanently installed into an existing lake, pond or stream
that is a dependable source of water.
C.
All activities in wetlands or watercourses involving filling, excavating, dredging, clear cutting, clearing, or grading or any other alteration or use of a wetland or watercourse not specifically permitted by this section and otherwise defined as a regulated activity by this chapter shall require a permit from the Agency in accordance with § 460-6 of this chapter, or for certain regulated activities located outside of wetlands and watercourses from the duly authorized agent in accordance with § 460-12 of this chapter.
D.
To carry out the purposes of this section, any person proposing a
permitted operation and use or a nonregulated operation and use shall,
prior to commencement of such operation and 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 a wetland or watercourse.
The Agency shall rule that the proposed operation and use or portion
of it is a permitted or nonregulated 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, agency or instrumentality
of the State of Connecticut, except any local or regional board of
education, pursuant to Sections 22a-39 or 22a-45a of the Connecticut
General Statues.
B.
The Commissioner of Energy and Environmental Protection shall have
exclusive jurisdiction over tidal wetlands designated and regulated
pursuant to Sections 22a-28 through 22a-35 of the Connecticut General
Statutes, as amended.
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 Section 22a-402 of the Connecticut General Statutes
or a permit issued by the Commissioner of Energy and Environmental
Protection under Sections 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 agency
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,[1] for activities regulated by the U.S. Army Corps of Engineers
under Section 404 of the Federal Clean Water Act.[2]
A.
No person shall conduct or maintain a regulated activity without
first obtaining a permit for such activity from the Inland Wetlands
Agency of the Town of Woodbridge. Any permit granted by the Agency
shall be recorded in the land records of the Town of Woodbridge on
such form prescribed by the Agency.
B.
Any person found to be conducting or maintaining a regulated activity without the prior authorization of the Agency, or violating any other provision of this chapter, shall be subject to the enforcement proceedings and penalties prescribed in § 460-14 of this chapter 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 Agency. The application shall contain the
information described in this section and any other information the
Agency may reasonably require. Application forms may be obtained in
the office of the Woodbridge Inland Wetlands Agency.
B.
If an application to the Woodbridge Town Plan and Zoning Commission
for a site plan, special permit or special exception, subdivision
or resubdivision of land involves land containing a wetland or watercourse,
the applicant shall, in accordance with Section 8-3(g), 8-3c, or 8-26,
as applicable, of the Connecticut General Statutes, 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, zoning,
or planning and zoning commission.
C.
The application 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; 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;
(2)
The owner's name, mailing address and telephone number and written
consent of the land owner if the applicant is not the owner of the
land upon which the subject activity is proposed;
(3)
The applicant's interest in the land;
(4)
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;
(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 1) prevent or minimize pollution or other
environmental damage, 2) maintain or enhance existing environmental
quality, or 3) in the following order of priority: restore, enhance
and create productive wetland or watercourse resources;
(6)
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;
(7)
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;
(8)
Names and mailing addresses of adjacent land owners. The applicant
shall mail notice to persons who own land that is adjacent to the
land that is the subject of the application. For purposes of such
notice 1) proof of mailing shall be evidenced by a certificate of
mailing, 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) adjacent property shall mean
property which both physically abuts the subject property and property
which is directly across the street from the property. The notice
sent by the applicant shall be a copy of the face sheet of the application
and a copy of the Agency's "Notice Of Application Receipt." The required
notice shall be mailed no later than the date of submission of the
application. Proof of such mailing must be submitted to the Agency
at the time of receipt of the application by the Agency. Applications
for permit transfers and extensions are exempt from this notice requirement;
(9)
If the property which is the subject of the application is: 1) Town-owned;
or 2) has any portion of it dedicated for open space; or 3) abuts
a parcel of land owned by the Town (other than a street), Woodbridge
Land Trust, Woodbridge Park Association or South Central Connecticut
Regional Water Authority; or 4) contains an existing conservation
easement or conservation restriction; or 5) is in excess of 10 acres
in area, the applicant shall mail notice of the submission of the
application to the: Woodbridge Conservation Commission at: Woodbridge
Conservation Commission, ATTN: WCC Chair, 11 Meetinghouse Lane, Woodbridge,
CT 06525. Proof of notice shall be evidenced by a certificate of mailing.
A parcel which "abuts" shall include property which physically abuts
the subject property and also property which is directly across the
street from the property. The notice sent by the applicant shall be
a copy of the face sheet of the application and a copy of the Agency's
"Notice Of Application Receipt." The notice sent by the applicant
shall be a copy of the face sheet of the application and a copy of
the Agency's "Notice of Application Receipt." The required notice
shall be mailed no later than the date of submission of the application.
Proof of such mailing must be submitted to the Agency at the time
of receipt of the application by the Agency at its next regularly
scheduled meeting. Applications for permit transfers and extensions
are exempt from this notice requirement;
(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 Agency to inspect
the subject land, at reasonable times, during the pendency of an application
and for the life of the permit;
(12)
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;
(13)
Any other information the Agency deems necessary to the understanding
of what the applicant is proposing; and
F.
At the discretion of the Agency or its agent, or when the proposed
activity involves a significant impact, 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 land ownership, 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 Agency.
I.
Any application to renew or amend an existing permit shall be filed with the Agency in accordance with § 460-8 of this chapter 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 § 460-7 of this chapter provided:
(1)
The application may incorporate the documentation and record of the
prior application;
(2)
The application shall describe the extent of work completed at the
time of filing and the schedule for completing the activities authorized
in the permit;
(3)
The application shall state the reason why the authorized activity
was not initiated or completed within the time specified in the permit;
(4)
The application shall describe any changes in facts or circumstances
involved with or affecting wetlands or watercourses or use of the
land for which the permit was issued;
(5)
The 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.
J.
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 shall
be valid for more than 10 years; and further provided that any permit
issued prior to July 1, 2011, that did not expire prior to May 9,
2011, shall be valid for no more than 14 years.
K.
For any permit application involving property subject to a conservation
restriction or preservation restriction, the following shall apply:
(1)
For purposes of this section, "conservation restriction" means 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 in any order of taking such land whose purpose is to retain
land or water areas predominately in their natural, scenic or open
condition or in agricultural, farming, forest or open space use.
(2)
For purposes of this section, "preservation restriction" means 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.
(3)
No person shall file a permit application, other than for interior
work in an existing building or for exterior work that does not expand
or alter the footprint of an 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 not later than 60
days prior to the filing of the permit application.
A.
All petitions, applications, requests or appeals shall be submitted
to the Inland Wetlands Agency of the Town of Woodbridge.
B.
Notification.
(1)
The Agency shall, in accordance with C.G.S. § 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 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 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
Section 25-32a of the Connecticut General Statutes, the applicant
shall provide written notice of the application to the water company
and the Commissioner of Public Health in a format prescribed by said
Commissioner, provided such water company or said Commissioner 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 Agency of such municipality. 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.
D.
The date of receipt of a petition, application, request or appeal
shall be the day of the next regularly scheduled meeting of the Agency,
immediately following the day of submission to the Agency 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 Agency may reasonably require. Requests for such additional information shall not stay the time limitations as set forth in § 460-11B of this chapter.
F.
All applications shall be open for public inspection.
G.
Incomplete applications may be denied.
A.
The Inland Wetlands Agency shall not hold a public hearing on an
application unless the Inland Wetlands Agency 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 Inland Wetlands
Agency not later than 14 days after the date of receipt of such application,
or the Inland Wetlands Agency finds that a public hearing regarding
such application would be in the public interest. The Inland Wetlands
Agency may issue a permit without a public hearing provided no petition
provided for in this section is filed with the Inland Wetlands Agency
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.
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.
In addition to such notice, the applicant shall provide for additional
notice of the public hearing. Such notice shall be mailed to persons
who own land that is adjacent to the land that is the subject of the
hearing. For purposes of such additional notice, 1) proof of mailing
shall be evidenced by a certificate of mailing, 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) adjacent property shall mean property which both physically
abuts the subject property and property which is directly across the
street from the property.
A.
The Agency may consider the following in making its decision on an
application:
(1)
The application and its supporting documentation.
(3)
The Agency may also consider comments on any application from the
New Haven County Soil and Water Conservation District, the South Central
Regional Planning Agency or other regional organizations (e.g., Council
of Elected Officials); agencies in adjacent municipalities which may
be affected by the proposed activity, or other technical agencies
or organizations which may undertake additional studies or investigations.
(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 Sections 22a-36 to 22a-45, inclusive, of the Connecticut General
Statutes, including matters relating to regulating, licensing and
enforcing of the provisions thereof, the Agency 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 1) prevent
or minimize pollution or other environmental damage, 2) maintain or
enhance existing environmental quality, or 3) 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;
(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; and
(7)
Guidelines for Protection of Stream Water Quality as defined in Appendix
D, Appendix E and Appendix F.[1]
[1]
Editor's Note: Said appendixes are included as an attachment to this chapter.
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 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. 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 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.
For purposes of this section, 1) "wetlands and watercourses" includes
aquatic, plant or animal life and habitats in wetlands or watercourses,
and 2) "habitats" means areas or environments in which an organism
or biological population normally lives or occurs.
F.
A municipal Inland Wetlands Agency 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 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.
H.
In the case of an application where the applicant has provided written notice pursuant to § 460-7K(3) of this chapter, the holder of the restriction may provide proof to the Inland Wetlands Agency 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 Inland Wetlands Agency shall not grant the permit approval.
I.
In the case of an application where the applicant fails to comply with the provisions of § 460-7K(3) or (4) of this chapter, the party holding the conservation or preservation restriction may, not later than 15 days after receipt of actual notice of permit approval, file an appeal with the Inland Wetlands Agency, subject to the rules and regulations of such agency relating to appeals. The Inland Wetlands Agency shall reverse the permit approval upon a finding that the requested land use violates the terms of such restriction.
A.
The Agency, or its duly authorized agent acting pursuant to § 460-12 of this chapter, may, in accordance with § 460-10 of this chapter, 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 a) prevent or minimize pollution or other environmental damage, b) maintain or enhance existing environmental quality, or c) 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 the Agency, or its agent, determines that such restrictions are necessary to carry out the policy of Sections 22a-36 to 22a-45, inclusive, of the Connecticut General Statutes.
B.
No later than 65 days after receipt of an application, the Agency
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 the total extension of all such periods shall not be for
longer than 65 days, or may withdraw the application. 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. An application deemed incomplete by the Agency
shall be withdrawn by the applicant or denied by the Agency.
C.
The Agency shall state upon its record the reasons and bases for
its decision.
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, or variance or special exception, under Section 8-3(g),
8-3c, or 8-26 of the Connecticut General Statues, the Agency shall
file a copy of the decision and report on the application with the
Woodbridge Town Plan and Zoning Commission within 15 days of the date
of the decision thereon.
F.
Any permit issued by the Agency 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 Agency for any activity for which an approval
is not required under Chapter 124, 124b, 126 or 126a shall be valid
for not less than two years and not more than five years.
G.
No permit issued by the Agency shall be assigned or transferred without
the written permission of the Agency.
H.
If a bond or insurance is required in accordance with § 460-13 of this chapter, the Agency may withhold issuing the permit until such bond or insurance is provided.
I.
General provisions in the issuance of all permits:
(1)
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
Woodbridge, 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 Agency's permit also involves an
activity which requires zoning or subdivision approval, special permit,
variance or special exception under Section 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)
Permits are not transferable without the prior written consent of
the Agency.
A.
The Agency 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 that 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 Section 22a-39 of the Connecticut General Statutes. Requests for such approval shall be made on a form provided by the Agency and shall contain the information listed under § 460-7E of this chapter and any other information the Agency may reasonably require. Notwithstanding the provisions for receipt and processing applications prescribed in §§ 460-8, 460-9 and 460-11 of this chapter, 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. Any person may appear and be heard at the meeting held by the Agency to consider the subject 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 § 460-7 of this chapter.
A.
The Agency may require as a permit condition the filing of a bond
with such surety in such amount and in a form approved by the Agency.
B.
The bond or surety shall be conditioned on compliance with the provisions
of this chapter and the terms, conditions and limitations established
in the permit.
A.
The Agency 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 this chapter. In carrying out the purposes of this section, the Agency or its duly authorized agent shall take into consideration the criteria for decision under § 460-10B of this chapter.
B.
The Agency 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 Agency 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 Agency 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 this chapter, 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 municipality. 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 Section 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, 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. 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 § 460-14D(1) or other enforcement proceedings as provided by law.
E.
The Agency 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 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.
A.
This chapter and the Inland Wetlands and Watercourses Map for the
Town of Woodbridge 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.
B.
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 section 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.
C.
This chapter and the Town of Woodbridge Inland Wetlands and Watercourses
Map shall be amended in the manner specified in Section 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 on their adoption.
D.
Petitions requesting changes or amendments to the Inland Wetlands
and Watercourses Map, Woodbridge, 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, Woodbridge, Connecticut, shall bear the burden of proof for all requested map amendments. Such proof may include, but is not limited to, professional interpretation of aerial photography and remote sensing imagery, resource mapping, soils mapping, or other information acceptable to the Agency. If such person is the owner, developer or contract purchaser of the land which is the subject of the petition, or if such person is representing the interests of such an owner, developer or purchaser, in addition to the information required in Subsection D, the petition shall include:
(1)
The name, mailing address and telephone number of the owner(s) of
such land and owner(s) agent or other representative;
(2)
The names and mailing addresses of the owners of abutting land;
(3)
Documentation by a soil scientist of the distribution of wetland
soils on said land. Such documentation shall at a minimum include
the report of the soil scientist documenting the location of wetland
soils on the land and a map of the 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 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 after commencement. The agency 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 the total extension of all such periods shall
not be for longer than 65 days, or may withdraw such petition. 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.
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 this chapter, 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 this chapter 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 this chapter and
the provisions of the Act, the provisions of the Act shall govern.
Nothing in this chapter shall obviate the requirements for the
applicant to obtain any other assents, permits or licenses required
by law or regulation by the Town of Woodbridge, the State of Connecticut
or the government of the United States including any approval required
by the Connecticut Department of 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 this chapter shall be submitted
to the Agency by check, certified check or money order payable to
the Town of Woodbridge 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, below, of this chapter.
C.
The application fee is not refundable.
D.
COMMERCIAL USES
OTHER USES
RESIDENTIAL USES
Definitions. As used in this section:
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.
Fee schedule. Application fees shall be based on the following schedule:
(1)
Regulated activities:
|
Residential uses
|
$150 plus fee from Schedule A
|
|
Minor residential uses
|
$100
|
|
Commercial uses
|
$200 plus fee from Schedule A
|
|
Subdivisions/resubdivisions
|
$150 plus $100/lot and fee from Schedule A
|
|
All other uses
|
$150 plus fee from Schedule A
|
|
Appeal of duly authorized agent decision
|
$75
|
|
Significant activity fee
|
$500
|
|
Complex application fee
|
The Inland Wetlands Agency 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 Agency or the duly authorized agent shall estimate the complex application fee which shall be paid pursuant to § 460-19A of this chapter 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 Agency's decision.
|
(2)
Permitted and nonregulated uses:
|
Permitted uses as of right
|
No charge
|
|
Nonregulated uses
|
$60
|
(3)
Regulation amendment petitions: $250 (does not include Notices or
Regulation Advisories from DEP).
(4)
Map amendment petitions: $250 plus fee from Schedule B.
(5)
Modification of previous approval: $100.
(6)
Renewal of previous approval: $50.
(7)
Monitoring compliance fee: to be set on an as-needed basis by the
Agency as a condition of a permit approval.
(8)
Schedule A. For the purpose of calculating the permit application
fee, the area in Schedule A is the total area of wetlands and watercourses
and the upland review area upon which a regulated activity is proposed.
Square feet of area
(9)
Schedule B. For the purpose of calculating the map amendment petition
fee, linear feet in Schedule B is the total length of wetlands and
watercourses boundary subject to the proposed boundary change.
Linear feet
F.
Exemption. Boards, commissions, councils and departments of the Town
of Woodbridge are exempt from all fee requirements.
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.
(c)
The applicant has shown good cause.
(2)
The Agency shall state upon its record the basis for all actions
under this subsection.
This chapter 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 Woodbridge.
