These regulations and the Inland Wetland and Watercourse Map for the Town of Vernon may be amended from time to time by the Commission in accordance with changes in the Connecticut General Statutes or regulations of the Connecticut Department of Environmental Protection, or as new information regarding soils and inland wetlands and watercourses becomes available.
An application filed with the Commission which is in conformance with the applicable inland wetlands regulations as of the date of the receipt of such application shall not be required thereafter to comply with any change in inland wetland regulations, including changes to setbacks and buffers, taking effect on or after the date of such receipt and any appeal from the decision of such Commission with respect to such application shall not be dismissed by the Superior Court on the grounds that such a change has taken effect on or after the date of such receipt. The provisions of this section shall not be construed to apply (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 Vernon Inland Wetland and Watercourse Map (“map”) shall be amended in the manner specified in section 22a-42a of the Connecticut General Statutes, as amended. The Commission shall provide the Commissioner of 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 thirty-five days before the public hearing on their adoption. A copy of any proposed amendment to these regulations and/or the map shall be filed in the office of the Town Clerk for public inspection at least ten (10) days before the public hearing.
Petitions requesting changes or amendments to the "Inland Wetland and Watercourse Map, Town of Vernon, 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.
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
f.
Map(s) showing existing and/or proposed development of the land in relation to existing and proposed wetland and watercourse boundaries;
g.
A Class A-2 boundary survey and topography at two (2) foot contour intervals;
h.
The reasons for the requested action.
Any person who submits a petition to amend the Inland Wetland and Watercourse Map, Town of Vernon, Connecticut, shall bear the burden of proof for all requested map amendments. Such proof may include, but is not limited to, professional interpretation of aerial photography and remote sensing imagery, resource mapping, soils mapping, or other information acceptable to the Commission. If such person is the owner, developer or contract purchaser of the land which is the subject of the petition, or if such person is representing the interests of such an owner, developer or purchaser, in addition to the information required in subsection 15.4, the petition shall include:
Watercourses shall be delineated by a soil scientist, geologist, ecologist or other qualified individual who, in the determination of the Commission, possesses the education and experience to qualify as an expert capable of such delineation.
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 fifteen days, nor less than ten 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 and shall be filed in the office of the Town Clerk for that purpose at least ten (10) days before the public hearing.
The Commission shall hold a public hearing on a petition to amend the regulations and the Inland Wetlands and Watercourses Map within sixty-five days after receipt of such petition. The hearing shall be completed within thirty-five days after commencement. The Commission shall act upon the changes requested in such petition within sixty-five 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 sixty-five days, or may withdraw such petition. Failure of the Commission to act within any time period specified in this subsection or any extension thereof, shall not be deemed to constitute approval of the petition.
The Commission shall make its decision and state, in writing, the reasons why the change in the Inland Wetlands and Watercourses Map was made.