Any person wishing to undertake a regulated
activity or to renew a permit to conduct such activity shall apply
for a permit on a form titled "Town of Killingworth Inland Wetlands
and Watercourses Commission - Application for Permit." The
application shall contain the information described in this article
and any other information the Commission may reasonably require. Application
forms may be obtained in the office of the Killingworth Town Clerk
or the Inland Wetlands Commission.
If an application to the Town of Killingworth
Planning and Zoning Commission for subdivision or resubdivision of
land involves land containing a wetland or watercourse, the applicant
shall, in accordance with § 8-3(g), 8-3c, or 8-26, as applicable,
of the Connecticut General Statutes, submit an application for permit
to this Commission in accordance with this article no later than the
day the application is filed with the Planning and Zoning Commission
and no earlier than 30 days prior to such filing with the Planning
and Zoning Commission.
The application shall contain such information
that is necessary for a fair and informed determination of the issues.
A prospective applicant may request the Commission
to determine whether or not the proposed application involves a significant
impact activity.
All applications shall include the following
information in writing or on maps or drawings to scale:
A.
The applicant's name, home and business address 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;
B.
The owner's name, address and telephone number and
written consent of the landowner if the applicant is not the owner
of the land upon which the subject activity is proposed;
C.
The applicant's interest in the land;
D.
The geographical location of the land which is the
subject of the proposed activity, including the street address and
tax map and parcel numbers, 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;
E.
The purpose and a description of the proposed activity
and proposed erosion and sedimentation controls and other management
practices and mitigating measures which may be considered as a condition
of issuing a permit for the proposed regulated activity, including
but not limited to measures to prevent or minimize pollution or other
environmental damage, maintain or enhance existing environmental quality
or, in the following order of priority, restore, enhance and create
productive wetland or watercourse resources;
F.
Alternative(s) which would cause less or no environmental
impact to wetlands or watercourses and why the alternative set forth
in the application was chosen. All such alternatives shall be diagrammed
on a site plan or drawing. If wetland and/or watercourse locations
have been determined by a soil scientist, ecologist and/or hydrologist,
the plan shall include the soil scientist's, ecologist's and/or hydrologist's
certification that all wetlands and watercourses, as defined in these
regulations, were identified and flagged;
G.
A site plan showing existing and proposed conditions
in relation to wetlands and watercourses and identifying any further
activities associates 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;
H.
Names and mailing addresses of the owners of each
and every property which has a boundary within 50 feet of any boundary
of the property referred to in this application. The applicant shall
mail notice of the application, postage prepaid, to all property owners
listed in this subsection and shall submit a copy of a certificate
of mailing (United States Postal Service Form No. PS3817) for each
owner. The notice must contain at least:
(1)
The name of the applicant;
(2)
The name of the owner;
(3)
The location of the property;
(4)
A detailed description of the proposed activity; and
(5)
A statement that members of the public may present
questions, comments or information at the next meeting of the Commission
or may send written comments to the Commission;
I.
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;
J.
Authorization for the members and agents of the Commission
to inspect the subject land, at reasonable times, during the pendency
of an application and for the life of the permit;
K.
A completed Department of Environmental Protection
reporting form; the Commission shall revise or correct the information
provided by the applicant and submit the form to the Commissioner
of Environmental Protection in accordance with § 22a-39-14
of the Regulations of Connecticut State Agencies;
L.
Any other information the Commission deems necessary
to the understanding of what the applicant is proposing; and
M.
Submission of the appropriate filing fee based on
the fee schedule established in the bylaws of the Killingworth Inland
Wetlands and Watercourses Commission.
If the proposed activity involves a significant
impact activity as determined by the Commission, additional information
based on the nature and anticipated effects of the activity, including
but not limited to the following, is required:
A.
Site plans for the proposed use or operation and the
property which will be affected which show existing and proposed conditions,
wetland and watercourse boundaries, land contours, boundaries of landownership,
proposed alterations and uses of wetlands and watercourses, and other
pertinent features of the development, prepared by a professional
engineer, land surveyor, architect or landscape architect licensed
by the state, or by such other qualified person.
B.
Engineering reports and analyses and additional drawings
to fully describe the proposed project and any filling, excavation,
drainage or hydraulic modifications to watercourses and the proposed
erosion and sedimentation control plan.
C.
Mapping of soil types consistent with the categories
established by the National Cooperative Soil Survey of the Natural
Resources Conservation Service of the United States Department of
Agriculture (USDA). 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.
D.
Description of the ecological communities and functions
of the wetlands or watercourses involved with the application and
the effects of the proposed regulated activities on these communities
and wetland functions.
E.
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.
F.
Analysis of chemical or physical characteristics of
any fill material.
G.
Management practices and other measures designed to
mitigate the impact of the proposed activity.
The applicant shall certify whether:
A.
Any portion of the property on which the regulated
activity is proposed is located within 500 feet of the boundary of
an adjoining municipality;
B.
Traffic attributable to the completed project on the
site will use streets within the adjoining municipality to enter or
exit the site;
C.
Sewer or water drainage from the project site will
flow through and impact the sewage or drainage 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.
Three copies of all application materials shall
be submitted to comprise a complete application unless an applicant
is otherwise directed, in writing, by the Commission.
Any application to renew or amend an existing permit shall be filed with the Commission in accordance with Article VIII of these regulations at least 65 days prior to the expiration date of the permit. Any application to renew or amend such existing permit shall contain the information required under Article VII of these regulations, provided that:
A.
The application may incorporate the documentation
and record of the prior application.
B.
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.
C.
The application shall state the reason why the authorized
activity was not initiated or completed within the time specified
in the permit.
D.
The application shall describe any changes in facts
or circumstances involved with or affecting wetlands or watercourses
of the land for which the permit was issued.
E.
The Commission may, prior to the expiration of a permit,
accept an untimely application to renew a 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.
[Amended 3-13-2012]
Any application to renew a permit shall be granted
upon request of the permit holder unless the Commission finds that
there has been a substantial change in circumstances which requires
a new permit application or finds that an enforcement action has been
undertaken with regard to the regulated activity for which the permit
was issued, 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, and no other permit shall be valid for more than 10
years.
[Added 3-13-2012]
For any permit application involving property subject to a conservation
restriction or preservation restriction, the following shall apply:
A.
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 predominantly in their natural, scenic or open condition
or in agricultural, farming, forest or open space use.
B.
For
purposes of this section, "preservation restriction" means a limitation,
whether or not stated 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.
C.
No person
shall file a permit application, other than for interior work in an
existing building or for exterior work on an existing building that
does not expand or alter the footprint of such existing building,
relating to property that is subject to a conservation restriction
or a preservation restriction unless the applicant provides proof
that the applicant has provided written notice of such application,
by certified mail, return receipt requested, to the party holding
such restriction, including, but not limited to, any state agency
that holds such restriction, not later than 60 days prior to the filing
of the permit application.
