[Amended 12-10-2013]
The Commission, or its duly authorized agent acting pursuant to Article XII of these regulations, may, in accordance with Article X of these regulations, grant the application as filed, or grant it upon other terms, conditions, limitations or modifications of the regulated activity designed to carry out the purposes and policies of the Act, or deny the application. Such terms may include any reasonable measures which would mitigate the impacts of the regulated activity and which would 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. Such terms may include restrictions as to the time of year in which a regulated activity may be conducted, provided the Commission, or its agent, determines that such restrictions are necessary to carry out the polity of Sections 22a-36 to 22a-45, inclusive, of the Connecticut General Statutes.
No later than 65 days after receipt of an application,
the Commission 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 section,
provided that the total extension of all such periods shall not be
for longer than 65 days, or may withdraw the application. The failure
of the Commission to act within any time period specified in this
section, or any extension thereof, shall not be deemed to constitute
approval of the application. An application deemed incomplete by the
Commission must either be withdrawn by the applicant or denied by
the Commission.
The Commission shall state upon its record the
reasons and bases for its decision.
The Commission shall notify the applicant and
any named parties to the proceeding of its decision within 15 days
of the date of the decision by certified mail, return receipt requested,
and the Commission 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.
If an activity authorized by the inland wetland
permit also involves an activity or project which requires zoning
or subdivision approval, a special zoning permit, variance or special
exception, a copy of the decision and report on the application shall
be filed with the Town of Killingworth Planning and Zoning Commission
within 15 days of the date of the decision.
[Amended 3-13-2012; 12-10-2013]
Any permit issued by the Commission 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 Commission
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.
[Added 12-10-2013]
Notwithstanding the provisions of § 470-54 of these regulations, any permit issued by the Commission prior to July 1, 2011 that was in effect and did not expire prior to May 9, 2011 shall be valid for a period not less than nine years after the date of such approval.
No permit shall be assigned or transferred without
the written permission of the Commission.
If a bond or insurance is required in accordance with Article XIII of these regulations, no permit shall be issued until such bond or insurance is provided.
A.
If the Commission 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.
B.
All permits issued by the Commission are subject to
and do not derogate any present or future rights or powers of the
Commission or the Town of Killingworth 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.
C.
If the activity authorized by the inland wetland permit
also involves an activity or a project which requires zoning or subdivision
approval, special permit, variance or special exception, no work pursuant
to the wetland permit may begin until such approval is obtained.
D.
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.
E.
Permits are not transferable without the prior written
consent of the Commission.
