[Amended 12-10-2013]
These regulations and the Inland Wetlands and Watercourses Map for the Town of Killingworth may be amended, from time to time, by the Commission in accordance with changes in the Connecticut General Statutes or regulations of the Department of Energy and 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 wetlands 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 to the establishment, amendment or change of boundaries of inland wetlands or watercourses or 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 Killingworth Inland Wetlands and Watercourses Map shall be amended in the manner specified in § 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 pursuant to § 470-66 of this article, at least 35 days before the public hearing on their adoption.
Petitions requesting changes or amendments to the Inland Wetlands and Watercourses Map, Killingworth, Connecticut, shall contain at least the following information:
A. 
The petitioner's name, address and telephone number;
B. 
If the owner of the land is not the petitioner, the owner's name, address and telephone number, as shown on the land records of the Town of Killingworth;
C. 
Petitioner's interest in the land;
D. 
Map(s) showing the geographic location of the land involved in the petition, including the street address and the tax map and parcel numbers and the existing and proposed wetland(s) and watercourse(s) boundaries on such land in accurate detail together with the documentation supporting such proposed boundary locations; and
E. 
The reasons for the requested action.
Any person who submits a petition to amend the Inland Wetlands and Watercourses Map, Killingworth, 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.
A. 
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 owner, developer or purchaser, in addition to the information required in § 470-69 of these regulations, the petition shall include:
(1) 
The name, mailing address and telephone number of the owner(s) of such land and the 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 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.
B. 
The Commission may require the petitioner to present documentation by a soil scientist that the land in question does not have a soil type classified by the National Cooperative Soils Survey as poorly drained, very poorly drained, alluvial, or floodplain. Such documentation includes a map of the land in question signed by a soil scientist on which the flag locations defining the boundaries of the regulated soil types are depicted.
Watercourses shall be delineated by a soil scientist, geologist, ecologist or other qualified individual.
A public hearing shall be held on petitions to amend the Inland Wetlands and Watercourses Regulations and the Inland Wetlands and Watercourses Map. Notice of the hearing shall be published in a newspaper having a general circulation in the Town at least twice at intervals of not less than two days, the first not more than 15 days nor less than 10 days and the last not less than two days before such hearing. All materials including maps and documents relating to the petition shall be open for public inspection.
The Commission shall hold a public hearing on a petition to amend the regulations and the Inland Wetlands and Watercourses Map within 65 days after the receipt of such petition. The hearing shall be completed within 35 days after commencement. The Commission 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 section, provided that the total extension of all such periods shall not be for longer than 65 days, or may withdraw such petition. 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 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.