A.
Applications to the Enforcement Officer. In accordance with Section
22a-42a(c)(2) of the Connecticut General Statutes, the Commission
hereby delegates to its duly authorized agent (Wetlands Enforcement
Officer) the authority to approve or extend a regulated activity that
is located in a regulated area but not located in a wetland or watercourse
when such agent finds that the conduct of such activity would result
in no greater than a minimal impact on any wetland or watercourse,
provided such agent has completed the comprehensive training program
developed by the Commissioner pursuant to Section 22a-39 of the Connecticut
General Statutes. Notwithstanding the provisions for receipt and processing
applications as prescribed under this article, such agent may approve
or extend such an activity at any time. All approvals granted by said
agent shall, within 10 days of the date of such approval, be published
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 Commission within 15 days after
the publication date of the notice and the Commission shall consider
such appeal at its next regularly scheduled meeting, provided such
meeting is no earlier than three business days after receipt by the
Commission or its agent of such appeal. The Commission shall, at its
discretion, sustain, alter or reject the decision of its agent or
require an application for a permit in accordance with Section 22a-42a(c)(1)
of the Connecticut General Statutes.
B.
Applications to the Commission. Any person who: (1) has been denied a permit to conduct a regulated activity by the Enforcement Officer in accordance with § 221-16A, (2) is claiming an exemption under uses permitted by right, of this chapter, (3) is requesting a declaratory ruling, or (4) is proposing to conduct a regulated activity within a wetland or watercourse must submit an application to the Commission. A properly completed application, along with the appropriate fees, shall be submitted to the appropriate Town Hall representative. Applications may be submitted during normal Town of Griswold working hours. In order for an application to be considered at the next regularly scheduled meeting of the Commission, the application should be received at least 14 days prior to that meeting. Later submission could result in tabling of the application to the following month.
C.
No application shall be deemed complete unless it shall be in such
form and contain such information as the Commission considers necessary
for a full determination of the issues.
D.
All applicable sections of the permit application shall be filled
out. Noncompliance could be cause for denial of the permit. When engineer-prepared
drawings are required, the applicant should submit seven copies of
each sheet.
E.
A reporting form shall be completed during the application process
which provides the Commissioner of the Department of Environmental
Protection with information necessary to properly monitor the inventory
of state wetlands. The reporting form shall be part of the application,
and specified sections shall be completed by the applicant. The Commission
shall be responsible for the remaining information and any corrections
on the form prior to filing it with the state.
A.
Section 22a-42a(c)(1) of the Connecticut General Statutes outlines the procedure for processing all applications as classified under § 221-21 of this chapter. The following is a synopsis of those sections:
(2)
Deadline for holding a public hearing. If the Commission finds that a public hearing is required in accordance with § 221-19 of this chapter, it must commence within 65 days after day of receipt.
(3)
Deadline for completion of public hearings: within 35 days after
the commencement date.
(4)
Deadline for decision: within 35 days after completion of a public
hearing; or within 65 days after day of receipt if a public hearing
was not held.
(5)
Deadlines for notices of decision: within 15 days of the decision.
B.
Except for Subsection A(5) above, the applicant may consent to one or more extensions of the periods specified in this subsection for the commencement or closing of the hearing and for action on such application, provided the total period of all such extensions shall not exceed a cumulative total of 65 days.
C.
If the inland wetlands agency, or its agent, fails to act on any
application within 35 days after the completion of a public hearing
or, in the absence of a public hearing, within 65 days from the date
of receipt of the application, or within any extension of any such
period as provided in Section 8-7d of the Connecticut General Statutes,
the applicant may file such application with the Commissioner of Environmental
Protection, who shall review and act on such application in accordance
with this section. Any costs incurred by the Commissioner in reviewing
such application for such inland wetlands agency shall be paid by
the municipality that established or authorized the agency. Any fees
that would have been paid to such municipality if such application
had not been filed with the Commissioner shall be paid to the state.
The failure of the inland wetlands agency or the Commissioner to act
within any time period specified in this subsection, or any extension
thereof, shall not be deemed to constitute approval of the application.
[Amended 11-21-1996]
Applications are available at the Town Hall and shall include
the following information:
A.
The type of activity proposed;
B.
The Tax Assessor's description of the property (map, block,
lot, volume and page);
C.
Fee computation;
D.
Other permit applications for which the applicant is applying at
the Town of Griswold for this property;
E.
The applicant's name(s);
F.
The applicant's mailing address;
G.
The applicant's telephone number;
H.
The property owner's name(s), mailing address(es) and telephone
number(s) if different from the applicant's;
I.
The name(s) and telephone number(s) of the engineer/surveyor/contractor
who prepared the plan or who is performing the work;
J.
The address of the property (number and street name) according to
the Griswold Tax Assessor's records, and the zone in which the
property is located.
K.
The geographical location of the property, including description
of the land in sufficient detail to allow identification on the Inland
Wetlands and Watercourses Map (Do not state "See attached plans.");
L.
The purpose and description of the proposed activity (Do not state
"See attached plans.");
M.
State the start of work date and estimated completion date (refer to § 221-33, Time limit for completion);
N.
Any additional information that would enable the Commission to arrive
at a fair decision;
O.
The site plan/sketch shall include the following:
(1)
The names of adjacent property owners.
(2)
If proposed activity is within 75 feet of a property line, the distances
to adjacent landowner's well(s) and septic system(s).
(3)
The location of existing structures, wells, septic systems, proposed
activity, and delineation of the affected wetland or watercourse.
(4)
The names of frontage and side streets.
P.
An alternative plan considered by the applicant and why the proposal
to alter wetlands set forth in the application was chosen; and
Q.
The certification that the information submitted in the application
form and related documents is true and correct to the best of the
applicant's knowledge and authorization for the Commission and
its agent to inspect the property (at reasonable times) both before
a final decision has been issued, and before the start of work, during
work, and after work has been completed.
A.
The Commission shall not hold a public hearing on an application
unless: (1) the Commission determines that the proposed activity may
have a significant impact on wetlands or watercourses; (2) 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 Commission not later
than fourteen (14) days after the date of receipt of such application;
(3) the Commission finds that a public hearing regarding such application
would be in the public interest. The Commission may issue a permit
without a public hearing, provided no petition provided for in this
subsection is filed with the Commission on or before the 14th day
after the date of receipt of the application.
B.
At any public hearing, or at any meeting at which an application
is being heard under this chapter for which a public hearing is not
held, the presentation of evidence and deliberations leading to a
decision shall be transcribed by a competent stenographer or be recorded
by a sound-recording device.
C.
All notices of public hearings shall be published in a newspaper having a general circulation in such 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. In determining the intervals of publication, the terminal days, i.e., the date of publication and the date of the hearing, shall be excluded. Said hearing shall be conducted within the time parameters as established in § 221-17 of this chapter.
D.
Maps, plans and related documents pertaining to the activity requiring
the public hearing shall be available for public inspection in the
Office of the Town Clerk or other designated location. At a public
hearing, any person or persons may appear and be heard on matters
relating to the subject of the hearing.
A.
When an application is submitted to conduct a regulated activity
upon an inland wetland or watercourse, any portion of which is within
five hundred (500) feet of the boundary of another municipality, the
applicant is required, in accordance with Section 22a-42c of the Connecticut
General Statutes, to give written notice of the application by certified
mail, return receipt requested, to the inland wetlands agency of the
other municipality on the same day as he/she submits the application.
[Repealed 10-1-2003]
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,
provided such water company 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 within seven days of the date
of the application. The water company, through a representative, may
appear and be heard at any hearing on the application.
The Commission shall, following receipt of the application at
its regularly scheduled meeting, classify the application as one of
the following:
A.
Declaratory ruling (exemptions). If the Commission finds, on the basis of the evidence before it, that a proposed activity or use does not involve any regulated activity as defined in § 221-5 or involves only a permitted use as defined in Article III, permission to proceed shall be granted within 10 days. This permission shall be subject to limitation or revocation if it is later shown that a regulated activity or nonpermitted use is a consequence of that proposed activity. The Commission shall state in writing its reasons for finding that a proposed permitted use or other activity does not involve a regulated activity.
B.
Summary ruling (permits). If the Commission finds that a proposed activity is a regulated activity not involving significant impact or major effect on the inland wetland or watercourse as defined in § 221-5 of this chapter, it may allow the activity with or without conditions after initial review. In order to grant a permit at this stage, the Commission, after a full review of the considerations set forth in § 221-25 of this chapter and other pertinent factors, shall issue an opinion presenting its reasons for granting the permit with or without conditions.
C.
Plenary rulings. If the Commission finds that the activity applied
for does or may involve a significant or major effect on the inland
wetland or watercourse, the Commission shall request information which
may include but is not limited to the following:
(1)
Site plan;
(2)
Soil sample data;
(3)
Biological evaluation;
(4)
Analysis of material to be deposited;
(5)
A description of the proposed activity, including blueprints and
engineering and architectural plans or designs, where available or
reasonably available;
(6)
A list of other property owners whose rights or interests may be
or will be affected by the proposed activity; and
(7)
Stream characteristics.
Any fee or fees collected shall be turned over to the Town Treasurer
for inclusion in the general fund.
[Amended 11-21-1996]
Pursuant to Section 22a-42a(e) of the Connecticut General Statutes,
the Commission is allowed under state statute to establish a fee sufficient
to cover the reasonable cost of reviewing and acting on an application,
petition, or a permit renewal, including, but not limited to, the
costs of certified mailings, publication of notices and decisions,
and monitoring compliance with permit conditions or Commission orders.
B.
Plus all of the following that are applicable:
(2)
Delineation of wetlands/approval for P & Z only (no request for
a permit but requiring official acceptance): $75.
(3)
Petition by any person for amendment to this chapter or amendment
to the Official Inland Wetlands and Watercourses Map: $175.
(4)
Subdivisions, for each lot within the subdivision that contains wetlands
or watercourses and/or work in a regulated area: $50.
(5)
Commercial activity, any activity of a commercial nature within a
regulated area: $50.
C.
The Commission may pass any additional costs to the applicant if
the application is withdrawn after such costs have been incurred.
All information submitted in the application for review shall
be considered factual or, in the case of anticipated activity, binding.
A knowing failure of the applicant or any of his or her agents to
provide correct information or performance exceeding the levels of
activities anticipated shall be sufficient grounds for the revocation
of any permit issued under this chapter and/or for penalties to be
imposed. Each day of violation or deception shall be considered as
a separate offense in accordance with Public Act 155 of the Connecticut
General Assembly (see C.G.S. § 22a-36 et seq.), as amended.
