[HISTORY: Adopted by the Inland Wetlands Commission of the Town of
Old Saybrook 7-1-1974; amended 10-1-1975, 5-18-1982, 4-18-1990, 6-15-1991, 7-15-1993, 1-25-1998.
Subsequent amendments noted where applicable.]
A.Â
The inland wetlands and watercourses of the state of
Connecticut are an indispensable and irreplaceable but fragile natural resource
with which the citizens of the state have been endowed. The wetlands and watercourses
are an interrelated web of nature essential to an adequate supply of surface
and underground water; to hydrological stability and control of flooding and
erosion; to the recharging and purification of groundwater; and to the existence
of many forms of animal, aquatic and plant life. Many inland wetland and watercourses
have been destroyed or are in danger of destruction because of unregulated
use by reason of the deposition, filling or removal of material, the diversion
or obstruction of water flow, the erection of structures and other uses, all
of which have despoiled, polluted and eliminated wetlands and watercourses.
Such unregulated activity has had, and will continue to have, a significant,
adverse impact on the environment and ecology of the state of Connecticut
and has and will continue to imperil the quality of the environment thus adversely
affecting the ecological, scenic, historic and recreational values and benefits
of the state for its citizens now and forever more. The preservation and protection
of the wetlands and watercourses from random, unnecessary, undesirable and
unregulated uses, disturbance or destruction is in the public interest and
is essential to the health, welfare and safety of the citizens of the state.
It is, therefore, the purpose of these regulations to protect the citizens
of the state by making provisions for the protection, preservation, maintenance
and use of the inland wetlands and watercourses by minimizing their disturbance
and pollution; maintaining and improving water quality in accordance with
the highest standards set by federal, state or local authority; preventing
damage from erosion, turbidity or siltation; preventing loss of fish and other
beneficial aquatic organisms, wildlife and vegetation and the destruction
of the natural habitats thereof; deterring and inhibiting the danger of flood
and pollution; protecting the quality of wetlands and watercourses for their
conservation, economic, aesthetic, recreational and other public and private
uses and values; and protecting the state's potable fresh water supplies
from the dangers of drought, overdraft, pollution, misuse and mismanagement
by providing an orderly process to balance the need for the economic growth
of the state and the use of its land with the need to protect its environment
and ecology in order to forever guarantee to the people of the state, the
safety of such natural resources for their benefit and enjoyment and for the
benefit and enjoyment of generations yet unborn.
B.Â
These regulations shall be known as the "Inland Wetlands
and Watercourses Regulations of the Town of Old Saybrook".
C.Â
The Inland Wetlands and Watercourses Commission of the
Town of Old Saybrook was established in accordance with an ordinance adopted
September 21, 1973 and shall implement the purposes and provisions of the
Inland Wetland and Watercourses Act in the Town of Old Saybrook.
D.Â
These regulations have been adopted and may be amended,
from time to time, in accordance with the provisions of the Inland Wetlands
and Watercourses Act and these regulations.
E.Â
The Commission shall enforce all provisions of the Inland
Wetlands and Watercourses Act and shall issue permits, issue permits with
modifications, and deny permits for all regulated activities in the Town of
Old Saybrook pursuant to Sections 22a-36 to 22a-45, inclusive, of the Connecticut
General Statutes, as amended.
As used in these regulations:
The Inland Wetland and Watercourses Act, Sections 22a-36 through
22a-45 of the General Statutes, as amended.
Areas distinguished by evergreen trees and shrubs underlain by peat
deposits, poor drainage, and highly acidic conditions.
The harvest of timber in a fashion which removes all trees down to
a 2" diameter at breast height.
The Inland Wetlands and Watercourses Commission of the Town of Old
Saybrook.
A member of the Inland Wetlands and Watercourses Commission of the
Town of Old Saybrook.
The Commissioner of the State of Connecticut Department of Environmental
Protection.
A flow of water which persists for an extended period of time; this
flow may be interrupted during periods of drought or during the low flow period
of the annual hydrological cycle, June through September, but it recurs in
prolonged succession.
Includes, but shall not be limited to, fill, grade, dump, place,
discharge or emit.
An individual designated by the Commission to carry out its functions
and purposes.
Emission of any water, substance, or material into wetlands or watercourses
whether or not such substance causes pollution.
The activity will significantly alter the inland wetland and watercourses
by reason of removal or deposition of material, clearing the land, alteration
or obstruction of water flow, or will result in the pollution of the wetlands
or watercourses.
The proposed activity is necessary and indispensable to sustain farming
activities on an existing farm.
Use of land for the growing of crops, raising of livestock or other
agricultural use.
Able to be constructed or implemented consistent with sound engineering
principles.
The whole of any part of any permit, certificate of approval or similar
form of permission which may be required of any person by the provisions of
these regulations under the authority of the Inland Wetlands Commission.
A practice, procedure, activity, structure or facility designed to
prevent or minimize pollution or other environmental damage or to maintain
or enhance existing environmental quality. Such management practices include,
but are not limited to erosion and sedimentation controls; restrictions on
land use or development; construction setback to from wetlands or watercourses;
proper disposal waste materials: procedures for equipment maintenance to prevent
fuel spillage; construction methods to prevent flooding or disturbance of
wetlands and watercourses: procedures for maintaining continuous stream flow;
confining construction that must take place in watercourses to times when
water flows are low and fish and wildlife will not be adversely affected.
Areas with soils that exhibit aquic moisture regimes that are distinguished
by the absence of trees and shrubs and are dominated by soft-stemmed herbaceous
plants. The water table in marshes is at or above the ground surface throughout
the year, but seasonal fluctuations are encountered and areas of open water
six inches or more in depth are common.
Any substance, solid or liquid, organic or inorganic, including but
not limited to: soil, sediment, aggregate, land, gravel, clay, bog, peat,
mud, debris, sand, refuse or waste.
The Town of Old Saybrook, Middlesex County.
Land used for propagating trees, shrubs or other plants for transplanting,
sale, or for use as stock for grafting.
The whole or any part of any license, certificate or approval or
similar form of permission which may be required of any person by the provisions
of these regulations and the Act or other municipal, state and federal law.
The person to whom a permit has been issued.
Any person, firm, partnership, association, corporation, company,
organization or legal entity of any kind, including municipal corporations,
governmental agencies or subdivisions thereof.
Harmful thermal effect or the contamination or rendering unclean
or impure of any waters of the state by reason of any waste or other materials
discharged or deposited therein by any public or private sewer or otherwise
so as directly or indirectly to come in contact with any waters. This includes,
but is not limited to, erosion and sedimentation resulting from any filling,
land clearing or excavation activity.
Economically and otherwise reasonable in light of the social benefits
to be derived from the proposed regulated activity provided cost may be considered
in deciding what is prudent and further provided a mere showing of expense
will not necessarily mean an alternative is prudent.
Any operation within or use of a wetland or watercourse involving removal or deposition of material, or any obstruction, construction, alteration or pollution, of such wetlands or watercourses, but shall not include the activities specified in § 301-4 of these regulations. Furthermore, any clearing, grubbing, filling, grading, paving, excavating, constructing, depositing or removal of material and discharging of storm water on the land within 100 feet measured horizontally from the boundary of any wetland or watercourse is a regulated activity.
Any inland wetland or watercourse as defined in these regulations.
Includes, but shall not be limited to, drain, excavate, mine, dig,
dredge, suck, grub, clear cut timber, bulldoze, dragline or blast.
Any alteration of the physical, chemical or biological properties
of any waters of the state, including, but not limited to, change in odor,
color, turbidity or taste.
Any activity, including, but not limited to, the following activities
which may have a major effect or significant impact on the area for which
an application has been filed or on another part of the inland wetland or
watercourse system;
Any activity involving a deposition or removal of material which will
or may have a major effect or significant impact on the regulated area or
on another part of the inland wetland or watercourse system.
Any activity which substantially changes the natural channel or may
inhibit the natural dynamics of a watercourse system.
Any activity which substantially diminishes the natural capacity of
an inland wetland or watercourse to support desirable fisheries, wildlife,
or other biological life, prevent flooding, supply water, assimilate waste,
facilitate drainage, provide recreation or open space or perform other functions.
Any activity which is likely to cause or has the potential to cause
substantial turbidity, siltation or sedimentation in a wetland or watercourse.
Any activity which causes a substantial diminution of flow of a natural
watercourse, or groundwater levels of the regulated area.
Any activity which causes or has the potential to cause pollution of
a wetland or watercourse.
Any activity which damages or destroys unique wetland or watercourse
areas or such areas having demonstrable scientific or educational value.
An individual duly qualified in accordance with standards set by
the federal Office of Personnel Management.
Areas with soils that exhibit aquic moisture regimes and are dominated
by wetland trees and shrubs.
Those lands which are inundated by water on a seasonal or more frequent
basis.
The Town of Old Saybrook, Middlesex County in the State of Connecticut.
Sewage or any substance, liquid, gaseous, solid or radioactive, which
may pollute or tend to pollute any of the waters of the Town.
Rivers streams, brooks, waterways, lakes, ponds, marshes, swamps,
bogs, and all other bodies of water, natural or artificial, vernal or intermittent,
public or private, which are contained within, flow through or border upon
the Town or any portion thereof not regulated pursuant to Section 22a-28 through
22a-35, inclusive, of the Connecticut General Statutes Intermittent watercourses
shall be delineated by a defined permanent channel and bank and the occurrence
of two or more of the following characteristics: (a) evidence of scour or
deposits of recent alluvium or detritus, (b) the presence of standing or flowing
water for a duration longer than a particular storm incident, and (c) the
presence of hydrophytic vegetation.
Land, including submerged land not regulated pursuant to Section
22a-28 through 22a-35, inclusive, which consists of any of the soil types
designated as poorly drained, very poorly drained, alluvial and flood plain
by the National Cooperative Soils Survey, as it may be amended from time to
time, of the Natural resources Conservation Service of the U.S. Department
of Agriculture. Such areas may include filled, graded, or excavated sites
which possess an aquic (saturated) soil moisture regime as defined by the
USDA Cooperative Soil Survey.
A.Â
The map of regulated areas, entitled "Inland Wetlands
and Watercourses Map, Old Saybrook, Connecticut," delineates the general location
and boundaries of inland wetlands and the general location of watercourses.
Copies of this map are available for inspection in the office of the Town
Clerk or the Inland Wetlands Commission. In all cases, the precise location
of regulated areas shall be determined by the actual character of the land,
the distribution of wetland soil types, and locations of watercourses. The
Commission may use aerial photography, remote sensing imagery, resource mapping,
soils maps, site inspection observations or other information in determining
the location of the boundaries of wetlands and watercourses.
B.Â
Any property owner who disputes the designation of any part of his or her land as a regulated area on the inland Wetlands and Watercourses Map, may petition the Commission to change the designation in accordance with § 301-15 of these regulations. All petitions for a map change shall be submitted in writing and shall include all relevant facts and circumstances which support the change. The petitioner shall provide proof that the designation is inapplicable. Documentation in accordance with § 301-15 of these regulations may be required of the property owner when the Commission requires an accurate delineation of regulated areas.
C.Â
The Inland Wetlands Commission or its designated agent(s) shall maintain a current inventory of all regulated areas within the Town. The Commission may amend its map from time to time as information becomes available relative to more accurate delineation of wetlands and watercourses within the Town. Any person may petition for an amendment to the map. Petitioners shall bear the burden of proof for all requested map amendments. Such proof may include, but not be limited to, aerial photography, remote sensing imagery, resource mapping or other available information. Such map amendments are subject to the public hearing process outlined in § 301-15 of these regulations.
A.Â
The following operations and uses shall be permitted
in inland wetlands and watercourses, as of right:
(1)Â
Grazing, farming, nurseries, gardening and harvesting
of crops and farm ponds of three acres or less essential to the farming operation.
The provisions of this section shall not be construed to include road construction
or the erection of buildings not directly related to the farming operation,
relocation of watercourses with continual flow, filling or reclamation of
wetlands or watercourses with continual flow, clear cutting of timber except
for the expansion of agricultural crop land, or the mining of top soil, peat,
sand, gravel or similar material from wetlands or watercourses for the purposes
of sale;
(2)Â
A residential home. (a) for which a building permit has
been issued or (b) on a subdivision lot, provided the permit has been issued
or the subdivision has been approved by a municipal planning, zoning or planning
and zoning commission as of the effective date of promulgation of the municipal
regulations pursuant to Subsection (b) of Section 22a-42a, or as of July 1,
1974, which ever is earlier, and further provided no residential home shall
be permitted as of right pursuant to this subsection unless the building permit
was obtained on or before July 1, 1987. The individual claiming a use of wetlands
permitted as a right under this subsection shall document the validity of
said right by providing a certified copy of the building permit and a site
plan showing proposed and existing topographic contours, house and well locations,
septic system, driveway, approval dates or other necessary information to
document his or her right hereunder.
(3)Â
Boat anchorage or mooring, not to include dredging or
dock construction;
(4)Â
Uses incidental to the enjoyment or maintenance of residential
property, such property defined as equal to or smaller than the largest minimum
residential lot site permitted anywhere in the municipality and containing
a residence. Such incidental uses shall include maintenance of existing structures
and landscaping, but shall not include removal or deposition of substantial
amounts of material from or into a wetland or watercourse, or diversion or
alteration of a watercourse.
(5)Â
Construction and operation, by water companies as defined
by Section 16-1 of the General Statutes or by municipal water supply systems
as provided for in Chapter 102, of the Connecticut General Statutes, of dams,
reservoirs and other facilities necessary to the impounding, storage and withdrawal
of water in connection with public water supplies except as provided in Sections
22a-401 and 22a-4l0 of the Connecticut General Statutes.
(6)Â
Maintenance relating to any drainage pipe which existed
before the effective date of any municipal regulations adopted pursuant to
Section 22a-42a of the Connecticut General Statutes or July 1, 1974, which
ever is earlier, provided such pipe is on property which is zoned as residential
but which does not contain hydrophytic vegetation. For purposes of this subdivision,
"maintenance" means the removal of accumulated leaves, soil, and other debris
whether by hand or machine, while the pipe remains in place.
B.Â
The following operations and uses shall be permitted
as nonregulated uses in wetlands and watercourses, provided they do not disturb
the natural and indigenous character of the wetland or watercourse by removal
or deposition of material, alteration or obstruction of water flow or pollution
of the wetland or watercourse:
(1)Â
Conservation of soil, vegetation, water, fish, shellfish
and wildlife. Such operation or use may include, but is not limited to, minor
work to control erosion, or to encourage proper fish, wildlife and silviculture
management practices.
(2)Â
Outdoor recreation including the use of play and sporting
areas, golf courses, field trials, nature study, hiking, horseback riding,
swimming, skin and scuba diving, camping, boating, water skiing, trapping,
hunting, fishing and shell-fishing and cross-country skiing where otherwise
legally permitted and regulated.
C.Â
All activities in wetlands or watercourses involving filling, excavation, dredging, clear cutting, grading, and or any other operation or use of a wetland or watercourse not specifically permitted by ibis section and otherwise defined as a regulated activity by these regulations shall require a permit from the Commission in accordance with § 301-6 of these regulations.
D.Â
To carry out the purposes of this section, any person
proposing to carry out a permitted or nonregulated operation or use of a wetland
or watercourse, that may disturb the natural and indigenous character of the
wetland and watercourse shall, prior to commencement of such operation or
use, notify the Commission on a form provided by it, and provide the Commission
with sufficient information to enable it to properly determine that the proposed
operation and use is a permitted or nonregulated use of the wetland or watercourse.
The Commission or its designated agent shall rule that the proposed operation
or use is a permitted or a nonregulated use or operation or that a permit
is required. Such ruling shall be in writing and shall be made no later than
the next regularly scheduled meeting of the Commission following the meeting
at which the request was received. The designated agent for the Commission
may make such ruling on behalf of the Commission at any time.
A.Â
In addition to any permit or approval required by the
Commission, the Commissioner of Environmental Protection shall regulate activities
in or affecting wetlands or watercourses subject to the following jurisdiction:
(1)Â
Construction or modification of any dam pursuant to Sections
22a-401 through 22a-409 of the General Statutes, as amended;
(2)Â
Construction or placement of any obstruction within stream
channel encroachment lines pursuant to Sections 22a-342 through 22a-349 of
the General Statues, as amended;
(3)Â
Construction or placement of any structure or obstruction
within the tidal, coastal or navigable waters of the state pursuant to Sections
22a-359 through 22a-363 or in designated tidal wetlands pursuant to Sections
22a-28 through 22a-35 of the General Statutes, as amended;
(4)Â
Diversion of water, including withdrawals of surface
or groundwater in excess of 50,000 gallons per day or any piping, culverting,
channelization, relocation, damming or other alteration of the location of
flow of any surface waters of the state where the tributary watershed area
above the point of such alteration is 100 acres or larger, pursuant to Sections
22a-365 through 22a-378a of the Connecticut General Statutes, is amended;
(5)Â
Discharges into the waters of the state pursuant to Sections
22a-430 of the General Statutes, as amended;
(6)Â
Discharge of fill or dredged materials into the wetlands
and watercourses of the state pursuant to Section 401 of the Federal Clean
Water Act, as amended, for activities regulated by the U.S. Army Corps of
Engineers under Section 404 of the Federal Clean Water Act.
B.Â
The Commissioner of Environmental Protection shall have
exclusive jurisdiction over regulated activities in or affecting wetlands
or watercourses, undertaken by any department, agency or instrumentality of
the state of Connecticut, except any local or regional board of education,
pursuant to Sections 22a-39 or 22a-45a of the Connecticut General Statutes.
C.Â
The Commissioner of Environmental Protection shall have
exclusive jurisdiction over tidal wetlands designated and regulated pursuant
to Sections 22a-28 through 22a-35 of the General Statutes, as amended.
D.Â
The Commissioner of Environmental Protection shall have
exclusive jurisdiction over activities authorized under a dam repair or removal
order issued by the Commissioner of Environmental Protection, under Section
22a-402 or a dam construction permit issued by the Commissioner of Environmental
Protection under Sections 22a-403 or 22a-41 of the Connecticut General Statutes.
Any person receiving such dam repair or removal order or dam construction
permit shall not be required to obtain a permit from a municipal wetlands
agency for any action necessary to comply with said dam order or to carry
out the activities authorized by said dam permit.
A.Â
No person shall conduct or maintain a regulated activity
without first obtaining a permit for such activity from the Inland Wetlands
Commission of the Town of Old Saybrook.
B.Â
The Commission shall regulate any operation within or use of a wetland or watercourse involving removal or deposition of material, or any obstruction, construction, alteration or pollution, of such wetlands or watercourses and any other regulated activity, unless such operation or use is permitted or nonregulated pursuant to § 301-4 of these regulations.
C.Â
Any person found to be conducting or maintaining a regulated activity without the prior authorization of the Town of Old Saybrook Inland Wetlands Commission, or violating any other provision of these regulations, shall be subject to the enforcement proceedings and penalties prescribed in § 301-14 of these regulations and any other remedies as provided by law.
A.Â
Any person wishing to undertake a regulated activity
or to renew or amend a permit to conduct such activity, shall apply for a
permit on a form entitled "Town of Old Saybrook Inland Wetlands and Watercourses
Commission - Application for Permit". The application shall contain the information
described in this section and any other information the Commission may reasonably
require. Application forms may be obtained in the offices of the Old Saybrook
Town Clerk or the Inland Wetlands Commission.
B.Â
If an application to the Town of Old Saybrook Planning
and/or Zoning Commission involves land containing or affecting a wetland or
watercourse, the applicant shall, in accordance with Section 8-3(g), 8-3c,
or 8-26, as applicable, of the Connecticut General Statues, submit an application
for a permit to the Commission in accordance with this section, no later than
the day the application is filed with such planning, and/or zoning commission.
C.Â
All applications shall contain such information that
is necessary for a fair and informed determination of the issues.
D.Â
The applicant may present preliminary plans for the proposed
application for informal review by the Commission. Review of a preliminary
plan is recommended to consider whether or not the proposed application involves
a significant activity. Neither the preliminary plan nor the informal review
by the Commission however, shall be deemed to constitute any portion of the
official and formal procedure of submitting and approving an application for
a permit to conduct regulated activity under the provisions of the Connecticut
General Statutes or the Old Saybrook Inland Wetlands and Watercourses Regulations.
E.Â
All applications shall include the following information
in writing or on maps or drawings:
(1)Â
The applicant's name, home and business address
and telephone numbers.
(2)Â
The owner's name, address and telephone number and
written consent if the applicant is not the owner of the property involved
in the application.
(3)Â
Applicant's interest in the land.
(4)Â
The geographical location of the property which is to
be affected by the proposed activity, including but not limited to a description
of the land in sufficient detail to allow identification of the inland wetlands
and watercourses, a computation of the area(s) (in acres or square feet) of
wetland or watercourse disturbance, soil type(s) and wetland vegetation.
(5)Â
The purpose and a description of the proposed activity
and proposed erosion and sedimentation controls and other management practices
and mitigation measures which may be considered as a condition of issuing
a permit for the proposed regulated activity including, but not limited to,
measures to (a) prevent or minimize pollution or other environmental damage,
(b) maintain or enhance existing environmental quality, or (c) in the following
order or priority: restore, enhance and create productive wetland or watercourse
resources.
(6)Â
Alternatives considered by the applicant and why the
proposal to alter wetlands set forth in the application was chosen. These
alternatives shall be diagrammed on a site plan or drawing and submitted to
the Commission as part of the application.
(7)Â
A site plan showing existing and proposed conditions
in relation to wetlands and watercourses and identifying any further activities
associated 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.
(8)Â
Names and addresses of all adjacent property owners.
(9)Â
Statement by the applicant that the applicant is familiar
with all the information provided in the application and is aware that there
are substantial penalties for obtaining a permit through deception or through
inaccurate or misleading information.
(10)Â
Authorization for the commissioners and agents of the
Commission to inspect the property, at reasonable times, both before and after
a final decision has been issued.
(11)Â
Any other information the Commission deems necessary
to the understanding of what the applicant is proposing.
F.Â
No detention and/or retention ponds allowed in wetlands
if alternative sites are available. If there are no alternative sites, and
no alternative solution to stormwater management exists, detention and/or
retention ponds in a wetland may be considered with the following stipulations:
(1)Â
An effective maintenance program of such ponds shall
be developed and performed by the property owner. Bonding to assure compliance
may be required by the Commission.
(2)Â
Access to such pond for maintenance shall be kept opened
by the property owner and shall not have an adverse impact on the wetland.
The Commission or its Agent shall have access to any such area for reasonable
periodic inspections.
G.Â
If the proposed activity involves a significant activity as determined by the Commission and defined in § 301-2 of these regulations, additional information based on the nature and anticipated effects of the activity, including but not limited to the following is required:
(1)Â
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 land ownership,
proposed alterations and uses of wetlands and watercourses, and other pertinent
features of the land drawn by a licensed surveyor, professional engineer or
landscape architect registered in the State of Connecticut or by such other
qualified person deemed acceptable to the Commission.
(2)Â
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.
(3)Â
Mapping of soil types consistent with the categories
established by the National Cooperative Soil Survey of the U.S. Soil Conservation
Service (the Commission may require the applicant to have the wetlands delineated
in the field by a soil scientist and that the field delineation be incorporated
onto the site plans).
(4)Â
Description of the ecological communities and functions
of the wetlands or watercourses involved with the application and the effects
of the proposed activities on these communities and wetland functions.
(5)Â
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, and a description of why
each alternative considered was deemed neither feasible nor prudent.
(6)Â
Analysis of chemical or physical characteristics of any
fill material.
(7)Â
Measures which mitigate the impact of the proposed activity.
Such measures include, but are not limited to, management practices, plans
or actions which avoid destruction or diminution of wetland or watercourse
functions, recreational uses and natural habitats, which prevent flooding,
degradation of water quality, erosion and sedimentation and obstruction of
drainage, or which otherwise safeguard water resources.
H.Â
The applicant shall certify whether:
(1)Â
Any portion of the property on which the regulated activity
is proposed is located within 500 feet of the boundary of an adjoining municipality.
(2)Â
Traffic attributable to the completed project on the
site will use streets within the adjoining municipality to enter or exit the
site.
(3)Â
Sewer or water drainage from the project site will flow
through and impact the sewage or drainage system within the adjoining municipality;
or,
(4)Â
Water runoff from the improved site will impact streets
or other municipal or private property within the adjoining municipality.
I.Â
A minimum of 4 copies of all application material shall
be submitted to comprise a complete application or as otherwise directed,
in writing, by the Inland Wetlands Commission.
J.Â
Any application a to renew, extend he expiration date of a previously issue permit, or amend an existing permit, shall be filed with the Commission en least 65 days prior to the expiration date for the permit in accordance with § 301-8D through H of these Regulations. The Commission may, at its discretion, grant an extension of the expiration date of such permit for a period not to exceed five years beyond the initial expiration date. Any application for amendment, renewal or extension shall be made in accordance with this section provided:
(1)Â
The application may incorporate by reference the documentation
and record of the original application;
(2)Â
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;
(3)Â
The application shall state the reason why the authorized
activities were not initiated or completed within the time specified in the
permit;
(4)Â
The application shall describe any changes in facts or
circumstances involved with or affecting wetlands or watercourses or the property
for which the permit was issued;
(5)Â
The Commission may accept an untimely application to
exceed the expiration date of 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 extended and the public interest or environment
will be best served by not interrupting the activity. 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.
K.Â
A reporting form shall be completed which provides the
Commission of the DEP 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. These sections shall
include the following: Name of applicant; name of the project, project description,
area of wetlands and/or lineal feet of watercourse proposed to be altered.
L.Â
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 an enforcement action has been undertaken with regard to the regulated
activity for which the permit was issued provided no permit may be valid for
more than ten years.
A.Â
No person shall conduct or maintain a regulated activity
without first applying for and having obtained a permit for such activity
from the Commission. Application shall be made by the property owner of record
or the duly authorized agent of such owner, such authorization to be in writing.
All applications shall be filed with the Inland Wetland Field Engineer of
the Town of Old Saybrook.
B.Â
In the case of any application where any portion of the
wetland or watercourse on which the regulated activity is proposed is located
within 500 feet of the boundary of Essex, Westbrook, or Old Lyme, the applicant
shall give written notice, in accordance with CGS 22a-42c, of the proposed
activity, certified mail return receipt requested, to the adjacent municipal
wetland agency on the same day of submitting an inland wetland permit application
with the Old Saybrook Inland Wetlands and Watercourse Commission. Documentation
of such notice shall be provided to the Old Saybrook Inland Wetlands Commission.
C.Â
The Commission shall, in accordance with CGS 22a-42b,
notify the clerk of any adjoining municipality of the pendency of any application
to conduct a regulated activity when:
(1)Â
Any portion of the property on which the regulated activity
is proposed is located within 500 feet of the boundary of an adjoining municipality;
(2)Â
A significant portion of the traffic to the completed
project on the site will use streets within the adjoining municipality to
enter or exit the site;
(3)Â
A significant portion of the sewer or water drainage
from the project site will flow through and significantly impact the sewage
or drainage system within the adjoining municipality; or,
(4)Â
Water runoff from the improved site will impact streets
or other municipal or private property within the adjoining municipality.
|
Notice of the pendency of such application shall be made by certified
mail, return receipt requested, and shall be mailed within seven days of the
date of receipt of the application.
|
D.Â
When an application is submitted 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 16.1 of the General Statutes, the applicant shall provide written
notice of the application to the water company, providing such water company
has filed a map showing the boundaries of the watershed on the Land Records
of Old Saybrook and with the Old Saybrook Inland Wetlands and Watercourses
Commission. 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. Documentation of such notice shall be provided to the
Commission.
E.Â
The date of receipt of any application shall he the day
of the next regularly scheduled meeting of the Commission immediately following
the day of submission to the Commission, provided such meeting is no earlier
than three business days after such submission, or thirty-five days after
such submission, whichever is sooner.
F.Â
At any time during the review period, the Commission may require the applicant to provide additional information about the application, or wetlands or watercourses affected by the regulated activity. Request for such additional information shall not stay the time limitations as set forth in § 301-11B of the regulations.
G.Â
All applications shall be open for public inspection.
H.Â
Incomplete applications may be denied.
A.Â
The Inland Wetlands Commission shall not hold a public
hearing for an application unless the Commission determines that the proposed
activity may have a significant impact on wetlands or watercourses or a petition
signed by at least twenty-five persons requesting a hearing is filed with
the Commission not later than fifteen days after the date of receipt of such
application or the Commission finds that a public hearing regarding such application
would be in the public interest. Such hearing shall be held no later than
sixty-five days after the receipt of such application. All application and
maps and documents relating thereto shall be open for public inspection. Any
person may appear and be heard at any public hearing.
B.Â
Notice of the public hearing shall be published at least
twice at intervals of not less than two days, the first not more than fifteen
days and not fewer than ten days, and the last not less than two days before
the date set for the hearing in a newspaper having a general circulation in
each town where the affected wetland and watercourse is located.
C.Â
Notice of the public hearing shall be mailed to the owner(s)
of record of abutting land no less than fifteen days prior to the day of the
hearing.
D.Â
In the case of any application which is subject to the notification provision of § 301-8C of these regulations, a public hearing shall not be conducted until the clerk of the adjoining municipality(ies) has received notice of the pendency of the application. Proof of such notification shall be entered into the hearing record.
E.Â
In any matter before the Commission requiring a public
hearing, the applicant shall cause to be posted a temporary sign or signs
visible from the street notifying the public of said hearing. The sign(s)
shall be the responsibility of the applicant and posted subject to the following
conditions.
(1)Â
The sign shall be posted at least seven days prior to
the day of the hearing. It shall be firmly secured to the ground or structure
to prevent vandalism. If there is more than one frontage of the parcel on
a street or streets, one sign for each frontage shall be posted.
(2)Â
The composition of the sign(s) shall be of a durable
material such as wood or metal, 40" x 40" in size painted white with black
lettering having a minimum height of 4" with a letter stroke of 1".
(3)Â
The sign(s) shall advertise the date, time and place
of the public hearing of the wetlands activity or boundary change.
(4)Â
Format of the sign(s) shall be obtained from the office
of the Commission.
(5)Â
Any proponent who fails to display the sign shall be
required to file a new application.
(6)Â
The sign(s) shall be taken down within one week after
the public hearing is completed.
A.Â
The Commission may consider the following in making its
decision on an application.
(1)Â
The application and its supporting documentation;
(2)Â
Public comments, evidence and testimony from a public
hearing;
(4)Â
The Commission may also consider comments on any application
from the Middlesex County Soil and Water Conservation District, the Connecticut
River Estuary Regional Planning Agency or other regional organizations; agencies
in adjacent municipalities which may be affected by the proposed activity,
or other technical agencies or organizations which may undertake additional
studies of investigations.
B.Â
Criteria for decision. In carrying out the purposes and
policies of Sections 22a-36 to 22a-45, inclusive, of the Connecticut General
Statutes, including matters relating to regulating, licensing and enforcing
of the provisions thereof, the Commission shall take into consideration all
relevant facts and circumstances, including but not limited to:
(1)Â
The environmental impact of the proposed regulated activity,
including the effects on the inland wetland's and watercourses's
capacity to support fish and wildlife, to prevent flooding, to supply and
protect surface and ground waters, to control sediment, to facilitate drainage,
to control pollution, to support recreational activities, and to promote public
health and safety;
(2)Â
The applicant's purpose for, and any feasible and
prudent alternatives to, the proposed regulated activity which alternatives
would cause less or no environmental impact to wetlands or watercourses. Such
alternatives should include, but not necessarily limited to, requiring actions
of different nature which would provide similar benefits with different location
for the activity;
(3)Â
The relationship between the short term and long term
impacts of the proposed regulated activity on wetlands or watercourses and
the maintenance and enhancement of long-term productivity of such wetlands
or watercourses;
(4)Â
Irreversible and irretrievable loss of wetland or watercourse
resources which would be caused by the proposed regulated activity, including
the extent to which such activity would foreclose a future ability to protect,
enhance or restore such resources, and any mitigation measures which may be
considered as a condition of issuing a permit for such activity including,
but not limited to, measures to (a) prevent or minimize pollution or other
environmental damage, (b) maintain or enhance existing environmental quality,
or (c) in the following order of priority: restore, enhance and create productive
wetland or watercourse resources;
(5)Â
The character and degree of injury to, or interference
with, safety, health or the reasonable use of property, including abutting
or downstream property, which would be caused or threatened by the proposed
regulated activity, or the creation of conditions which may do so. This includes
recognition of potential damage from erosion, turbidity, or siltation, loss
of fish and wildlife and their habitat, loss of unique habitat having demonstrable
natural, scientific or educational value, loss or diminution of beneficial
aquatic organisms and wetland plants, the dangers of flooding and pollution,
and the destruction of the economic, aesthetic, recreational and other public
and private uses and values of wetlands and watercourses to the community;
(6)Â
Impacts of the proposed regulated activity on wetlands
or watercourses outside the area for which the activity is proposed and future
activities associated 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.
C.Â
In the case of any applicant which received a public hearing pursuant to a finding by the Commission that the proposed activity may have a significant impact on wetlands or watercourses, a permit shall not be issued unless the Commission finds on the basis of the record that a feasible and prudent alternative does not exist. In making this finding the Commission shall consider the facts and circumstances set forth in Subsection B of this section. The finding and the reasons therefore shall be stated on the record in writing.
D.Â
In the case of an application which is denied on the
basis of a finding that there may be feasible and prudent alternatives to
the proposed regulated activity which have less adverse impact on wetlands
or watercourses, the Commission shall propose on the record in writing the
types of alternatives which the applicant may investigate provided this subsection
shall not be construed to shift the burden from the applicant to prove that
he is entitled to the permit or to present alternatives to the proposed regulated
activity.
E.Â
In reaching its decision on any application after a public
hearing, the Commission shall base its decision on the record of that hearing.
Documentary evidence or other material not in the hearing record shall not
be considered by the agency in its decision, A conclusion that a feasible
and prudent alternative does not exist does not create a presumption that
a permit should be issued. The applicant has the burden of demonstrating that
his application is consistent with the purposes and the policies of the Inland
Wetlands and Watercourses Regulations of the Town of Old Saybrook and of Section
22a-36 to 22a-45, inclusive, of the Connecticut General Statutes.
A.Â
The Commission, or its duly authorized agent pursuant to § 301-12 of these regulations, may, in accordance with § 301-10 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 (a) prevent or minimize pollution or other environmental damage (b) maintain or enhance existing environmental quality, or (c) in the following order of priority: restore, enhance and create productive wetland or watercourse resources.
B.Â
No later than 65 days after receipt of an application, the commission may hold a public hearing on such application. The hearing shall be completed within 45 days of its commencement and action shall be taken on such application 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 such application. The applicant may consent to one or more extensions of the period specified in this subsection for the holding of the hearing and for action on such application, provided the total extension for any such period shall not be for longer than the original period as specified in this subsection or may withdraw such application. If the Commission 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, 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 the Commission shall be paid by the Town of Old Saybrook. Any fees that would have been paid to the Town of Old Saybrook, if such application had not been filed with the Commissioner, shall be paid to the state. The failure of the Commission or the Commissioner of Environmental Protection to act within any time period specified in this subsection, or any extension thereof, shall not be deemed to constitute approval of the application. Incomplete applications shall not be accepted by the Commission. An application shall be deemed incomplete by the Commission if it does not comply with the provisions of § 301-7, Application requirements, and/or § 301-8B and D, Notice requirements.
C.Â
The Commission shall state upon its record the reasons and bases for its decision and, in the case of any public hearing, such decision shall be based fully on the record of such hearing and shall be in writing and shall, as applicable and in accordance with § 301-10 of these regulations, incorporate a statement relative to the consideration of feasible and prudent alternatives.
D.Â
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, in a newspaper
having general circulation in the Town wherein the inland wetland or watercourse
lies. In the event that the Commission fails to publish notice, the applicant
may publish such notice within ten days after the decision. A copy of all
Commission decisions shall be forwarded to the commissioner of Environmental
Protection in such form as prescribed by the Commissioner.
E.Â
If an activity authorized by the inland wetlands 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
Old Saybrook Planning or Zoning Commission within fifteen days of the date
of the decision.
F.Â
If the Commission denies the permit, or if it grants
a permit with terms, conditions, limitations or modifications, the applicant
may attempt to modify the proposal to the Commission's satisfaction.
The Commission shall determine whether the proposed modification requires
the filing of a new application. The rejection of a modified or corrected
application by the Commission shall be equivalent to the denial of an application
for the purposes of appeal.
G.Â
If the Commission denies a permit, the application shall
not be resubmitted unless the proposal is modified in a fashion that substantially
changes the impacts which resulted in the denial. Such submittal shall take
the form of a new application.
H.Â
Any permit issued under this section shall be valid for
at least two years and the Commission may provide for the permit to be valid
for up to five years, provided the permittee may apply for and the Commission
may, at its discretion, grant a renewal of such permit for successive periods
of time not to exceed an additional five years. Permit extension shall be
at the discretion of the Commission and may be subject to an additional public
hearing. All permits shall expire upon the completion of the acts specified
therein.
I.Â
Permits are not transferable without the prior written consent of the Commission and the submission of the appropriate filing fee based on the fee schedule established in § 301-19 of these regulations.
J.Â
If a bond or insurance is required in accordance with § 301-13 of these regulations, no permit shall be issued until such bond or insurance is provided.
K.Â
General provisions in the issuance of all permits:
(1)Â
In evaluating applications in which the Commission relied
in whole or in part on information provided by the applicant, if such information
subsequently proves to be false, deceptive, incomplete or inaccurate, the
permit may be modified, suspended or revoked.
(2)Â
All permits issued by the Commission are subject to and
do not derogate any present or future rights or powers of the Commission of
the Town of Old Saybrook, and convey no rights to 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 property or activity.
(3)Â
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 under Sections 8.3(g),
8-3c, or 8-26 of the Connecticut General Statues, no work pursuant to the
wetland permit may begin until such approval is obtained.
(4)Â
The permittee shall take such necessary steps consistent
with the terms and conditions of the permit, to control storm water discharges
and to prevent erosion and sedimentation and to otherwise prevent pollution
of wetlands and watercourses.
A.Â
Commission may delegate to its duly authorized agent the authority to approve or extend an action that is 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 wetlands or watercourses provided such agent has completed the comprehensive training program developed by the Commissioner of Environmental Protection pursuant to Section 22a-39 of the CGS. Requests for such approval shall be made on a form provided by the Commission and shall contain the information listed under § 301-7E of these regulations and any other information the Commission may reasonably require. Notwithstanding the provisions for receipt and processing applications prescribed in §§ 301-8, 301-9 and 301-11 of these regulations, such agent may approve or extend such an activity at any time.
B.Â
Any person receiving such approval from such agent shall, within ten days of the date of such approval, publish, at the applicant's expense, notice of the approval 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 fifteen 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 such Commission or its agent of such appeal. Any person may appear and be heard at the meeting held by the Commission to consider the subject 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 § 301-7 of these regulations.
A.Â
Upon approval of the application and prior to issuance
of a permit, the applicant may, at the discretion of the Commission, be required
to file a bond with such surety in such amount and in a form approved by the
Commission.
B.Â
The bond or surety shall be conditioned on compliance
with all provisions of these regulations and the terms, conditions and limitations
established in the permit.
C.Â
The Commission may require the applicant to certify that
it has public liability insurance against liability which might result from
the proposed operation or use of the wetlands or watercourses covering any
and all damage which might occur within two years of completion of such operations,
in an amount to be determined by the Commission commensurate with the regulated
activity.
A.Â
The Commission may appoint an agent or agents to act in its behalf with the authority to inspect property except a private residence, and issue notices of violation or cease and desist orders and carry out other actions or investigations necessary for the enforcement of these regulations. In carrying out the purposes of this section, the Commission or its duly authorized agent shall take into consideration the criteria for decision under § 301-10B of these regulations.
B.Â
The Commission or its agent may make regular inspections,
at reasonable hours, of all regulated activities for which permits have been
issued under these regulations.
C.Â
If the Commission or its duly authorized agent finds
that any person is conducting or maintaining any activity, facility or condition
which is in violations of the Act or these regulations, the Commission or
its duly authorized agent may:
(1)Â
Issue a written order by certified mail, return receipt
requested, to such person conducting such activity or maintaining such facility
or condition to immediately cease such activity or to correct such facility
or condition. Within 10 calendar days of the issuance of such order the Commission
shall hold a hearing to provide the person an opportunity to be heard and
show cause why the order should not remain in effect. The Commission shall
consider the facts presented at the hearing and within 10 days of the completion
of the hearing notify the person by certified mail that the original order
remains in effect, that a revised order is in effect, or that the order has
been withdrawn. The Commission shall publish notice of its decision in a newspaper
having general circulation in the municipality. The original order shall be
effective upon issuance and shall remain in effect until the Commission affirms,
revises or withdraws the order. The issuance of an order pursuant to this
section shall not delay or bar an action pursuant to Section 22a-44(b) of
the General Statutes, as amended;
(2)Â
Suspend or revoke a permit if it finds that the applicant
has not complied with the terms, conditions or limitations set forth in the
permit or has exceeded the scope of the work as set forth in the application
including application plans. Prior to revoking any permit, the Commission
shall issue notice to the permittee, personally or by certified mail, return
receipt requested, setting forth the facts or conduct which warrants the intended
action. At the public hearing the permittee shall be given an opportunity
to show that it is in compliance with its permit and any and all requirements
for retention of the permit. The permittee shall be notified of the Commission's
decision to suspend, revoke, or maintain a permit by certified mail within
15 days of the date of its decision. The Commission shall publish notice of
the suspension or revocation in a newspaper having general circulation in
the municipality.
(3)Â
Issue a notice of violation to such person conducting such activity or maintaining such facility or condition, stating the nature of the violation, the jurisdiction of the Commission and prescribing the necessary action and steps to correct the violation including without limitation, halting work in wetlands or watercourses. The Commission may request that the individual appear the next regularly scheduled meeting of the Commission to discuss the unauthorized activity, and/or provide a written reply to the notice or filing a proper application for the necessary permit. Failure to carry out the action(s) directed in a notice of violation may result in issuance of the order provided in Subsection A of this section or other enforcement proceedings as provided by law.
A.Â
These regulations and the Inland Wetlands and Watercourses
Map for the Town of Old Saybrook may be amended, from time to time, by the
Commission in accordance with the changes in the Connecticut General Statutes
or regulations of the State Department of Environmental Protection, or as
new information regarding soils and inland wetlands and watercourses becomes
available.
B.Â
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 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 provision of this section
shall not be construed to apply (a) to the establishment, amendment or change
of boundaries of inland wetlands or watercourses or (b) to any change in regulations
necessary to make such regulations consistent with the provisions of the Act
as of the date of such receipt.
C.Â
These regulations and the Town of Old Saybrook Inland
Wetlands and Watercourses 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.
(1)Â
A public hearing shall be held. Notice of the hearing
shall be published in the form of a legal advertisement, appearing in a newspaper
having a substantial circulation in Old Saybrook 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 such hearing.
(2)Â
A copy of such regulations or Inland Wetlands and Watercourses
map shall be filed in the office of the Town Clerk, for public inspection
at least ten days before such hearing.
(3)Â
The Commission shall provide the Commissioner of Environmental
Protection with a copy of any proposed regulations and notice of public hearings
to consider any proposed regulations or amendments thereto except determination
of boundaries, at least thirty-five days before the public hearing on their
adoption. Application forms and fee schedules shall be considered as part
of the commission regulations.
D.Â
Petitions requesting changes or amendments to the "Inland
Wetlands and Watercourses Map, Old Saybrook, Connecticut" shall contain at
least the following information:
(1)Â
The applicant's name, address, and telephone number;
(2)Â
The owner's name (if not the applicant), address,
telephone number, and a written consent to the proposed action set forth in
the application;
(3)Â
Applicant's interest in the land;
(4)Â
The geographic location of the property involved in the
petition including a description of the land in sufficient detail to allow
identification of the disputed wetland or watercourse areas;
(5)Â
The reasons for the requested action;
(6)Â
The names and addresses of adjacent property owners,
and
(7)Â
A map showing proposed development of the property.
E.Â
Any person who submits a petition to amend the Inland Wetlands and Watercourses Map, Old Saybrook, 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 subject to the petition, or if such person is representing the interests of such owner, developer or purchaser, in addition to the information required in Subsection D, the petition shall include:
(1)Â
The name, mailing address and telephone number of the
owner(s) of such land and owner(s) agent or other representative;
(2)Â
The names and mailing addresses of the owners of abutting
land;
(3)Â
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
(4)Â
Map(s) showing any proposed development of the land in
relation to existing and proposed wetland and watercourse boundaries.
F.Â
Watercourses shall be dedicated by a soil scientist,
geologist, ecologist or other qualified individual, deemed acceptable to the
Commission.
G.Â
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 substantial circulation in the municipality 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 such
hearing. A copy of such proposed boundary change shall be filed in the office
of the Town Clerk for public inspection at least ten days before such hearing.
H.Â
Within 90 days after receipt of a petition for a change
in the mapped boundaries of any wetland or watercourse, the Commission shall
hold a public hearing to consider the petition. The Commission shall act upon
the changes requested in such petition within 60 days after the close of the
hearing. The petitioner may consent to one or more extensions of the periods
specified in this subsection for the holding of the hearing and for action
on such petition, provided the total extension of any such period shall not
be for longer than the original period as specified in this subsection, or
may withdraw such petition. The 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.
I.Â
The Commission shall make its decision and state, in
writing, the reasons why the change in the Inland Wetland and Watercourses
Map was made.
A.Â
If there is a conflict between the provisions of these
regulations, the provision which imposes the most stringent standards for
the use of wetlands and watercourses shall govern. The invalidity of any word,
clause, sentence, section, part, subsection or provision of these regulations
shall not affect the validity of any other part which can be given effect
without such valid part or parts.
B.Â
If there is a conflict between any provisions of these
regulations and the Connecticut General Statutes Sections 22a-36 through 22a-45
as amended (The Inland Wetlands and Watercourses Act), the provisions of the
Statutes shall govern.
A.Â
Nothing in these regulations shall obviate the requirements
for the applicant to obtain any other assents, permits or licenses required
by law or regulation by the Town of Old Saybrook, State of Connecticut and
the Government of the United States including any approval required by the
Connecticut Department of Environmental Protection and the U.S. Army Corps
of Engineers. Obtaining such assents, permits or licenses is the sole responsibility
of the applicant.
A.Â
Method of Payment. All fees required by these regulations
shall be submitted to the Commission by cash, check, or money order payable
to the Town of Old Saybrook at the time the application is filed with the
Commission.
B.Â
No application shall be granted or approved by the Commission unless the correct application fee is paid in full or unless a waiver has been granted by the Commission pursuant to § 301-19G of these regulations.
C.Â
The application fee is not refundable.
D.Â
RESIDENTIAL USES
COMMERCIAL USES
Definitions. As used in this section:
Activities carried out on property developed for permanent housing
or being developed to be occupied by permanent housing.
Activities carried out on property developed for industry, commerce,
trade, recreation or business or being developed to be occupied for such purposes,
for profit or nonprofit.
E.Â
Fee Schedule. Application fees shall be based on the
following schedule:
(1)Â
Residential - single lot: $65.00.
(2)Â
Residential Subdivision: $250.00.
(3)Â
Commercial/Industrial: $250.00.
(4)Â
Significant activity fee: $375.00.
(5)Â
Additional fee for cost of technical review.
(6)Â
Actual Modification of wetland boundary: $75.00.
(7)Â
Modification of existing permit (minor): $25.00.
(8)Â
Permit ownership transfer fee: $25.00.
(9)Â
Modification of previous approval (minor): $25.00.
F.Â
Exemption. Boards, commissions, councils and departments
of the Town of Old Saybrook are exempt from all fee requirements.
G.Â
Waiver. The applicant may petition the Commission to
waive, reduce or allow delayed payment of the fee. Such petitions shall be
in writing and shall state fully the facts and circumstances the Commission
should consider in its determination under this subsection.
A.Â
The Commission and the Town Clerk for the Town of Old Saybrook shall retain complete administrative records of Commission actions and dispose of such records in accordance with the retention/disposition schedules set forth in Subsection B.
B.Â
The public records administrator of the Connecticut State
Library established the following new records retention/disposition schedules
for municipal Inland Wetlands Agencies effective April 24, 1989:
|
RECORD TITLE
|
MINIMUM RETENTION REQUIRED IN COMMISSION
|
TOWN CLERK
| |
|---|---|---|---|
|
Applications (inc. supporting materials
|
10 years
|
 —Â
| |
|
Decision Letters
|
10 years
|
Permanent
| |
|
Approved Site Plans
|
10 years
|
 —Â
| |
|
Legal Notices
|
10 years
|
Permanent
| |
|
Staff and Public Written Testimony (hearing records)
|
10 years
|
 —Â
| |
|
Minutes of Meetings & Public Hearings
|
15 years
|
Permanent
| |
|
Tapes, Audio-Inland Wetland Matters
|
4 years
|
 —Â
| |
|
Notices of Violation & Orders
|
10 years
|
 —Â
| |
|
Text of Changes Adopted in Regulations
|
Continuous Update/Permanent
|
 —Â
| |
|
General Correspondence Issued or Received
|
5 years
|
 —Â
|
These regulations including the Inland Wetlands and Watercourses Map,
application forms, fee schedule and amendments thereto, shall become effective
upon filing in the Office of the Town Clerk and publication of a notice of
such action in a newspaper having general circulation in the Town of Old Saybrook.
