The Commission or its duly authorized agent acting pursuant to Article XII of these regulations, may grant the application as filed; grant it upon such terms, conditions, limitations or modifications necessary to carry out the purposes of the Act; or deny it. 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 water course resources. The Commission may grant the application 14 days after it is presented in accordance to statute.
[Amended 3-9-2004]
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 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Commission shall be withdrawn by the applicant or denied by the Commission.
The Commission shall state upon its record the
reasons and basis 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 incorporate a statement
relative to the consideration of feasible and prudent alternatives.
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 water course
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 there after.
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 Orange Plan and Zoning Commission within
15 days of the date of the decision.
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 purpose of appeal.
Any permit issued under this article for the
development of property for which an approval is required under Section
8-3, 8-25 or 8-26 shall be valid for five years provided the Commission
may establish a specific time period within which any regulated activity
shall be conducted. Any permit issued under this article for any other
activity shall be valid for not less then two years and not more than
five years.
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 proof of insurance is provided.
General provisions in the issuance of all permits:
A.
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.
B.
All permits issued by the Commission are subject to
and do not derogate any present or future rights or powers of the
Commission, 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 property or activity.
C.
If the activity authorized by the inland wetlands
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.
The permittee shall take 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 water courses.
