An application filed with the Commission which
is in conformance with the applicable inland wetlands regulations
as of the date of 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 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
article shall not be construed to apply:
These regulations and the "Inland Wetlands and
Water Courses Map, Orange, Connecticut" 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 determinations of boundaries, at least 35 days before
the public hearing on their adoption. Application forms shall be considered
as part of the Commission regulations.
Petitions requesting changes or amendments to
the "Inland Wetlands and Water Courses Map, Orange, Connecticut" shall
contain at least the following information:
A.
The petitioner's name, address and telephone number;
B.
The address of the land affected by the petition;
C.
Petitioner's interest in the land affected by the
petition;
D.
Map(s) showing geographic location of the land affected
by the petition; and the existing and proposed wetland(s) and water
course(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 Water Courses Map, Orange, 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 the subject of the petition, or is such person as is representing the interests of such an owner, developer, or purchaser in addition to the information required in § 381-67, the petition shall include:
A.
The name, address and telephone number of the owner(s)
of such land and owner(s) agent or other representative;
B.
The names and addresses of the owners of abutting
land;
C.
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
D.
Map(s) showing any proposed development of the land
in relation to existing and proposed wetland and water course boundaries.
Water courses shall be delineated by a soil
scientist, geologist, ecologist, or other qualified individual.
[Amended 3-9-2004]
A public hearing shall be held on petitions
to amend the regulations and the Inland Wetlands and Water Courses
Map. Notice of the hearing shall be published in a newspaper having
a general circulation in the 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. All materials, including maps and documents relating
to the petition, shall be open for public inspection.
[Amended 3-9-2004]
The Commission shall hold a public hearing on
a petition to amend the regulations and the Inland Wetlands and Water
Courses Map within 65 days after 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 the subsection, provided the total extension of all such
periods shall not be for longer than 65 days or may withdraw such
petition. Failure of the agency to act within any time period specified
in this subsection, or any extension thereof, shall not be deemed
to constitute approval of petition.
The Commission shall make its decision and state,
in writing, the reasons why the change in the "Inland Wetlands and
Water Courses Map, Orange, Connecticut" or these regulations was made.
