[HISTORY: Adopted 7-7-2004 by the Conservation Commission of the Town of Somers, effective 7-21-2004.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Conservation Commission — See Ch. 20.
Flood and Erosion Control Board — See Ch. 29.
Building construction — See Ch. 88.
Soil erosion and sediment control — See Ch. 161.
Subdivision of land — See Ch. 213.
Zoning — See Ch. 214.
[1]
Editor's Note: These regulations superseded former Ch. 211, Inland Wetlands and Watercourses, adopted 10-20-1997.
A. 
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 wetlands 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, turgidity 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. 
These regulations shall be known as the "Inland Wetlands and Watercourses Regulations of the Town of Somers, Connecticut."
C. 
The Conservation Commission of the Town of Somers was established in accordance with an ordinance adopted May 7, 1974 and shall implement the purposes and provisions of these regulations and the Inland Wetlands and Watercourses Act[1] in the Town of Somers.
[1]
Editor's Note: See C.G.S. § 22a-36 et seq.
D. 
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. 
The Commission shall enforce the Inland Wetlands and Watercourses Act and shall issue, issue with terms, conditions, limitations or modifications, or deny permits for all regulated activities in the Town of Somers pursuant to Sections 22a-36 to 22a-45, inclusive, of the Connecticut General Statutes, as amended.
As used in these regulations, the following terms shall have the meanings indicated:
ACT
The Inland Wetlands and Watercourses Act, Sections 22a-36 through 22a-45, inclusive, of the Connecticut General Statutes, as amended.
CLEARING LIMITS
The boundaries of any cutting, clearing, or grubbing of vegetation associated with a project to conduct a regulated activity.
COMMISSION
The Conservation Commission of the Town of Somers.
CONSERVATION EASEMENT
A restrictive covenant running from the property owner to the Town of Somers, which restrictive covenant shall attach to and run with the land and be binding upon the property owner and his heirs, successors and assigns. The effect of the conservation easement shall be a legal agreement between the property owner and the Town, wherein the property owner agrees to perpetually preserve, protect, conserve, and maintain in a natural, scenic and open condition, all land contained with the legal description encompassing the conservation easement. By natural, scenic, and open condition it is hereby meant that the land must remain undisturbed, i.e., no construction, no filling or excavation, or other soil disturbance, no removal or destruction of trees, shrubs or vegetation, other than safety hazards; and no activities detrimental to natural drainage patterns, soil, vegetation, and wildlife. The fee simple interest in the land contained within the conservation easement shall remain with the owner of the land subject to the conservation easement in favor of the Town.
BOGS
Areas distinguished by evergreen trees and shrubs underlain by peat deposits, poor drainage, and highly acidic conditions.
CLEAR-CUTTING
The harvest of timber in a fashion which removes all trees down to a two-inch diameter at breast height.
COMMISSIONER OF ENVIRONMENTAL PROTECTION
The Commissioner of the State of Connecticut Department of Environmental Protection.
CONTINUAL FLOW
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.
DEPOSIT
Includes, but shall not be limited to fill, grade, dump, place, discharge or emit.
DESIGNATED AGENT
An individual(s) designated by the Conservation Commission to carry out its functions and purposes.
DISCHARGE
Emission of any water, substance, or material into wetlands or watercourses whether or not such substance causes pollution.
DISTURB THE NATURAL AND INDIGENOUS CHARACTER OF THE WETLAND OR WATERCOURSE
To alter the inland wetlands and watercourses by reason of removal or deposition of material, clearing the land, altering or obstructing water flow, or pollution.
ESSENTIAL TO THE FARMING OPERATION
The proposed activity is necessary and indispensable to sustain farming activities on an existing farm.
FARMING
Use of land for the growing of crops, raising of livestock, including horses, or other agricultural use.
FEASIBLE
Able to be constructed or implemented consistent with sound engineering principles.
MANAGEMENT PRACTICE
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 setbacks from wetlands or watercourses; proper disposal of 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 flows; confining construction that must take place in watercourses to times when water flows are low and fish and wildlife will not be adversely affected.
MARSHES
Areas with soils that exhibit aquatic moisture regimes and are distinguished by the absence of trees and shrubs and the dominance of soft-stemmed herbaceous plants. The water table in marshes is at or above the ground surface throughout the year and areas of open water six inches or more in depth are common, but seasonal water table fluctuations are encountered.
MATERIAL
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.
MUNICIPALITY
The Town of Somers.
NURSERIES
Land used for propagating trees, shrubs or other plants for transplanting, sale, or for use as stock for grafting.
PERMIT
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.
PERMITTEE
The person to whom a permit has been issued.
PERSON
Any person, firm, partnership, association, corporation, company, organization or legal entity of any kind, including municipal corporations, governmental agencies or subdivisions thereof.
POLLUTION
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.
PRUDENT
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 imprudent.
REGULATED ACTIVITY
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 specified activities in Section 22a-40 of the Connecticut General Statutes. Furthermore, any clearing, grubbing, filling, grading, paving, excavating, constructing, depositing or removing 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. The Commission may rule that any other activity located within such upland review area or in any other non-wetland or non-watercourse area is likely to impact or affect wetlands or watercourses and is a regulated activity.
REGULATED AREA
Any wetlands or watercourses as defined in these regulations.
REMOVE
Includes, but shall not be limited to, drain, excavate, mine, dig, dredge, suck, grub, clear cut timber, bulldoze, dragline or blast.
RENDERING UNCLEAN OR IMPURE
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.
SIGNIFICANT IMPACT ACTIVITY
Any activity, including, but not limited to, the following activities which may have a major effect or significant impact.
A. 
Any activity involving 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.
B. 
Any activity which substantially changes the natural channel or may inhibit the natural dynamics of a watercourse system.
C. 
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.
D. 
Any activity which is likely to cause or has the potential to cause substantial turbidity, siltation or sedimentation in a wetland or watercourse.
E. 
Any activity which causes a substantial diminution of flow of a natural watercourse or groundwater levels of the regulated area.
F. 
Any activity which is likely to cause or has the potential to cause pollution of a wetland or watercourse.
G. 
Any activity which damages or destroys unique wetland or watercourse areas or such areas having demonstrable scientific or educational value.
SOIL SCIENTIST
An individual duly qualified in accordance with standards set by the federal Office of Personnel Management.
SUBMERGED LANDS
Those lands which are inundated by water on a seasonal or more frequent basis.
SWAMPS
Areas with soils that exhibit aquic moisture regimes and are distinguished by the dominance of wetland trees and shrubs.
TOWN
The Town of Somers.
WASTE
Sewage or any substance, liquid, gaseous, solid or radioactive, which may pollute or tend to pollute any of the wetlands or watercourses of the Town.
WATERCOURSES
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 Sections 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.
WETLANDS
Land, including submerged land as defined in this section, not regulated pursuant to Sections 22a-28 through 22a-35, inclusive, of the Connecticut General Statutes, 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 Soil Conservation Service of the U.S. Department of Agriculture (USDA). 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. 
The map of regulated areas entitled "Inland Wetlands and Watercourses Map, Somers, Connecticut" delineates the general location and boundaries of inland wetlands and the general location of watercourses. Copies of this map are available for inspection at the office of the Town Clerk or the 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 location 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. 
Any 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 § 211-15 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. The Commission may require such an owner to provide an accurate delineation of regulated areas in accordance with § 211-15 of these regulations.
C. 
The Commission or its designated agent(s) shall maintain a current inventory of regulated areas within the Town. The Commission may amend its map as more accurate information becomes available. 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 § 21-15 of these regulations.
A. 
The following operations and uses shall be permitted in inland wetlands and watercourses, as of right:
(1) 
Grazing, farming, nurseries, gardening and harvesting of crops and farm ponds of three acres or less essential to the farming operation, and activities conducted by, or under the authority of the Department of Environmental Protection for the purposes of wetland and watercourse restoration or enhancement or mosquito control. The provisions of this subdivision 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) 
A residential home (i) for which a building permit has been issued or (ii) 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, whichever is earlier, and further provided no residential home shall be permitted as of right pursuant to this subdivision unless the building permit was obtained on or before July 1, 1987. Any person claiming a use of wetlands permitted as a right under this subdivision 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) 
A boat anchorage or mooring, not to include dredging or dock construction;
(4) 
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 in the Town of Somers, and containing a residence. Such incidental uses shall include, but not be limited to maintenance of existing structures and landscaping, but shall not include removal or deposition of significant amounts of material from or into a wetland or watercourse, or diversion or alteration of a watercourse;
(5) 
Construction and operation, by water companies as defined by Section 16-1 of the Connecticut 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 through 22a-410 of the Connecticut General Statutes;
(6) 
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, whichever 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. 
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) 
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) 
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. 
All activities in wetlands or watercourses involving filling, excavating, dredging, clear cutting, clearing, or grading or any other alteration or use of a wetland or watercourse not specifically permitted by this section and otherwise defined as a regulated activity by these regulations shall require a permit from the Commission in accordance with § 211-6 of these regulations.
D. 
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 or regulated area that may disturb the natural and indigenous character of the wetland or 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. 
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) 
Construction or modification of any dam pursuant to Sections 22a-401 through 22a-411 of the Connecticut General Statutes, as amended.
(2) 
Construction, encroachment or placement of any obstruction within stream channel encroachment lines pursuant to Sections 22a-342 through 22a-349a of the Connecticut General Statutes, as amended.
(3) 
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 Connecticut General Statutes, as amended.
(4) 
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, as amended.
(5) 
Discharges into the waters of the state pursuant to Section 22a-430 of the Connecticut General Statutes, as amended.
(6) 
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. 
The Commissioner of Environmental Protection shall have exclusive jurisdiction over regulated activities in or affecting wetlands or watercourses, undertaken by any department, commission or instrumentality of the State of Connecticut, except any local or regional board of education, pursuant to Section 22a-39 or 22a-45a of the Connecticut General Statutes.
C. 
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 Connecticut General Statutes, as amended.
D. 
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 Section 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 commission for any action necessary to comply with said dam order or to carry out the activities authorized by said dam permit.
A. 
No person shall conduct or maintain a regulated activity without first obtaining a permit for such activity from the Conservation Commission of the Town of Somers.
B. 
Any person found to be conducting or maintaining a regulated activity without the prior authorization of the Commission, or violating any other provision of these regulations, shall be subject to the enforcement proceedings and penalties prescribed in § 211-14 of these regulations and any other remedies as provided by law.
A. 
Any person intending to conduct a regulated activity or to renew or amend a permit to conduct such activity, shall apply for a permit on a form provided by the Commission. 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 Somers Town Clerk or the Land Use Office.
B. 
If an application to the Town of Somers Planning, Zoning, or Planning and Zoning Commission for subdivision or resubdivision of land involves land containing 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 Statutes, 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, Zoning, or Planning and Zoning Commission.
C. 
The application shall contain such information as is necessary for a fair and informed determination thereon by the Commission.
D. 
A prospective applicant may request the Commission to determine whether or not a proposed activity involves a significant impact activity.
E. 
All applications shall include the following information in writing, in addition to maps or drawings as required by the Conservation Commission and forms provided by the Conservation Commission. More information may be required, as determined by the Commission or authorized agent depending on the nature of the project and the potential risk to wetlands and watercourses:
(1) 
The applicant's name, home and business mailing addresses and telephone numbers;
(2) 
The owner's name, mailing address and telephone number and written consent of the land owner if the applicant is not the owner of the land upon which the subject activity is proposed;
(3) 
The area or lineal feet of wetland and/or watercourse to be disturbed or altered;
(4) 
The purpose and a description of the proposed activity and proposed erosion and sedimentation controls and other management practices or 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 (1) prevent or minimize pollution or other environmental damage, (2) maintain or enhance existing environmental quality, or (3) in the following order of priority: restore, enhance and create productive wetland or watercourse resources;
(5) 
Alternatives considered and subsequently rejected by the applicant and why the alternative as set forth in the application was chosen; all such alternatives shall be diagrammed on a site plan or drawing;
(6) 
A site plan at a scale of 1" = 20' to 1" = 100', or other scale as appropriate considering the proposal, showing the proposed activity and 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, including clearing limits associated with the project;
(7) 
The plan shall show, by flag number, the delineated boundaries of field-delineated wetlands and watercourses which shall be certified by a soil scientist on the plan; any revisions to the plan shall require new certification by a soil scientist on the plan; if at any time during the course of reviewing an application the Commission or its agent is unable to determine the delineation of wetlands or watercourses in the field, the Commission may require re-flagging of all or part of the parcel;
(8) 
Authorization for the members and agents of the Commission to inspect the subject land, at reasonable times, both before and after a final decision has been issued;
(9) 
Any other information the Commission deems necessary to the understanding of what the applicant is proposing; and
(10) 
Submission of the appropriate filing fee based on the fee schedule established in § 211-19 of these regulations.
F. 
If the proposed activity involves a significant impact activity as determined by the Commission, additional information, based on the nature and anticipated effects of the activity, including but not limited to the following, is required:
(1) 
Site plans for the proposed activity and the land which will be affected thereby 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 and the proposed activity, prepared by a professional engineer, land surveyor, architect or landscape architect licensed by the state, or by such other qualified person;
(2) 
Engineering reports and analyses and additional drawings to fully describe the proposed activity including any filling, excavation, drainage or hydraulic modifications to watercourses and the proposed erosion and sedimentation control plan;
(3) 
Mapping of soil types consistent with the categories established by the National Cooperative Soil Survey of the U.S. Natural Resources Conservation Service; the wetlands shall be delineated in the field by a soil scientist and the soil scientist's field delineation shall be depicted on the site plans;
(4) 
A description of the ecological communities and functions of the wetlands or watercourses involved with the application and the effects of the proposed activity on these communities and wetland functions;
(5) 
A 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) 
Analysis of chemical or physical characteristics of any fill material; and
(7) 
Management practices and other measures designed to mitigate the impact of the proposed activity.
G. 
The applicant shall certify whether:
(1) 
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) 
Traffic attributable to the completed project on the site will use streets within the adjoining municipality to enter or exit the site;
(3) 
Sewer or water drainage from the project site will flow through and impact the sewage or drainage system within the adjoining municipality; or
(4) 
Water run-off from the improved site will impact streets or other municipal or private property within the adjoining municipality.
H. 
Two copies of all application materials shall be submitted to comprise a complete application unless an applicant is otherwise directed, in writing, by the Commission.
I. 
Any application to renew or amend an existing permit shall be filed with the Commission in accordance with § 211-8 of these regulations at least 65 days prior to the expiration date of the permit. Any application to renew or amend such an existing permit shall contain the information required under § 211-7 of these regulations provided:
(1) 
The application may incorporate the documentation and record of the prior application;
(2) 
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) 
The application shall state the reason why the authorized activity was not initiated or completed within the time specified in the permit;
(4) 
The application shall describe any changes in facts or circumstances involved with or affecting wetlands or watercourses or use of the land for which the permit was issued;
(5) 
The Commission may, prior to the expiration of a permit, accept an untimely application to renew such 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 renewed and the public interest or environment will be best served by not interrupting the activity;
J. 
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 10 years.
A. 
All petitions, application, requests or appeals shall be submitted to the Conservation Commission of the Town of Somers.
B. 
When an application to conduct or cause to be conducted a regulated activity upon an inland wetland or watercourse is filed and any portion of such wetland or watercourse is within 500 feet of the boundary of another municipality, the applicant shall give written notice of the application by certified mail, return receipt requested, on the same day to the Inland Wetlands Commission of such other municipality.
C. 
The Agency shall, in accordance with Connecticut General Statutes Sections 8-7(f) and 22a-42b, notify the Clerk of any adjoining municipality of the pendency of any application, petition, appeal, request or plan concerning any project on any site in which:
(1) 
Any portion of the property affected by a decision of the agency is within 500 feet of the boundary of the adjoining municipality;
(2) 
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) 
A significant portion of the sewer or water drainage from the project on the site will flow through and significantly impact the drainage or sewerage system within the adjoining municipality; or
(4) 
Water runoff from the improved site will impact streets or other municipal or private property within the adjoining municipality.
Such notice shall be made by certified mail, return receipt requested, and shall be mailed within seven days of the date of receipt of the application, petition, appeal, request or plan.
D. 
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 16-1 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 Commission 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. Documentation of such notice shall be provided to the Commission.
E. 
The date of receipt of a petition, application, request or appeal shall be the day of the next regularly scheduled meeting of the agency, immediately following the day of submission to such agency or its agent of such petition, application, request or appeal or 35 days after such submission, whichever is sooner.
F. 
At any time during the review period, the applicant shall provide such additional information as the Commission may reasonably require. Requests for such additional information shall not stay the time limitations as set forth in § 211-11B of these regulations.
G. 
All applications shall be open for public inspection at the Town of Somers Land Use Office.
H. 
Incomplete applications may be denied.
A. 
The inland wetlands agency shall not hold a public hearing on an application unless the inland wetlands agency determines that the proposed activity may have a significant impact on wetlands or watercourses, 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 agency not later than 14 days after the date of the receipt of such application, or the agency finds that a public hearing regarding such application would be in the public interest. The agency may issue a permit without a public hearing, provided no petition provided for in this section is filed with the agency on or before the fourteenth day after the date of receipt of the application. Such hearing shall be held no later than 65 days after the receipt of such application. All applications and maps and documents relating thereto shall be open for public inspection. At such hearing any person or persons may appear and be heard and may be represented by agent or by attorney.
B. 
Notice of the public hearing shall be published at least twice at intervals of not less than two days, the first not more than 15 days and not fewer than 10 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. 
The Agency shall send notice of the commencement of the public hearing to the applicant by certified mail, return receipt requested, at least 14 days prior to the day of the hearing.
D. 
In the case of any application which is subject to the notification provisions of § 211-8C 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. 
The applicant shall send by certified mail, return receipt requested, a notice describing the location of the property under application and the date and time of the commencement of the public hearing to all current owners of record of abutting property not less than seven days prior to commencement of the public hearing. The applicant shall submit copies of all returned receipts to the Commission. One sign, provided by the Commission, per every 200 feet or part thereof of road frontage will be clearly posted for the 10 consecutive days prior to the public hearing date. Once the public hearing has closed, the applicant shall have five days to remove the signs.
A. 
The Commission may consider the following in making its decision on an application:
(1) 
The application and its supporting documentation.
(2) 
Public comments, evidence and testimony.
(3) 
Reports from other agencies and commissions, including but not limited to the Town of Somers:
Building Official
Engineering Consultant
Health Officer or State Department of Health
Planner
Planning Commission
Public Works
Water Pollution Control Authority
Zoning Board of Appeals
Zoning Commission
Zoning Enforcement Officer
Erosion Control/Wetlands Control Officer
(4) 
The Commission may also consider comments on any application from the North Central Conservation District, the Capitol Region Council of Governments or other regional organizations (i.e., Council of Elected Officials); agencies in adjacent municipalities which may be affected by the proposed activity, or other technical agencies or organizations which may undertake additional studies or investigations.
(5) 
Non-receipt of comments from agencies and commissions listed in Subsection A(3) and (4) above within the prescribed time shall neither delay nor prejudice the decision of the Commission.
B. 
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) 
The environmental impact of the proposed regulated activity on wetlands or watercourses;
(2) 
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;
(3) 
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) 
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 (1) prevent or minimize pollution or other environmental damage, (2) maintain or enhance existing environmental quality, or (3) in the following order of priority: restore, enhance and create productive wetland or watercourse resources;
(5) 
The character and degree of injury to, or interference with, safety, health or the reasonable use of property which is caused or threatened by the proposed regulated activity; and
(6) 
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. 
In the case of an application 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 therefor shall be stated on the record in writing.
D. 
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. 
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 Commission 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 policies of these regulations and Sections 22a-36 to 22a-45, inclusive, of the Connecticut General Statutes.
F. 
For the purposes of this section, (1) "wetlands or watercourses" includes aquatic, plant or animal life and habitats in wetlands or watercourses, and (2) "habitats" means areas or environments in which an organism or biological population normally lives or occurs.
G. 
The Conservation Commission shall not deny or condition an application for a regulated activity in an area outside wetlands or watercourses on the basis of an impact or effect on aquatic, plant, or animal life unless such activity will likely impact or affect the physical characteristics of such wetlands or watercourses.
A. 
The Commission, or its duly authorized agent acting pursuant to § 211-12 of these regulations, may, in accordance with § 211-10 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. 
No later than 65 days after receipt of an application, the Agency 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 subdivision, 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 Agency to act within any time period specified in this subdivision, or any extension thereof, shall not be deemed to constitute approval of the application. An application deemed incomplete by the Agency shall be withdrawn by the applicant or denied by the Agency.
C. 
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 § 211-10 of these regulations, incorporate a statement relative to the consideration of feasible and prudent alternatives.
D. 
The Commission shall notify the applicant and any person entitled to such notice 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 watercourse 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 thereafter.
E. 
If an activity authorized by an inland wetland permit also involves an activity which requires a zoning or subdivision approval, special zoning permit, or variance or special exception, under Section 8-3(g), 8-3c, or 8-26 of the Connecticut General Statutes, the Commission shall file a copy of the decision and report on the application with the Town of Somers Planning, Zoning, or Planning and Zoning Commission within 15 days of the date of the decision thereon.
F. 
Any permit issued by the Commission for the development of land for which an approval is required under Section 8-3, 8-25 or 8-26 of the Connecticut General Statutes 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 by the Commission for any other activity shall be valid for not less than two years and not more than five years.
G. 
No permit issued by the Commission shall be assigned or transferred without the written permission of the Commission.
H. 
If a bond or insurance is required in accordance with § 211-13 of these regulations, the Commission may withhold issuing the permit until such bond or insurance is provided.
I. 
General provisions in the issuance of all permits:
(1) 
The Commission has relied in whole or in part on information provided by the applicant and if such information subsequently proves to be false, deceptive, incomplete or inaccurate, the permit may be modified, suspended or revoked.
(2) 
All permits issued by the Commission are subject to and do not derogate any present or future rights or powers of the Commission or the Town of Somers, 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 subject land or activity.
(3) 
If the activity authorized by the Commission's permit also involves an activity which requires zoning or subdivision approval, special permit, variance or special exception under Section 8.3(g), 8-3c, or 8-26 of the Connecticut General Statutes, no work pursuant to the wetland permit may begin until such approval is obtained.
(4) 
In constructing the authorized activities, the permittee shall implement such management practices consistent with the terms and conditions of the permit as needed to control storm water discharges and to prevent erosion and sedimentation and to otherwise prevent pollution of wetlands and watercourses.
(5) 
Permits are not transferable without the prior written consent of the Commission.
A. 
The Commission may delegate to its duly authorized agent the authority to approve or extend an activity 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 Connecticut General Statutes. Requests for such approval shall be made on a form provided by the Commission and shall contain the information listed under § 211-5E of these regulations and any other information the Commission may reasonably require. Notwithstanding the provisions for receipt and processing applications prescribed in §§ 211-8, 211-9 and 211-11 of these regulations, such agent may approve or extend such an activity at any time.
B. 
Activities eligible for approval under this section are limited to the following: aboveground swimming pools; decks, gazebos, garages, sheds, barns, and other appurtenant structures of less than 500 square feet and at least 25 feet from the boundary of any wetland or watercourse.
C. 
Any person receiving such approval from such agent shall, within 10 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 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 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 § 211-7 of these regulations.
A. 
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. 
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.
A. 
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 § 211-10B of these regulations.
B. 
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. 
If the Commission or its designated agent finds that any person is conducting or maintaining any activity, facility or condition which is in violation of the Act or these regulations, the Commission or its duly authorized agent may:
(1) 
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 subsection shall not delay or bar an action pursuant to Section 22a-44(b) of the Connecticut General Statutes, as amended.
(2) 
Suspend or revoke a permit if it finds that the permittee 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 or suspending 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. The Commission shall hold a hearing to provide the permittee 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) 
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 at the next regularly scheduled meeting of the Commission to discuss the unauthorized activity, and/or provide a written reply to the notice or file an 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 C(1) or other enforcement proceedings as provided by law.
A. 
These regulations and the Inland Wetlands and Watercourses Map for the Town of Somers may be amended, from time to time, by the Commission in accordance with changes in the Connecticut General Statutes or regulations of the Connecticut Department of Environmental Protection, or as new information regarding soils and inland wetlands and watercourses becomes available.
B. 
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 after the date of such receipt and any appeal from the decision of such Commission with respect to such application shall not be dismissed by the Superior Court on the grounds that such a change has taken effect on or after the date of such receipt. The provisions of this section shall not be construed to apply (1) to the establishment, amendment or change of boundaries of inland wetlands or watercourses or (2) 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. 
These regulations and the Town of Somers 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 35 days before the public hearing on their adoption.
D. 
Petitions requesting changes or amendments to the "Inland Wetlands and Watercourses Map, Somers, Connecticut," shall contain at least the following information:
(1) 
The petitioner's name, mailing address and telephone number;
(2) 
The address, or location, of the land affected by the petition;
(3) 
The petitioner's interest in the land affected by the petition;
(4) 
Map(s) showing the geographic location of the land affected by the petition and the existing and the proposed wetland(s) and watercourse(s) boundaries on such land in accurate detail together with the documentation supporting such proposed boundary locations; and
(5) 
The reasons for the requested action.
E. 
Any person who submits a petition to amend the Inland Wetlands and Watercourses Map for Somers, 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 if such person is representing the interests of such an owner, developer or purchaser, in addition to the information required in Subsection D, the petition shall include:
(1) 
The name, mailing address and telephone number of the owner(s) of such land and owner(s) agent or other representative;
(2) 
The names and mailing addresses of the owners of abutting land;
(3) 
Documentation by a soil scientist of the distribution of wetland soils on said land. Such documentation shall at a minimum include the report of the soil scientist documenting the location of wetland soils on the land and a map of said land indicating the flag locations set by the soil scientist and defining the boundaries of wetland soil types; and
(4) 
Map(s) showing any proposed development of the land in relation to existing and proposed wetland and watercourse boundaries.
F. 
Watercourses shall be delineated by a soil scientist, geologist, ecologist or other qualified individual.
G. 
A public hearing shall be held on petitions to amend the regulations and the Inland Wetlands and Watercourses 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.
H. 
The Agency shall hold a public hearing on a petition to amend the regulations and the Inland Wetlands and Watercourses Map within 65 days after receipt of such petition. The hearing shall be completed within 35 days after commencement. The Agency shall act upon the changes requested in such petition within 65 days after completion of such hearing. At such hearing, any person or persons may appear and be heard and may be represented by agent or attorney. The petitioner may consent to one or more extensions of any period specified in this 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 the petition.
I. 
The Commission shall make its decision and state, in writing, the reasons why the change in the Inland Wetlands and Watercourses Map was made.
A. 
Appeal on actions of the Commission shall be made in accordance with the provisions of Section 22a-43 of the Connecticut General Statutes, as amended.
B. 
Notice of such appeal shall be served upon the Commission and the Commissioner of Environmental Protection.
A. 
If there is a conflict among 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, subdivision or provision of these regulations shall not affect the validity of any other part which can be given effect without such invalid part or parts.
B. 
If there is a conflict between the provisions of these regulations and the provisions of the Act, the provisions of the Act shall govern.
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 Somers, the State of Connecticut or 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. 
Method of payment. All fees required by these regulations shall be submitted to the Commission by certified check or money order payable to the Town of Somers at the time the application is filed with the Commission.
B. 
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 Subsection G of these regulations.
C. 
The application fee is not refundable.
D. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
RESIDENTIAL USES
Activities carried out on property developed for permanent housing or being developed to be occupied by permanent housing.
COMMERCIAL USES
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.
OTHER USES
Activities other than residential uses or commercial uses.
E. 
Application fees for these regulations shall be based on the following fee schedule:
(1) 
Permitted and nonregulated uses (§ 211-4):
(a) 
Permitted uses as of right (§ 211-4A): no fee.
(2) 
Regulated uses (§ 211-6):
(a) 
Residential: $180.
(b) 
Subdivisions: $180.
(c) 
Plus: $45/lot.
(3) 
Commercial uses: $180.
(4) 
All other uses: $180.
(5) 
Significant activity fee (§ 211-2 definition of "significant impact activity" and § 211-7E): $350.
(6) 
Modification of previous approval (§§ 211-7H and 211-11K): $45. (There shall be no fee for correcting typographical errors.)
(7) 
Permit renewal or extension (§ 211-11H): $45.
F. 
Exemption. Boards, commissions, councils and departments of the Town of Somers are exempt from all fee requirements.
G. 
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.
(1) 
The Commission may waive all or part of the application fee if the Commission determines that:
(a) 
The activity applied for would clearly result in a substantial public benefit to the environment or to the public health and safety and the applicant would reasonably be deterred from initiating the activity solely or primarily as a result of the amount of the application fee; or
(b) 
The amount of the application fee is clearly excessive in relation to the cost to the Town for reviewing and processing the application.
(2) 
The Commission shall state upon its record the basis for all actions under this subsection.
A. 
The Commission and the Town Clerk for the Town of Somers 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. 
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 (including supporting materials)
10 years
-
Decision letters
10 years
Permanent
Approved site plans
10 years
 — 
Legal notices
10 years
Permanent
Staff and public written testimony (hearing records)
10 years
 — 
Minutes of meetings and public hearings
15 years
Permanent
Tapes, audio-inland wetland matters
4 years
 — 
Notices of violation and orders
10 years
 — 
Text of changes adopted in regulations
Continuous update/ permanent
 — 
General correspondence issued or received
5 years
 — 
These regulations are effective upon filing in the Office of the Town Clerk and publication of a notice of such filing in a newspaper having general circulation in the Town of Somers.