[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Editor's Note: These regulations superseded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:
The Inland Wetlands and Watercourses Act, Sections 22a-36
through 22a-45, inclusive, of the Connecticut General Statutes, as
amended.
The boundaries of any cutting, clearing, or grubbing of vegetation
associated with a project to conduct a regulated activity.
The Conservation Commission of the Town of Somers.
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.
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 two-inch diameter at breast height.
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(s) designated by the Conservation 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.
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.
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,
including horses, or other agricultural use.
Able to be constructed or implemented consistent with sound
engineering principles.
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.
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.
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 Somers.
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 imprudent.
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.
Any wetlands or watercourses 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.
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.
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 is likely to cause 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.
Those lands which are inundated by water on a seasonal or
more frequent basis.
Areas with soils that exhibit aquic moisture regimes and
are distinguished by the dominance of wetland trees and shrubs.
The Town of Somers.
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.
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.
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
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.
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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.
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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
| |
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Engineering Consultant
| |
|
Health Officer or State Department of Health
| |
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Planner
| |
|
Planning Commission
| |
|
Public Works
| |
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Water Pollution Control Authority
| |
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Zoning Board of Appeals
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Zoning Commission
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Zoning Enforcement Officer
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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.
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.
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.
RESIDENTIAL USES
COMMERCIAL USES
OTHER USES
Definitions. As used in this section, the following
terms shall have the meanings indicated:
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.
Activities other than residential uses or commercial uses.
E.
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:
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Record Title
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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.
