[HISTORY: Adopted by the Conservation Commission of the Town
of Weston effective 3-16-2011. Amendments noted where applicable.]
GENERAL REFERENCES
Conservation Commission — See
Charter §§ 8.2 and 8.6(b).
Citations — See Ch. 39.
South Western Regional Planning Agency — See Ch. 167.
Aquifer protection area regulations — See Ch. 207.
Floodplain management regulations — See Ch. 212.
Subdivision regulations — See Ch. 230.
Zoning regulations — See Ch. 240.
A.
Findings and purpose.
(1)
The
wetlands and watercourses of the Town of Weston are indispensable,
irreplaceable and fragile natural resources with which the citizens
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 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 Weston and has and will continue
to imperil the quality of the environment, thus adversely affecting
the ecological, scenic, historic and recreational values and benefits
for the citizens of Weston 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 Weston.
(2)
It
is, therefore, the purpose of these regulations to protect the citizens
of Weston by making provisions for the protection, preservation, and
maintenance and use of the 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
other local authority; preventing damage from erosion, turbidity or
siltation; preventing loss of fish and other 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 potable freshwater 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 Weston and
the use of its land with the need to protect its environment and ecology
in order to forever guarantee to the people of Weston 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 Weston."
C.
The Conservation Commission of Weston (the Commission) was established
in accordance with an ordinance adopted February 15, 1973, and shall
implement the purposes and provisions of the Inland Wetland and Watercourses
Regulations of the Town of Weston.
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 all provisions of the Inland Wetlands
and Watercourse Regulations and shall grant, grant with terms, conditions,
limitations or modifications, and deny permits for all regulated activities
on inland wetlands and watercourses in the Town of Weston pursuant
to §§ 22a-36 to 22a-45, inclusive, of the Connecticut
General Statutes, as amended.
As used in this chapter, the following terms shall have the
meanings indicated:
The Inland Wetlands and Watercourses Act, §§ 22a-36
through 22a-45 of the Connecticut General Statutes, as amended.
With respect to the Commission means a Town employee working
for the Commission. "Duly authorized agent" means an individual designated
by the Commission to carry out its functions and purposes, and with
respect to the applicant means any person authorized in writing to
act in the applicant's behalf.
A water-bearing stratum of permeable rock, sand, or gravel.
Waterways distinguished by evergreen trees and shrubs underlain
by peat deposits, poor drainage, and highly acidic conditions.
An undisturbed natural area or a planted area adjacent to
the edge of a wetland and/or a watercourse.
The cutting or the harvest of timber in a fashion which removes
all trees down to a two-inch diameter at breast height.
The Conservation Commission of the Town of Weston.
The Commissioner of the State of Connecticut Department of
Energy and Environmental Protection.
A member, or the designated alternate, of the Conservation
Commission of the Town of Weston.
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.
Emission of any water, substance, or material into waters
of the state, wetlands or watercourses, whether or not such substance
causes pollution.
The activity may significantly alter the inland wetlands
and watercourses by reason of removal or deposition of material, clear-cutting,
or alteration or obstruction of water flow or may result in the pollution
of the wetland or watercourse.
The activity proposed is necessary and indispensable to sustain
farming activities on the farm.
Shall be consistent with the definition as noted in § 1-1(q) of the Connecticut General Statutes, as amended.
Able to be constructed or implemented consistent with sound
engineering principles.
The tilling of the soil, planting, cultivating and harvesting
of vegetables, fruits and/or flowers.
The whole or any part of any permit, certificate of approval
or similar form of permission which may be required of any person
by the provisions of these regulations under the authority of the
Commission.
The line designating the separation between the nondisturbance
area that may be required by the Commission and areas of disturbance.
A practice, procedure, activity, structure or facility designed
to prevent or minimize pollution or 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; design
and construction of drainage systems to prevent post-construction
disturbances or changes to wetlands or watercourses; and procedures
for maintaining continuous stream flows confining construction that
must take place in watercourses at times when water flows are low
and fish and wildlife will not be adversely affected.
Areas with soils that exhibit aquic moisture regimes that
are distinguished by the absence of trees and shrubs and are dominated
by soft-stemmed herbaceous plants. The water table in marshes is at
or above the surface throughout the year, but seasonal fluctuations
are encountered and areas of open water six inches or more in depth
are common.
Any substance, solid or liquid, organic or inorganic, including
but not limited to soil, sediment, aggregate, land, gravel, clay,
bog, mud, debris, sand, refuse or waste.
A regulated activity that occurs within the regulated area,
but not in a wetland or watercourse, and has no more than minimal
impact on any wetland or watercourse as determined by the agent's
objective review based on scientific and technical facts.
The Town of Weston, Fairfield County, Connecticut.
The portion of a property to be left in its existing natural
state where no clearing, grubbing, tilling, filling, cultivation,
excavation, construction, or other activities that change existing
natural conditions take place.
Places where plants are grown for sale, transplanting, or
experimentation.
See "license."
The person to whom a license has been granted.
Any person, firm, partnership, association, corporation,
limited liability company, 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 Weston 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 benefits
to be derived from the proposed regulated activity to the landowner,
provided that cost may be considered in deciding what is prudent and
further provided that 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 § 215-4 of these regulations. Furthermore, any clearing, grubbing, filling, grading, paving, excavating, constructing, depositing or removing of material and discharging of stormwater on the land within 100 feet (measured horizontally from the boundary) of any wetland or watercourse and any other activity located within such upland review area or in any other nonwetland or nonwatercourse area that is likely to impact or affect wetlands or watercourses is a regulated activity.
Any wetland or watercourse and upland review area as defined
in these regulations.
Includes, but shall not be limited to, drain, excavate, mine,
dig, dredge, suck, grub, stump, bulldoze, dragline or blast.
Any alteration of the physical, chemical or biological properties
of any waters of Weston, 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 impact on the area for
which an application has been filed or on another part of the inland
wetland or watercourse system:
Any activity involving deposition or removal of material which
will or may have a substantial effect on the regulated area or on
another part of the wetland or watercourse system or on wetlands or
watercourses outside the area for which activity is proposed.
Any activity which substantially changes the natural channel
or may inhibit the natural dynamics of a watercourse system.
Any activity which diminishes the natural capacity of a wetland
or watercourse to support aquatic plant or animal life and habitats,
desirable fisheries, wildlife, or other biological life, prevent flooding,
supply water, assimilate waste, facilitate drainage, provide recreation
or open space, or other functions.
Any activity which is likely to cause or which has the potential
to cause 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 wetland or watercourse.
Any activity which causes or has the potential to cause pollution
of a wetland or watercourse.
Any activity that damages or destroys unique wetland or watercourse
areas or such areas having demonstrable scientific or educational
value.
Any activity which creates conditions which may adversely affect
the health, welfare, and safety of any individual or the community.
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.
Watercourses that are distinguished by the dominance of wetland
trees and shrubs.
The Town of Weston, Fairfield County, in the State of Connecticut.
An area within 100 feet of any wetlands or watercourse or
a further distance if the proposed activity is likely to impact or
affect the regulated area.
Consists of a confined basin depression which contains a
small body of standing water, usually drying out for part of the year
during warm weather. It can be natural or man-made, and lacks a permanent
outlet stream or any fish population. Further, the occurrence of one
or more of the obligatory species which include the fairy shrimp,
spotted salamander, jefferson salamander, marbled salamander, wood
frog and eastern spadefoot toad is necessary to conclusively define
the vernal pool.
Sewage (natural or man-made) or any substance, liquid, gaseous,
or solid, or any radioactive material which pollutes or tends to pollute
any of the regulated areas.
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 §§ 22a-28 through 22a-35, inclusive, of
the Connecticut General Statutes, as amended. Intermittent watercourses
shall be delineated by a defined permanent channel and bank and the
occurrence of two or more of the following characteristics:
The Town of Weston, Connecticut.
Land, including submerged land as defined in this section,
not regulated pursuant to §§ 22a-28 through 22a-35,
inclusive, of the Connecticut General Statutes, as amended, which
consists of any of the soil types designated as poorly drained, very
poorly drained, alluvial and floodplain by the National Cooperative
Soil Survey, as it may be amended from time to time, by the Natural
Resources Conservation Service of the United States 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, titled "Designated Inland Wetlands and
Watercourses Map of the Town of Weston," dated September 7, 1976,
current revision, delineates the general location and boundaries of
inland wetlands and the general location of watercourses. Copies of
this map are available for inspection in the office of the Town Clerk
or the Commission. This map shall be considered to be a guide. 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 person or any property owner who disputes the designation of any part of his or her land or adjoining land which impacts on his or her property as a regulated area on the Designated Inland Wetlands and Watercourses Map of the Town of Weston may petition the Commission to change the Wetlands and Watercourses Map or may petition the Commission to change the designation in accordance with § 215-15 of these regulations. All petitions for a map change shall be submitted in writing and shall bear the burden of proof regarding the proposed map change and include all relevant facts and circumstances which support the change. The petitioner shall provide proof that the change is valid. Such proof may include but is not limited to aerial photography, remote sensing imagery, resource mapping, or other available information. The Commission may require such person to provide an accurate delineation of regulated areas in accordance with § 215-15 of these regulations.
C.
The Commission or its agent(s) shall inventory and maintain current
records of all regulated areas within the Town. The Commission may
amend its map from time to time as information becomes available relative
to more accurate delineation of wetlands and watercourses within the
Town.
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 Energy and Environmental Protection for the purposes of wetland
or watercourse restoration or enhancement or mosquito control. The
provisions of this subsection shall not be construed to include road
construction or the erection of buildings not directly related to
the farming operation, relocation of watercourses for continual flow,
filling or reclamation of wetlands or watercourses with continual
flow, clear-cutting of timber except for the expansion of agricultural
cropland, or the mining of topsoil, peat, sand, gravel or similar
material from wetlands or watercourses for the purposes of sale;
(2)
A residential home for which a building permit has been issued or
on a subdivision lot, provided that the permit has been issued or
the subdivision has been approved by the Planning and Zoning Commission
as of the effective date of promulgation of the municipal regulations
pursuant to Subsection (b) of § 22a-42a of the Connecticut
General Statutes or as of July 1, 1974, whichever is earlier, and
further provided that no residential home shall be permitted as of
right pursuant to this subsection unless the building permit was obtained
on or before July 1, 1987. The individual claiming a use of a wetland
permitted as of right under this subsection, or desiring to use a
wetland not of right, shall document the validity 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 entitlement;
(3)
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 anywhere in the municipality and containing
a residence. Such incidental uses shall include maintenance of existing
structures and landscaping but shall not include removal or deposition
of 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 § 16-1
of the Connecticut General Statutes, as amended, 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 §§ 22a-401 through
22a-410 of the Connecticut General Statutes, as amended; and
(6)
Maintenance relating to any drainage pipe which existed before the effective date of any municipal regulations adopted pursuant to § 22a-42a of the Connecticut General Statutes or July 1, 1974, whichever is earlier, provided that such pipe is on property which is zoned as residential but which does not contain hydrophytic vegetation. For purposes of this Subsection A(6), "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/or uses shall be permitted as nonregulated
uses in wetlands or watercourses, provided that 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.
(2)
Outdoor recreation, including the use of play and sporting areas,
golf courses, field trails, nature study, hiking, horseback riding,
swimming, skin and scuba diving, camping, boating, water-skiing, trapping,
hunting, fishing and shellfishing and cross-country skiing where otherwise
legally permitted and regulated.
C.
All activities in wetlands or watercourses involving filling, excavating, dredging, clear-cutting, 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 § 215-7 of these regulations or, for certain regulated activities located outside of wetlands and watercourses, from the Commission's duly authorized agent in accordance with § 215-12 of these regulations.
D.
To carry out the purposes of this section, any person proposing to
carry out a permitted or nonregulated operation and use shall, prior
to commencement of such operation or use, notify the Commission on
an application form provided by it and provide the Commission with
sufficient information to enable it to properly determine that the
proposed operation or use is a permitted or nonregulated use of the
wetland or watercourse. The Commission shall rule that the proposed
operation or use, or portion of it, is a permitted or a nonregulated
use or operation or that the proposed operation or use is a regulated
activity and that a permit is required.
E.
Such ruling shall be in writing and shall be made no later than 15
days after the next regularly scheduled meeting of the Commission
following the meeting at which the application was accepted as complete.
Initiation of the permitted use or operation shall be within one year,
and any ruling pursuant to this section shall expire one year from
date of issue unless otherwise extended by the Commission.
The Commissioner of Energy and Environmental Protection shall
have exclusive jurisdiction over:
A.
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 § 22a-39 or 22a-45a of the Connecticut General Statutes,
as amended.
B.
Tidal wetlands designated and regulated pursuant to §§ 22a-28
through 22a-35 of the Connecticut General Statutes, as amended.
C.
Activities authorized under a dam repair or removal order issued
by the Commissioner of Energy and Environmental Protection under § 22a-402
of the Connecticut General Statutes, as amended, or a permit issued
by the Commissioner of Energy and Environmental Protection under § 22a-403
of the Connecticut General Statutes, as amended. Any person receiving
such dam repair or removal order or permit shall not be required to
obtain a permit from the Commission for any action necessary to comply
with said dam order or to carry out the activities authorized by said
permit.
D.
The 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.
A.
No person shall conduct or maintain a regulated activity without
first obtaining a permit for such activity from the Commission.
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 § 215-14 of these regulations and any other remedies as provided by law.
A.
Any person wishing to undertake a regulated activity shall apply for a permit on a form titled "Application for Permission To Conduct a Regulated Activity within an Inland Wetland or Watercourse Area in the Town of Weston." An application shall include an application form and such information as prescribed by Subsection C and, in the case of a significant activity, by Subsection D of this section. Application forms may be obtained in the office of the Weston Conservation Commission.
B.
If an application to the Town of Weston Planning and Zoning Commission
for subdivision or resubdivision of land involves land containing
a wetland or watercourse, the applicant shall, in accordance with
§ 8-3(g), 8-3c or 8-26, as applicable, of the Connecticut
General Statutes, as amended, submit an application for a permit to
the Commission in accordance with this section no later than the day
the application is filed with such Planning and Zoning Commission.
C.
All applications shall contain such information in writing or on
maps or drawings that is necessary for a fair and informed determination
of the issues, including the following:
(1)
The applicant's name, home and business address, mailing address,
and telephone numbers. If the applicant is a corporation or partnership,
the managing member or responsible corporate officer's name,
address, and telephone numbers.
(2)
The owner's name, address and telephone number and written consent
if the applicant is not the owner of the land involved in the application.
(3)
Applicant's interest in the land.
(4)
The geographical location of the land which is to be affected by
the proposed activity, including but not limited to a description
of the land in sufficient detail to allow identification of the inland
wetlands and watercourses, a computation of the area(s) (in acres
or square feet) of wetland or watercourse disturbance, soil type(s)
and wetland vegetation.
(5)
The purpose and a description of the proposed activity and proposed
erosion and sedimentation controls and other management practices
and mitigation measures which may be considered as a condition of
issuing a permit for the proposed regulated activity, including but
not limited to measures to prevent or minimize pollution or other
environmental damage, maintain or enhance existing environmental quality,
or, in the following order of priority, restore, enhance and create
productive wetland or watercourse resources.
(6)
Alternatives which would cause less or no environmental impact to
wetlands or watercourses considered by the applicant as well as why
the proposal to alter wetlands set forth in the application was chosen.
If required by the Commission, such alternatives shall be diagrammed
on a site plan or drawing.
(7)
A site plan 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.
(8)
Names and addresses of all adjacent landowners.
(9)
Statement by the applicant that the applicant is familiar with all
the information provided in the application and is aware of the penalties
for obtaining a permit through deception or through inaccurate or
misleading information.
(10)
Authorization for the members and agents of the Commission to
inspect the land, at reasonable times, during the pendency of an application
and for the life of the permit.
(11)
Any other information the Commission deems necessary to the
understanding of what the applicant is proposing.
(12)
Payment of the appropriate filing fee based on the fee schedule
in effect at the time of the submission of the application.
(13)
Applications involving the installation of a new septic system
will be accompanied by percolation test results.
(14)
A completed Department of Energy and Environmental Protection
reporting form. The Commission shall revise and correct the information
provided by the applicant and submit the form to the Commissioner
of Energy and Environmental Protection in accordance with § 22a-39-14
of the Regulations of Connecticut State Agencies.
D.
If the proposed activity involves a significant activity as determined by the Commission and defined in § 215-2 of these regulations, additional information, based on the nature and anticipated effects of the activity, including but not limited to the following, may be required:
(1)
Site plans for the proposed use or operation of the land which will
be affected, which show existing and proposed conditions, wetland
and watercourse boundaries, land contours, boundaries of land ownership,
proposed alterations and uses of wetlands and watercourses, and other
pertinent features of the land and the proposed activity, prepared
by a licensed surveyor, professional engineer or architect registered
in the State of Connecticut or by such other qualified person acceptable
to the Commission.
(2)
Engineering reports and analyses and additional drawings to fully
describe the proposed project and any filling, excavation, drainage
or hydraulic modifications to watercourses and the proposed erosion
and sedimentation control plan.
(3)
Mapping of soil types consistent with categories established by the
National Cooperative Soil Survey of the Natural Resources Conservation
Service (the Commission may require the applicant to have the wetlands
delineated in the field by a soil scientist and that the field delineation
be incorporated onto the plans).
(4)
Description of the ecological communities and functions of the wetlands
or watercourses involved with the application and the effects of the
proposed regulated activities on these communities and wetland functions.
(5)
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 with each alternative, a description
of why each alternative considered was deemed neither feasible nor
prudent.
(6)
Analysis of chemical or physical characteristics of any fill material.
(7)
Measures such as sedimentation and erosion control plans which mitigate
the impact of the proposed activity. Such measures include, but are
not limited to, plans or actions which avoid destruction or diminution
of wetland or watercourse functions, recreational uses and natural
habitats; which prevent flooding, degradation of water quality, erosion
and sedimentation and obstruction of drainage; or which otherwise
safeguard water resources.
(8)
Analysis of the downgradient and downstream impact of the proposed
activity.
E.
The applicant shall certify in the application 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)
Sewer (septic systems) or water drainage from the project site will
flow through and impact the sewage or drainage system within the adjoining
municipality;
(3)
Water runoff from the improved site will impact streets or other
municipal or private property within the adjoining municipality; or
(4)
Traffic attributable to the completed project on the site will use
streets within the adjoining municipality to enter and exit the site.
F.
Four copies of all application materials shall be submitted to comprise
a complete application or as is otherwise directed, in writing, by
the Commission.
G.
Any application to extend the expiration date of a previously issued permit or amend an existing permit shall be submitted to the Commission at least 65 days prior to the expiration date for the permit in accordance with § 215-11F through H of these regulations. Any application for amendment, renewal or extension shall be made in accordance with this section, provided that:
(1)
The application may incorporate by reference the documentation and
record of the original application.
(2)
The application shall state the reason why the authorized activities
were not initiated or completed within the time specified in the permit.
(3)
The application shall describe any changes in facts or circumstances
involved with or affecting wetlands or watercourses or the use of
the land for which the permit was issued.
(4)
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.
(5)
The Commission may, prior to the expiration of a permit, accept an
untimely application to extend the expiration date of a permit if
the authorized activity is ongoing and to allow the continuation of
the work beyond the expiration date if, in its judgment, the permit
is likely to be extended and the public interest or environment will
be best served by not interrupting the activity.
H.
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
that:
I.
For any permit application involving property subject to a conservation
restriction or preservation restriction, the following shall apply:
(1)
CONSERVATION RESTRICTION
PRESERVATION RESTRICTION
For the purposes of this Subsection I, the following terms shall have the meanings indicated:
Any limitation, whether or not stated in the form of a restriction,
easement, covenant or condition, in any deed, will, or other instrument
executed by or on behalf of the owner of the land described therein,
including but not limited to the state or any political subdivision
of the state, or in any order of taking such land whose purpose is
to retain land or water areas predominantly in their natural, scenic,
or open condition or in agricultural, farming, forest or open space
use.
A limitation, whether or not stated in the form of a restriction,
easement, covenant or condition, in any deed, will, or other instrument
executed by or on behalf of the owner of the land, including but not
limited to the state or any political subdivision of the state, or
in any order of taking such land whose purpose is to preserve historically
significant structures or sites.
(2)
No person shall file a permit application, other than for interior
work in an existing building or for exterior work on an existing building
that does not expand or alter the footprint of such existing building,
relating to property that is subject to a conservation restriction
or a preservation restriction unless the applicant provides proof
that the applicant has provided written notice of such application
by certified mail, return receipt requested, to the party holding
such restriction, including but not limited to any state agency that
holds such restriction, not later than 60 days prior to the filing
of the permit application.
A.
All applications shall be submitted to the Conservation Commission
of the Town of Weston.
B.
In the case of any application where any portion of the wetland or
watercourse on which the regulated activity is proposed is located
within 500 feet of the boundary of Westport, Wilton, Easton, Redding
or Fairfield, the applicant shall give written notice of the proposed
activity by certified mail, return receipt requested, to the adjacent
municipal wetland agency on the same day of filing an inland wetland
permit application with the Commission. Documentation of such notice
shall be provided to the Commission.
C.
Notice to adjoining municipalities.
(1)
The Commission shall, in accordance with Connecticut General Statutes
§ 8-7d(f), as amended, notify the clerk of any adjoining
municipality of the pendency of any application, petition, appeal,
request, or plan concerning any project or site in which:
(a)
Any portion of the property affected by a decision of the Commission
is located within 500 feet of the boundary of an adjoining municipality;
(b)
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;
(c)
A significant portion of the sewer or water drainage from the project
site will flow through and significantly impact the sewage or drainage
systems within the adjoining municipality; or
(d)
Water runoff from the improved site will impact streets or other
municipal or private property within the adjoining municipality.
(2)
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 submitted to conduct or cause to be conducted
a regulated activity upon an inland wetland or watercourse, any portion
of which is within the watershed of a water company as defined in
§ 25-32a of the Connecticut General Statutes, as amended,
the applicant shall provide written notice of the application to the
water company and the Commissioner of Public Health in a format prescribed
by said Commissioner, provided that such water company or said Commissioner
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 agency of such municipality. Such notice shall
be made by certified mail, return receipt requested, and shall be
mailed not later than seven days after the date of the application.
The water company and the Commissioner, 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 acceptance of any petition, application, request or appeal
shall be the day of the next regularly scheduled meeting of the Commission
immediately following the date of submission to the Commission or
its agent or 35 days after such submission, whichever is sooner.
F.
At any time during the review period, the Commission may require the applicant to provide additional information about the regulated area or regulated activity which is the subject of the application or wetlands or watercourses affected by the regulated activity. The Commission shall not exceed the required sixty-five-day time limit in taking action on an application pending the receipt of additional information as set forth in § 215-11B of these regulations. Requests for additional information shall not stay the time limitations set forth in § 215-11B of these regulations.
G.
All applications shall be open for public inspection.
H.
Incomplete applications may be denied.
A.
Determination to hold public hearing.
(1)
The
Commission shall not hold a public hearing on such application unless
the Commission determines that:
(a)
The proposed activity may have a significant impact on wetlands or
watercourses;
(b)
A petition signed by at least 25 persons who are 18 years of age
or older and who reside in Weston requesting a hearing is filed with
the Commission not later than 14 days after the date of receipt of
such application; or
(c)
The Commission finds that a public hearing regarding such application
would be in the public interest.
(2)
The
Commission may issue a permit without a public hearing provided that
no petition provided for in this section is filed with the Commission
on or before the 14th day after the date of receipt of the application.
(3)
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. Any person may appear and be
heard at any such public meeting.
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 less 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.
Notice of the public hearing shall be mailed by certificate of mailing by the applicant to the owner(s) of record of the land that is adjacent to the land that is the subject of the hearing no less than 15 days prior to the day of the hearing. When applicable, notification must also be made to the town clerk of an adjoining municipality and water companies pursuant to § 215-8C and D. Proof of such notification must be entered into the record.
A.
Considerations for decision.
(1)
The
Commission may consider the following in making its decision on an
application:
(a)
The application and its supporting documentation.
(b)
Public comments, evidence and testimony from a public hearing.
(c)
Reports from other agencies and commissions, including but not
limited to the Town of Weston Planning and Zoning Commission, Building
Inspector, appropriate Health Officer of the Town and Town Engineer.
(2)
The
Commission may also consider comments on any application from the
Fairfield County Soil and Water Conservation District, the South Western
Regional Planning Agency 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.
Standards and criteria for decision. In carrying out the purposes
and policies of §§ 22a-36 to 22a-45 of the Connecticut
General Statutes, as amended, 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, including the effects on the inland wetland's
and watercourse's capacity to support fish and wildlife, to prevent
flooding, to supply and protect surface and ground waters, to control
sediment, to facilitate drainage, to control pollution, to support
recreational activities, and to promote public health and safety;
(2)
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 prevent
or minimize pollution or other environmental damage, maintain or enhance
existing environmental quality, or, in the following order of priority,
restore, enhance and create productive wetland or watercourse resources;
such measures include, but are not limited to, actions which avoid
adverse impacts or lessen impacts on wetlands and watercourses and
which could be feasibly carried out by the applicant and would protect
the wetland's or watercourse's natural capacity to support
fish and wildlife, to prevent flooding, to supply and protect surface
and ground waters, to control sedimentation, to prevent erosion, to
assimilate wastes, to facilitate drainage, to control pollution, to
support recreational activities and open space, and to promote public
health and safety;
(5)
The character and degree of injury to, or interference with, safety,
health, or the reasonable use of property, including abutting, downgradient
or upgradient property, which would be caused or threatened by the
proposed activity or the creation of conditions which may do so. This
includes recognition of potential damage from erosion, turbidity,
or siltation; loss of fish and wildlife and their habitat; loss of
unique habitat having demonstrable natural, scientific or educational
value; loss or diminution of beneficial aquatic organisms and wetland
plants; the dangers of flooding and pollution; and the destruction
of the economic, aesthetic, recreational and other public and private
uses and values of wetlands and watercourses to the community; 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 and 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. The finding and the reasons therefor shall be stated on the record in writing.
D.
In the case of an application which is defined 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
that 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 shall not
be considered by the Commission in reaching its decision.
F.
In reaching its decision, the Commission will not take into consideration
any economic hardship which arises or might arise which may impact
on the applicant as a result of his own actions.
G.
The 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.
H.
In the case of an application where the applicant has provided written notice pursuant to § 215-7I(2) of these regulations, the holder of the restriction may provide proof to the Commission that granting of the permit application will violate the terms of the restriction. Upon a finding that the requested land use violates the terms of such restriction, the Commission shall not grant the permit approval.
I.
In the case of an application where the applicant fails to comply with the provisions of § 215-7I(2) or (3) of these regulations:
(1)
The
party holding the conservation or preservation restriction, other
than a state agency that holds such restriction, may, not later than
15 days after receipt of actual notice of permit approval, file an
appeal with the Commission, subject to the rules and regulations of
the Commission relating to appeals. The Commission shall reverse the
permit approval upon a finding that the requested land use violates
the terms of such restriction; or
(2)
The
state agency that holds the restriction may, not later than 30 days
after receipt of actual notice of permit approval, file an appeal
with the Commission, subject to the rules and regulations of the Commission
relating to appeals. The Commission shall immediately reverse such
permit approval if the commissioner of the state agency that holds
such restriction certifies that the land use authorized in such permit
violates the terms of such conservation or preservation restriction.
J.
Nothing in § 215-7I(2) or (3) of these regulations shall be construed to prohibit the filing of a permit application or to require such written notice when the activity that is the subject of such permit application will occur on a portion of property that is not restricted under the terms of such conservation or preservation restriction.
A.
In granting a permit the Commission, or its duly authorized agent,
may grant the application as submitted or grant it upon other terms,
conditions, limitations or modifications of the regulated activity
which are designed to carry out the policy of §§ 22a-36
to 22a-45, inclusive, of the Connecticut General Statutes, as amended,
or deny the application. Such terms may include any reasonable measures
which would mitigate the impacts of the regulated activity and which
would prevent or minimize pollution or other environmental damage,
maintain or enhance existing environmental quality, or, in the following
order of priority, restore, enhance and create productive wetland
or watercourse resources.
B.
No later than 65 days after acceptance of an application, the Commission
may hold a public hearing on such application. The hearing shall be
completed within 35 days of its commencement, and 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 acceptance of the
application. The applicant may consent to one or more extensions of
the periods specified in this subsection for the holding of the hearing
and for action on such application, provided that the total cumulative
extensions of any such periods shall not be for longer than the original
period as specified in this subsection, or may withdraw such application.
The failure of the Commission to act within any time period specified
in this subsection, or any extension thereof, shall not be deemed
to constitute approval of the application. An application deemed incomplete
by the Commission must either be withdrawn by the applicant or denied
by the Commission.
C.
The Commission shall state upon its record the reasons and bases
for its decision.
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
of Weston 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. A copy of all Commission decisions shall be forwarded
to the Commissioner of Energy and Environmental Protection in such
a form as prescribed by the Commissioner.
E.
If an activity authorized by the Commission permit also involves
an activity or project which requires zoning or subdivision approval,
a special zoning permit, variance or special exception, under § 8-3(g),
8-3c or 8-26 of the Connecticut General Statutes, as amended, a copy
of the decision and report on the application shall be filed with
the appropriate board or commission within 15 days of the decision.
F.
If the Commission denies the permit without prejudice, or if it grants
a permit with terms, conditions, limitations or modifications, the
applicant may attempt to modify the proposal to the Commission's
satisfaction. The Commission shall determine whether the proposed
modification requires the filing of a new application. A modified
or corrected application may be denied by the Commission.
G.
If the Commission denies an application, a resubmitted application
may be denied unless the proposal is modified in a fashion that substantially
changes the impacts which resulted in the denial.
H.
Any permit issued by the Commission prior to July 1, 2006, or after
July 1, 2009, for the development of land for which an approval is
required under § 8-3, 8-25 or 8-26 of the Connecticut General
Statutes, as amended, shall be valid for five years, provided that
the Commission may establish a specific time period within which any
regulated activity shall be conducted. Any permit issued by the Commission
prior to July 1, 2006, or after July 1, 2009, for any other activity
shall be valid for not less than two years and not more than five
years. Any permit issued by the Commission during the time period
from July 1, 2006, to July 1, 2009, inclusive, shall expire not less
than six years after the date of such approval.
I.
No permit issued by the Commission shall be assigned or transferred
without the written permission of the Commission. Permits may be transferred,
provided that the party to whom the permit is transferred submits
a notarized letter to the Commission stating that there will be no
changes in the plan. The letter must also state that the party understands
and will comply with all conditions of approval of the original application.
The Commission shall approve all transfers in writing prior to any
transfer occurring.
J.
If a bond or insurance is required in accordance with § 215-13 of these regulations, no permit shall take effect until such bond or insurance is provided.
K.
General provisions in the granting 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 Weston, 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 inland wetland permit also involves
an activity or a project which requires zoning or subdivision approval,
special permit, variance or special exception under § 8-3(g),
8-3c or 8-26 of the Connecticut General Statutes, as amended, 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 stormwater discharges and to prevent
erosion and sedimentation and to otherwise prevent pollution to wetlands
and watercourses.
A.
The Commission may delegate to its 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 that such agent has completed the comprehensive training program developed by the Commissioner pursuant to § 22a-39 of the Connecticut General Statutes, as amended. Requests for a minimal impact administrative permit shall be made on a form provided by the Commission and shall contain the information listed under § 215-7C of these regulations and any other information the Commission may reasonably require. Notwithstanding the provisions for acceptance and processing of applications prescribed in §§ 215-8 and 215-11 of these regulations, such agent may approve or extend such an activity at any time in accordance with the Commission's Minimal Impact Administrative Review Permits (ARP) Policy dated July 2001.
B.
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 that such meeting is no earlier than three business days after receipt 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 § 215-8 of these regulations.
C.
The agent shall reach a decision on all applications no later than
65 days after acceptance of an application.
D.
If the agent fails to act within the prescribed time period, the
application shall be reviewed and a decision rendered by the Commission
at its next regularly scheduled meeting.
A.
Upon approval of the application and prior to granting a permit,
the applicant may be required, at the discretion of the Commission,
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.
C.
The Commission may require the applicant to certify that it has public
liability insurance against liability which might result from the
proposed operation or use of the wetlands or watercourses covering
any and all damage which might occur within two years of completion
of such operations, in an amount to be determined by the Commission
commensurate with the regulated activity.
A.
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 agent shall take into consideration the criteria for decision under § 215-10B 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
with the consent of the property owner or the authorized agent of
the owner during the life of the permit.
C.
In the case in which a permit has not been issued or a permit has
expired, the Commission or its agent may make regular inspections
at reasonable hours with the consent of the property owner or the
authorized agent of the property owner.
D.
If the Commission or its 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 agent may:
(1)
Issue a written order to be either hand delivered or sent 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 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 Town
of Weston. 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 § 22a-44(b) of the
Connecticut General Statutes, as amended.
(2)
Issue a notice of violation to such person conducting such activity or maintaining such facility or condition stating the nature of the violation and 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 a proper application for the necessary permit. Failure to carry out the action(s) directed in a notice of violation may result in issuance of the order provided in Subsection D(1) or other enforcement proceedings as provided by law.
(3)
Record a certificate or notice of a cease and desist order or order
to correct an inland wetland or watercourse violation with the Town
Clerk for recording in the Town's land records. The certificate
or notice will be released upon compliance with the order.
E.
The Commission may 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 compliance with the 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 personal service
or 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.
F.
In accordance with § 22a-42g of the Connecticut General
Statutes, as amended, any person violating any provisions of these
regulations may be subject to fines pursuant to ordinances of the
Town of Weston as may be enacted or amended from time to time.
A.
These regulations and the Designated Inland Wetlands and Watercourses
Map of the Town of Weston dated September 7, 1976, may be amended,
from time to time, by the Commission in accordance with changes in
the Connecticut General Statutes or regulations of the State Department
of Energy and Environmental Protection, as amended, or as new information
regarding soils and inland wetlands and watercourses becomes available.
B.
An application submitted to the Commission which is in conformance
with the applicable inland wetlands regulations as of the date of
the acceptance of such application shall not be required thereafter
to comply with any change in inland wetlands regulations, including
changes to setbacks and buffers, taking effect on or after the date
of such acceptance, 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 acceptance. The provisions of this subsection shall
not be construed to apply to:
C.
These regulations and the Town of Weston Inland Wetlands and Watercourses
Map shall be amended in the manner specified in § 22a-42a
of the Connecticut General Statutes, as amended. The Commission shall
provide the Commissioner of Energy and Environmental Protection with
a copy of any proposed regulations and notice of the public hearing
to consider any proposed regulations or amendment thereto, except
map amendments, at least 35 days before the public hearing on their
adoption.
D.
Petitions requesting changes or amendments to the Designated Inland
Wetlands and Watercourses Map of the Town of Weston shall contain
at least the following information:
(1)
The petitioner's name, address and telephone number.
(2)
The owner's name (if not the petitioner), address, telephone
number, and a written consent to the proposed action set forth in
the application.
(3)
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) boundaries on
such land in accurate detail together with the documentation supporting
such proposed boundary locations.
(5)
The reasons for the requested action.
E.
Any person who submits a petition to amend the Designated Inland Wetlands and Watercourses Map of the Town of Weston, Connecticut, dated September 7, 1976, 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, address and telephone number of the owner(s) of such land
and owner's agent or other representative;
(2)
The names and 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.
Inland wetlands and watercourses shall be delineated by a certified
soil scientist, geologist, ecologist or other qualified individual
acceptable to the Commission.
G.
A public hearing shall be held on petitions to amend the Designated
Inland Wetland and Watercourses Map. Notice of the hearing shall be
published in a newspaper having substantial circulation in the Town
of Weston 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 such hearing. All materials including
maps and documents relating to the petition shall be open for public
inspection and filed in the Town Clerk's office at least 10 days
before the hearing.
H.
The Commission shall hold a public hearing on a petition to amend
the regulations and the Inland Wetlands and Watercourses Map within
65 days after acceptance of such a petition. The public hearing shall
be completed within 35 days after commencement. The Commission shall
act upon the changes requested in such petition within 65 days after
completion of the hearing. At such hearing, any person or persons
may appear and be heard and may be represented by an agency or attorney.
The petitioner may consent to one or more extensions of the periods
specified in this subsection, provided that the total extension of
all such periods shall not be for longer than 65 days, or may withdraw
such petition. The failure of the Commission to act within any time
period specified in this subsection, or any extension thereof, shall
not be deemed to constitute approval of the petition.
I.
The Commission shall make its decision and state, in writing, the
reasons why the change in the Inland Wetland and Watercourses Map
was made.
A.
If there is a conflict between the provisions of these regulations,
the provision which imposes the most stringent standards for the use
of wetlands and watercourses shall govern. The invalidity of any word,
clause, sentence, section, part, subsection or provision of these
regulations shall not affect the validity of any other part which
can be given effect without such valid part or parts.
B.
If there is a conflict between any provision 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 Weston, State of Connecticut
and the government of the United States, including any approval required
by the Connecticut Department of Energy and 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 Weston at the time the application is submitted to
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 F of this section.
C.
The application fee is not refundable.
E.
Exemption. Boards, commissions, councils, and departments of the
Town of Weston are exempt from all fee requirements.
F.
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. The Commission
may waive all or part of the application fee if the Commission determines
that:
(1)
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
(2)
The amount of the application fee is clearly excessive in relation
to the cost to the Town for reviewing and processing the application.
(3)
The applicant has shown good cause.
G.
Support service fee.
(1)
In the event that additional expenses, including but not limited to outside consultants, experts, or legal advisors, are incurred in processing the permit application, the applicant may be assessed an additional fee in accordance with § 70-2, Support service fee, of the Town Code to cover said costs. Said fees are to be estimated by a qualified party or expert and submitted with the application fee and held until the application is completely processed, after which time any residual funds pertaining to this assessment are to be returned to the applicant.
(2)
For the purpose of this assessment, "outside consultant" means a
professional who is not an employee of the Town of Weston, including
but not limited to engineering, environmental, hydrogeology and hazardous
materials management professionals.
H.
The Commission shall state upon its record the basis for all actions
under this section.
These regulations shall become effective upon filing in the
office of the Town Clerk and publication of a notice of such action
in a newspaper having general circulation in the Town of Weston.
A.
The Commission and the Town Clerk for the Town of Weston 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 records retention/disposition schedule for
municipal inland wetlands records, effective February 2005:
|
Minimum Retention
|
Disposition
| ||
|---|---|---|---|
|
Applications (include supporting materials)
|
10 years
|
Destroy
| |
|
Decision letters
|
10 years
|
Destroy
| |
|
Approved site plans
|
10 years
|
Destroy
| |
|
Legal notices
|
1 year
|
Destroy
| |
|
Staff and public written testimony
|
10 years
|
Destroy
| |
|
Minutes of meetings and public hearings
|
Permanent
|
Maintain
| |
|
Tapes, audio - inland wetland matters
|
1 year, unless appeal
1 year after appeal
|
Destroy
| |
|
Notices of violation and orders
|
10 years
|
Destroy
| |
|
Text of changes adopted in regulations
|
Continuous update/permanent
|
Maintain
| |
|
General correspondence issued or received
|
5 years
|
Destroy
|
