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 Canton Land Use Office. The application shall contain the information described in this section and any other information the Agency may reasonably require unless waived by the Agency as provided in § 460-711 for good cause shown. Application forms may be obtained from the Canton Land Use Office.
If an application to the Town of Canton Planning Commission
for subdivision or re-subdivision 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, submit an application for a permit to the Agency
in accordance with this section, no later than the day the application
is filed with the Planning Commission.
The application shall contain such information as is necessary for a fair and informed determination thereon by the Agency and shall be accompanied by the appropriate fee per Article XIX.
All applications shall include the following information in writing or on maps or drawings: unless waived by the Agency per § 460-711 or by its duly authorized Agent per § 460-1201, in writing or on maps or drawings:
A.
The applicant's name, home and business mailing
addresses and telephone numbers; if the applicant is a limited liability
corporation or a corporation, the managing member's or responsible
corporate officer's name, address and telephone number;
B.
The owner's name, home or business mailing addresses
and telephone, voice and fax numbers and written consent of the land
owner if the applicant is not the owner of the land upon which the
subject activity is proposed;
C.
The applicant's interest in the land;
D.
The geographical location of the land which is the
subject of the proposed activity and a description of the land in
sufficient detail to allow identification of the inland wetlands and
watercourses, the area(s) (in acres or square feet) of wetlands or
watercourses to be disturbed, wetland soil type(s), wetland vegetation,
and area(s) in square feet or acres of upland review area to be disturbed;
E.
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 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;
F.
Alternatives which would cause less or no environmental
impact to wetlands or watercourses and why the alternative as set
forth in the application was chosen; all such alternatives shall be
diagramed on a site plan or drawing;
G.
A site plan at a scale of at least one inch equal to
40 feet of a drawing size acceptable for filing with the Town Clerk,
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;
H.
Names and mailing addresses of land owners of record
within 100 feet of the boundary of the subject property;
I.
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;
J.
Authorization for the members and Agents of the Agency
to inspect the subject land, at reasonable times, during the pendency
of the application and for the life of the permit;
K.
A completed DEEP reporting form; the Agency shall revise
or 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;
L.
A stormwater management plan;
M.
Any other information the Agency deems necessary to
the understanding of what the applicant is proposing;
N.
Submission of the appropriate filing fee based on the fee schedule established in Article XIX of these regulations.
O.
Location and boundaries of any conservation restriction
or encumbrance; and
P.
Photographic images of existing conditions.
If the proposed activity involves a significant impact activity as determined by the Agency, additional information, unless waived by the Agency in accordance with § 460-711, based on the nature and anticipated effects of the activity, including but not limited to the following, is required:
A.
Site plans, at a scale of at least one inch equal to
40 feet of a drawing size acceptable for filing with the Town Clerk
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 and under
the live signature and seal of a professional engineer, land surveyor,
architect licensed by the state, or by such other qualified person
as approved by the Agency;
B.
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;
C.
Mapping of soil types consistent with the categories
established by the National Cooperative Soils Survey of the US 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 located on the site plans to scale;
D.
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;
E.
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;
F.
Analysis of chemical or physical characteristics of
any fill material; and
G.
Management practices and other measures designed to
mitigate the impact of the proposed activity.
The applicant shall certify whether:
A.
Any portion of the property on which the regulated
activity is proposed is located within 500 feet of the boundary of
an adjoining municipality;
B.
Traffic attributable to the completed project on the
site will use streets within the adjoining municipality to enter or
exit the site;
C.
Sewer or water drainage from the project site will
flow through and impact the sewage or drainage system within the adjoining
municipality; or,
D.
Water run-off from the improved site will impact streets
or other municipal or private property within the adjoining municipality.
Nine copies of all application materials shall be submitted
to comprise a complete application unless an applicant is otherwise
directed, in writing, by the Agency.
Any application to renew or amend an existing permit shall be filed with the Agency in accordance with Article VIII 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 Article VII of these regulations provided:
A.
The application may incorporate the documentation and
record of the prior application;
B.
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;
C.
The application shall state the reason why the authorized
activity was not initiated or completed within the time specified
in the permit;
D.
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;
E.
The Agency 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;
Any application to renew a permit shall be granted upon request
of the permit holder unless the Agency 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:
For any permit application involving property subject to a conservation
restriction or Preservation Restriction, the following shall apply:
A.
For purposes of this section, "conservation restriction"
means 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 described therein,
including but not limited to, the state or any political subdivision
of the state, or in any order of taking of such land whose purpose
is to retain land or water areas predominantly in their natural, scenic
or open condition or in agricultural, farming, or open space use.
B.
For purposes of this section, "preservation restriction"
means 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 land, including, but not
limited to, the state or any political subdivision of the state, or
in any order of taking of such land whose purpose is to preserve historically
significant structures or sites.
C.
No person shall file a permit application, other than
for interior work in an existing building, relating to property that
is subject to a conservation restriction or 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 not later than 60
days prior to the filing of the permit application.
D.
In lieu of such notice pursuant to Subsection 7.10c,
the applicant may submit a letter from the holder of such restriction
or from the holder's authorized agent, verifying that the application
is in compliance with the terms of the restriction.
The Agency shall consider waiver requests upon receipt of the
application and may determine acceptance of the waivers at that or
a later meeting prior to a decision on the application.
