Chapter 211
INLAND
WETLANDS AND WATERCOURSES
[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.
§ 211-1. Title
and authority.
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[2]
in the Town of Somers.
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.
§ 211-2.
Definitions.
As used in
these regulations, the following terms shall have the meanings indicated:
ACT — The
Inland Wetlands and Watercourses Act, Sections 22a-36 through 22a-45,
inclusive, of the Connecticut General Statutes, as amended.
CLEARING
LIMITS — The boundaries of any cutting, clearing, or grubbing of vegetation
associated with a project to conduct a regulated activity.
COMMISSION —
The Conservation Commission of the Town of Somers.
CONSERVATION
EASEMENT — A restrictive covenant running from the property owner to the Town
of Somers, which restrictive covenant shall attach to and run with the land and
be binding upon the property owner and his heirs, successors and assigns. The
effect of the conservation easement shall be a legal agreement between the
property owner and the Town, wherein the property owner agrees to perpetually
preserve, protect, conserve, and maintain in a natural, scenic and open
condition, all land contained with the legal description encompassing the
conservation easement. By natural, scenic, and open condition it is hereby
meant that the land must remain undisturbed, i.e., no construction, no filling
or excavation, or other soil disturbance, no removal or destruction of trees,
shrubs or vegetation, other than safety hazards; and no activities detrimental
to natural drainage patterns, soil, vegetation, and wildlife. The fee simple
interest in the land contained within the conservation easement shall remain
with the owner of the land subject to the conservation easement in favor of the
Town.
BOGS — Areas
distinguished by evergreen trees and shrubs underlain by peat deposits, poor
drainage, and highly acidic conditions.
CLEAR-CUTTING
— The harvest of timber in a fashion which removes all trees down to a two-inch
diameter at breast height.
COMMISSIONER
OF ENVIRONMENTAL PROTECTION — The Commissioner of the State of Connecticut
Department of Environmental Protection.
CONTINUAL
FLOW — A flow of water which persists for an extended period of time; this flow
may be interrupted during periods of drought or during the low flow period of
the annual hydrological cycle, June through September, but it recurs in
prolonged succession.
DEPOSIT —
Includes, but shall not be limited to fill, grade, dump, place, discharge or
emit.
DESIGNATED
AGENT — An individual(s) designated by the Conservation Commission to carry out
its functions and purposes.
DISCHARGE —
Emission of any water, substance, or material into wetlands or watercourses
whether or not such substance causes pollution.
DISTURB THE
NATURAL AND INDIGENOUS CHARACTER OF THE WETLAND OR WATERCOURSE — To alter the
inland wetlands and watercourses by reason of removal or deposition of
material, clearing the land, altering or obstructing water flow, or pollution.
ESSENTIAL TO
THE FARMING OPERATION — The proposed activity is necessary and indispensable to
sustain farming activities on an existing farm.
FARMING — Use
of land for the growing of crops, raising of livestock, including horses, or
other agricultural use.
FEASIBLE —
Able to be constructed or implemented consistent with sound engineering
principles.
MANAGEMENT
PRACTICE — A practice, procedure, activity, structure or facility designed to
prevent or minimize pollution or other environmental damage or to maintain or
enhance existing environmental quality. Such management practices include, but
are not limited to: erosion and sedimentation controls; restrictions on land
use or development; construction setbacks from wetlands or watercourses; proper
disposal of waste materials; procedures for equipment maintenance to prevent
fuel spillage; construction methods to prevent flooding or disturbance of
wetlands and watercourses; procedures for maintaining continuous stream flows;
confining construction that must take place in watercourses to times when water
flows are low and fish and wildlife will not be adversely affected.
MARSHES —
Areas with soils that exhibit aquatic moisture regimes and are distinguished by
the absence of trees and shrubs and the dominance of soft-stemmed herbaceous
plants. The water table in marshes is at or above the ground surface throughout
the year and areas of open water six inches or more in depth are common, but
seasonal water table fluctuations are encountered.
MATERIAL —
Any substance, solid or liquid, organic or inorganic, including but not limited
to: soil, sediment, aggregate, land, gravel, clay, bog, peat, mud, debris,
sand, refuse or waste.
MUNICIPALITY
— The Town of Somers.
NURSERIES —
Land used for propagating trees, shrubs or other plants for transplanting,
sale, or for use as stock for grafting.
PERMIT — The
whole or any part of any license, certificate or approval or similar form of
permission which may be required of any person by the provisions of these
regulations and the Act or other municipal, state and federal law.
PERMITTEE —
The person to whom a permit has been issued.
PERSON — Any
person, firm, partnership, association, corporation, company, organization or
legal entity of any kind, including municipal corporations, governmental
agencies or subdivisions thereof.
POLLUTION —
Harmful thermal effect or the contamination or rendering unclean or impure of
any waters of the state by reason of any waste or other materials discharged or
deposited therein by any public or private sewer or otherwise so as directly or
indirectly to come in contact with any waters. This includes, but is not
limited to, erosion and sedimentation resulting from any filling, land clearing
or excavation activity.
PRUDENT —
Economically and otherwise reasonable in light of the social benefits to be
derived from the proposed regulated activity, provided cost may be considered
in deciding what is prudent and further provided a mere showing of expense will
not necessarily mean an alternative is imprudent.
REGULATED
ACTIVITY — Any operation within or use of a wetland or watercourse involving
removal or deposition of material, or any obstruction, construction, alteration
or pollution, of such wetlands or watercourses, but shall not include the
specified activities in Section 22a-40 of the Connecticut General Statutes.
Furthermore, any clearing, grubbing, filling, grading, paving, excavating,
constructing, depositing or removing of material and discharging of storm water
on the land within 100 feet measured horizontally from the boundary of any
wetland or watercourse is a regulated activity. The Commission may rule that
any other activity located within such upland review area or in any other
non-wetland or non-watercourse area is likely to impact or affect wetlands or
watercourses and is a regulated activity.
REGULATED
AREA — Any wetlands or watercourses as defined in these regulations.
REMOVE —
Includes, but shall not be limited to, drain, excavate, mine, dig, dredge,
suck, grub, clear cut timber, bulldoze, dragline or blast.
RENDERING
UNCLEAN OR IMPURE — Any alteration of the physical, chemical or biological
properties of any waters of the state, including, but not limited to, change in
odor, color, turbidity or taste.
SIGNIFICANT
IMPACT ACTIVITY — Any activity, including, but not limited to, the following
activities which may have a major effect or significant impact.
A. Any activity involving deposition or
removal of material which will or may have a major effect or significant impact
on the regulated area or on another part of the inland wetland or watercourse
system.
B. Any activity which substantially changes
the natural channel or may inhibit the natural dynamics of a watercourse
system.
C. Any activity which substantially diminishes
the natural capacity of an inland wetland or watercourse to: support desirable
fisheries, wildlife, or other biological life; prevent flooding; supply water;
assimilate waste; facilitate drainage; provide recreation or open space; or
perform other functions.
D. Any activity which is likely to cause or
has the potential to cause substantial turbidity, siltation or sedimentation in
a wetland or watercourse.
E. Any activity which causes a substantial
diminution of flow of a natural watercourse or groundwater levels of the regulated
area.
F. Any activity which is likely to cause or
has the potential to cause pollution of a wetland or watercourse.
G. Any activity which damages or destroys
unique wetland or watercourse areas or such areas having demonstrable
scientific or educational value.
SOIL
SCIENTIST — An individual duly qualified in accordance with standards set by
the federal Office of Personnel Management.
SUBMERGED
LANDS — Those lands which are inundated by water on a seasonal or more frequent
basis.
SWAMPS —
Areas with soils that exhibit aquic moisture regimes and are distinguished by
the dominance of wetland trees and shrubs.
TOWN — The
Town of Somers.
WASTE —
Sewage or any substance, liquid, gaseous, solid or radioactive, which may
pollute or tend to pollute any of the wetlands or watercourses of the Town.
WATERCOURSES
— Rivers, streams, brooks, waterways, lakes, ponds, marshes, swamps, bogs, and
all other bodies of water, natural or artificial, vernal or intermittent,
public or private, which are contained within, flow through or border upon the
Town or any portion thereof not regulated pursuant to Sections 22a-28 through
22a-35, inclusive, of the Connecticut General Statutes. Intermittent
watercourses shall be delineated by a defined permanent channel and bank and
the occurrence of two or more of the following characteristics: (a) evidence of
scour or deposits of recent alluvium or detritus, (b) the presence of standing
or flowing water for a duration longer than a particular storm incident, and
(c) the presence of hydrophytic vegetation.
WETLANDS —
Land, including submerged land as defined in this section, not regulated
pursuant to Sections 22a-28 through 22a-35, inclusive, of the Connecticut
General Statutes, which consists of any of the soil types designated as poorly
drained, very poorly drained, alluvial and flood plain by the National
Cooperative Soils Survey, as it may be amended from time to time, of the Soil
Conservation Service of the U.S. Department of Agriculture (USDA). Such areas
may include filled, graded, or excavated sites which possess an aquic
(saturated) soil moisture regime as defined by the USDA Cooperative Soil
Survey.
§ 211-3.
Inventory of regulated areas.
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.
§ 211-4.
Permitted uses as of right and nonregulated uses.
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.
§ 211-5.
Activities regulated by the state.
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.
§ 211-6.
Regulated activities to be licensed.
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.
§ 211-7.
Application requirements.
A. Any person intending to conduct a regulated
activity or to renew or amend a permit to conduct such activity, shall apply
for a permit on a form provided by the Commission. The application shall
contain the information described in this section and any other information the
Commission may reasonably require. Application forms may be obtained in the
offices of the Somers Town Clerk or the Land Use Office.
B. If an application to the Town of Somers
Planning, Zoning, or Planning and Zoning Commission for subdivision or
resubdivision of land involves land containing a wetland or watercourse, the
applicant shall, in accordance with Section 8-3(g), 8-3c, or 8-26, as
applicable, of the Connecticut General Statutes, submit an application for a
permit to the Commission in accordance with this section, no later than the day
the application is filed with such Planning, Zoning, or Planning and Zoning
Commission.
C. The application shall contain such
information as is necessary for a fair and informed determination thereon by
the Commission.
D. A prospective applicant may request the
Commission to determine whether or not a proposed activity involves a
significant impact activity.
E. All applications shall include the
following information in writing, in addition to maps or drawings as required
by the Conservation Commission and forms provided by the Conservation
Commission. More information may be required, as determined by the Commission
or authorized agent depending on the nature of the project and the potential
risk to wetlands and watercourses:
(1) The applicant's name, home and business
mailing addresses and telephone numbers;
(2) The owner's name, mailing address and
telephone number and written consent of the land owner if the applicant is not
the owner of the land upon which the subject activity is proposed;
(3) The area or lineal feet of wetland and/or
watercourse to be disturbed or altered;
(4) The purpose and a description of the
proposed activity and proposed erosion and sedimentation controls and other
management practices or mitigation measures which may be considered as a
condition of issuing a permit for the proposed regulated activity, including,
but not limited to, measures to (1) prevent or minimize pollution or other
environmental damage, (2) maintain or enhance existing environmental quality,
or (3) in the following order of priority: restore, enhance and create
productive wetland or watercourse resources;
(5) Alternatives considered and subsequently
rejected by the applicant and why the alternative as set forth in the
application was chosen; all such alternatives shall be diagrammed on a site
plan or drawing;
(6) A site plan at a scale of 1" = 20' to
1" = 100', or other scale as appropriate considering the proposal, showing
the proposed activity and existing and proposed conditions in relation to
wetlands and watercourses and identifying any further activities associated
with, or reasonably related to, the proposed regulated activity which are made
inevitable by the proposed regulated activity and which may have an impact on
wetlands or watercourses, including clearing limits associated with the
project;
(7) The plan shall show, by flag number, the
delineated boundaries of field-delineated wetlands and watercourses which shall
be certified by a soil scientist on the plan; any revisions to the plan shall
require new certification by a soil scientist on the plan; if at any time
during the course of reviewing an application the Commission or its agent is
unable to determine the delineation of wetlands or watercourses in the field,
the Commission may require re-flagging of all or part of the parcel;
(8) Authorization for the members and agents of
the Commission to inspect the subject land, at reasonable times, both before
and after a final decision has been issued;
(9) Any other information the Commission deems
necessary to the understanding of what the applicant is proposing; and
(10) Submission of the appropriate filing fee based
on the fee schedule established in § 211-19 of these regulations.
F. If the proposed activity involves a
significant impact activity as determined by the Commission, additional
information, based on the nature and anticipated effects of the activity,
including but not limited to the following, is required:
(1) Site plans for the proposed activity and the
land which will be affected thereby which show existing and proposed
conditions, wetland and watercourse boundaries, land contours, boundaries of
land ownership, proposed alterations and uses of wetlands and watercourses, and
other pertinent features of the land and the proposed activity, prepared by a
professional engineer, land surveyor, architect or landscape architect licensed
by the state, or by such other qualified person;
(2) Engineering reports and analyses and
additional drawings to fully describe the proposed activity including any
filling, excavation, drainage or hydraulic modifications to watercourses and
the proposed erosion and sedimentation control plan;
(3) Mapping of soil types consistent with the
categories established by the National Cooperative Soil Survey of the U.S.
Natural Resources Conservation Service; the wetlands shall be delineated in the
field by a soil scientist and the soil scientist's field delineation shall be
depicted on the site plans;
(4) A description of the ecological communities
and functions of the wetlands or watercourses involved with the application and
the effects of the proposed activity on these communities and wetland
functions;
(5) A description of how the applicant will
change, diminish, or enhance the ecological communities and functions of the
wetlands or watercourses involved in the application and each alternative, and
a description of why each alternative considered was deemed neither feasible
nor prudent;
(6) Analysis of chemical or physical
characteristics of any fill material; and
(7) Management practices and other measures
designed to mitigate the impact of the proposed activity.
G. The applicant shall certify whether:
(1) Any portion of the property on which the
regulated activity is proposed is located within 500 feet of the boundary of an
adjoining municipality;
(2) Traffic attributable to the completed
project on the site will use streets within the adjoining municipality to enter
or exit the site;
(3) Sewer or water drainage from the project
site will flow through and impact the sewage or drainage system within the
adjoining municipality; or
(4) Water run-off from the improved site will
impact streets or other municipal or private property within the adjoining
municipality.
H. Two copies of all application materials
shall be submitted to comprise a complete application unless an applicant is
otherwise directed, in writing, by the Commission.
I. Any application to renew or amend an existing
permit shall be filed with the Commission in accordance with § 211-8 of these
regulations at least 65 days prior to the expiration date of the permit. Any
application to renew or amend such an existing permit shall contain the
information required under § 211-7 of these regulations provided:
(1) The application may incorporate the
documentation and record of the prior application;
(2) The application shall describe the extent of
work completed at the time of filing and the schedule for completing the
activities authorized in the permit;
(3) The application shall state the reason why
the authorized activity was not initiated or completed within the time
specified in the permit;
(4) The application shall describe any changes
in facts or circumstances involved with or affecting wetlands or watercourses
or use of the land for which the permit was issued;
(5) The Commission may, prior to the expiration
of a permit, accept an untimely application to renew such permit if the
authorized activity is ongoing and allow the continuation of work beyond the
expiration date if, in its judgment, the permit is likely to be renewed and the
public interest or environment will be best served by not interrupting the
activity;
J. Any application to renew a permit shall
be granted upon request of the permit holder unless the Commission finds that
there has been a substantial change in circumstances which requires a new
permit application or an enforcement action has been undertaken with regard to
the regulated activity for which the permit was issued, provided no permit may
be valid for more than 10 years.
§ 211-8.
Application procedures.
A. All petitions, application, requests or
appeals shall be submitted to the Conservation Commission of the Town of
Somers.
B. When an application to conduct or cause to
be conducted a regulated activity upon an inland wetland or watercourse is
filed and any portion of such wetland or watercourse is within 500 feet of the
boundary of another municipality, the applicant shall give written notice of
the application by certified mail, return receipt requested, on the same day to
the Inland Wetlands Commission of such other municipality.
C. The Agency shall, in accordance with
Connecticut General Statutes Sections 8-7(f) and 22a-42b, notify the Clerk of
any adjoining municipality of the pendency of any application, petition,
appeal, request or plan concerning any project on any site in which:
(1) Any portion of the property affected by a
decision of the agency is within 500 feet of the boundary of the adjoining
municipality;
(2) A significant portion of the traffic to the
completed project on the site will use streets within the adjoining
municipality to enter or exit the site;
(3) A significant portion of the sewer or water
drainage from the project on the site will flow through and significantly
impact the drainage or sewerage system within the adjoining municipality; or
(4) Water runoff from the improved site will
impact streets or other municipal or private property within the adjoining
municipality.
Such notice shall be made by
certified mail, return receipt requested, and shall be mailed within seven days
of the date of receipt of the application, petition, appeal, request or plan.
D. When an application is filed to conduct or
cause to be conducted a regulated activity upon an inland wetland or
watercourse, any portion of which is within the watershed of a water company as
defined in Section 16-1 of the Connecticut General Statutes, the applicant
shall provide written notice of the application to the water company, provided
such water company has filed a map showing the boundaries of the watershed on
the land records of the municipality in which the application is made and with
the Inland Wetlands Commission of such municipality. Such notice shall be made
by certified mail, return receipt requested, and shall be mailed within seven
days of the date of the application. The water company, through a
representative, may appear and be heard at any hearing on the application.
Documentation of such notice shall be provided to the Commission.
E. The date of receipt of a petition,
application, request or appeal shall be the day of the next regularly scheduled
meeting of the agency, immediately following the day of submission to such
agency or its agent of such petition, application, request or appeal or 35 days
after such submission, whichever is sooner.
F. At any time during the review period, the
applicant shall provide such additional information as the Commission may
reasonably require. Requests for such additional information shall not stay the
time limitations as set forth in § 211-11B of these regulations.
G. All applications shall be open for public
inspection at the Town of Somers Land Use Office.
H. Incomplete applications may be denied.
§ 211-9.
Public hearings.
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.
§ 211-10.
Considerations for decision.
A. The Commission may consider the following
in making its decision on an application:
(1) The application and its supporting
documentation.
(2) Public comments, evidence and testimony.
(3) Reports from other agencies and commissions,
including but not limited to the Town of Somers:
Building Official
Engineering Consultant
Health Officer or State Department of
Health
Planner
Planning Commission
Public Works
Water Pollution Control Authority
Zoning
Board of Appeals
Zoning Commission
Zoning Enforcement Officer
Erosion Control/Wetlands Control
Officer
(4) The Commission may also consider comments on
any application from the North Central Conservation District, the Capitol
Region Council of Governments or other regional organizations (i.e., Council of
Elected Officials); agencies in adjacent municipalities which may be affected
by the proposed activity, or other technical agencies or organizations which
may undertake additional studies or investigations.
(5) Non-receipt of comments from agencies and
commissions listed in Subsection A(3) and (4) above within the prescribed time
shall neither delay nor prejudice the decision of the Commission.
B. Criteria for decision. In carrying out the
purposes and policies of Sections 22a-36 to 22a-45, inclusive, of the
Connecticut General Statutes, including matters relating to regulating,
licensing and enforcing of the provisions thereof, the Commission shall take
into consideration all relevant facts and circumstances, including but not
limited to:
(1) The environmental impact of the proposed
regulated activity on wetlands or watercourses;
(2) The applicant's purpose for, and any
feasible and prudent alternatives to, the proposed regulated activity, which
alternatives would cause less or no environmental impact to wetlands or
watercourses;
(3) The relationship between the short-term and
long-term impacts of the proposed regulated activity on wetlands or
watercourses and the maintenance and enhancement of long-term productivity of
such wetlands or watercourses;
(4) Irreversible and irretrievable loss of
wetland or watercourse resources which would be caused by the proposed
regulated activity, including the extent to which such activity would foreclose
a future ability to protect, enhance or restore such resources, and any
mitigation measures which may be considered as a condition of issuing a permit
for such activity, including, but not limited to, measures to (1) prevent or
minimize pollution or other environmental damage, (2) maintain or enhance
existing environmental quality, or (3) in the following order of priority:
restore, enhance and create productive wetland or watercourse resources;
(5) The character and degree of injury to, or
interference with, safety, health or the reasonable use of property which is
caused or threatened by the proposed regulated activity; and
(6) Impacts of the proposed regulated activity
on wetlands or watercourses outside the area for which the activity is proposed
and future activities associated with or reasonably related to, the proposed
regulated activity which are made inevitable by the proposed regulated activity
and which may have an impact on wetlands or watercourses.
C. In the case of an application which
received a public hearing pursuant to a finding by the Commission that the
proposed activity may have a significant impact on wetlands or watercourses, a
permit shall not be issued unless the Commission finds on the basis of the
record that a feasible and prudent alternative does not exist. In making this
finding the Commission shall consider the facts and circumstances set forth in
Subsection B of this section. The finding and the reasons therefor shall be
stated on the record in writing.
D. In the case of an application which is
denied on the basis of a finding that there may be feasible and prudent
alternatives to the proposed regulated activity which have less adverse impact
on wetlands or watercourses, the Commission shall propose on the record in
writing the types of alternatives which the applicant may investigate, provided
this subsection shall not be construed to shift the burden from the applicant
to prove that he is entitled to the permit or to present alternatives to the
proposed regulated activity.
E. In reaching its decision on any
application after a public hearing, the Commission shall base its decision on
the record of that hearing. Documentary evidence or other material not in the
hearing record shall not be considered by the Commission in its decision. A
conclusion that a feasible and prudent alternative does not exist does not
create a presumption that a permit should be issued. The applicant has the
burden of demonstrating that his application is consistent with the purposes
and policies of these regulations and Sections 22a-36 to 22a-45, inclusive, of
the Connecticut General Statutes.
F. For the purposes of this section, (1)
"wetlands or watercourses" includes aquatic, plant or animal life and
habitats in wetlands or watercourses, and (2) "habitats" means areas
or environments in which an organism or biological population normally lives or
occurs.
G. The Conservation Commission shall not deny
or condition an application for a regulated activity in an area outside
wetlands or watercourses on the basis of an impact or effect on aquatic, plant,
or animal life unless such activity will likely impact or affect the physical
characteristics of such wetlands or watercourses.
§ 211-11.
Decision process and permit.
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.
§ 211-12.
Action by duly authorized agent.
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.
§ 211-13. Bond
and insurance.
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.
§ 211-14.
Enforcement.
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.
§ 211-15.
Amendments.
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.
§ 211-16.
Appeals.
A. Appeal on actions of the Commission shall
be made in accordance with the provisions of Section 22a-43 of the Connecticut
General Statutes, as amended.
B. Notice of such appeal shall be served upon
the Commission and the Commissioner of Environmental Protection.
§ 211-17.
Conflict and severance.
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.
§ 211-18.
Other permits.
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.
§ 211-19.
Application fees.
A. Method of payment. All fees required by
these regulations shall be submitted to the Commission by certified check or
money order payable to the Town of Somers at the time the application is filed
with the Commission.
B. No application shall be granted or approved
by the Commission unless the correct application fee is paid in full or unless
a waiver has been granted by the Commission pursuant to Subsection G of these
regulations.
C. The application fee is not refundable.
D. Definitions. As used in this section, the
following terms shall have the meanings indicated:
RESIDENTIAL
USES — Activities carried out on property developed for permanent housing or
being developed to be occupied by permanent housing.
COMMERCIAL
USES — Activities carried out on property developed for industry, commerce,
trade, recreation, or business or being developed to be occupied for such
purposes, for profit or nonprofit.
OTHER USES —
Activities other than residential uses or commercial uses.
E. Application fees for these regulations
shall be based on the following fee schedule:
(1) Permitted and nonregulated uses (§ 211-4):
(a) Permitted uses as of right (§ 211-4A): no
fee.
(2) Regulated uses (§ 211-6):
(a) Residential: $180.
(b) Subdivisions: $180.
(c) Plus: $45/lot.
(3) Commercial uses: $180.
(4) All other uses: $180.
(5) Significant activity fee (§ 211-2 definition
of "significant impact activity" and § 211-7E): $350.
(6) Modification of previous approval (§§ 211-7H
and 211-11K): $45. (There shall be no fee for correcting typographical errors.)
(7) Permit renewal or extension (§ 211-11H):
$45.
F. Exemption. Boards, commissions, councils
and departments of the Town of Somers are exempt from all fee requirements.
G. Waiver. The applicant may petition the
Commission to waive, reduce or allow delayed payment of the fee. Such petitions
shall be in writing and shall state fully the facts and circumstances the
Commission should consider in its determination under this subsection.
(1) The Commission may waive all or part of the
application fee if the Commission determines that:
(a) The activity applied for would clearly
result in a substantial public benefit to the environment or to the public
health and safety and the applicant would reasonably be deterred from
initiating the activity solely or primarily as a result of the amount of the
application fee; or
(b) The amount of the application fee is
clearly excessive in relation to the cost to the Town for reviewing and
processing the application.
(2) The Commission shall state upon its record
the basis for all actions under this subsection.
§ 211-20.
Records retention and disposition.
A. The Commission and the Town Clerk for the
Town of Somers shall retain complete administrative records of Commission
actions and dispose of such records in accordance with the
retention/disposition schedules set forth in Subsection B.
B. The public records administrator of the
Connecticut State Library established the following new records
retention/disposition schedules for municipal Inland Wetlands Agencies
effective April 24, 1989:
|
Record Title |
Minimum Retention
Required in Commission |
Town Clerk |
|
Applications (including supporting materials) |
10 years |
- |
|
Decision letters |
10 years |
Permanent |
|
Approved site plans |
10 years |
— |
|
Legal notices |
10 years |
Permanent |
|
Staff and public written testimony (hearing records) |
10 years |
— |
|
Minutes of meetings and public hearings |
15 years |
Permanent |
|
Tapes, audio-inland wetland matters |
4 years |
— |
|
Notices of violation and orders |
10 years |
— |
|
Text of changes adopted in regulations |
Continuous update/ permanent
|
— |
|
General correspondence issued or received |
5 years |
— |
§ 211-21.
Effective date of regulations.
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.