§ 13. Effective date.
These regulations, and any amendments hereto, shall be in full force and effect from the date established by the Southbury Inland Wetlands Agency in accordance with the Connecticut General Statutes.
APPENDIX A accompanying the inland wetlands and watercourses regulations of the Town of Southbury, Connecticut.
HEARINGS, PETITIONS, AND NOTICES
(See section 22a-42a(b) of Connecticut General Statutes)
1.
Adoption and amendment of regulations:
a.
The regulations of the Agency including boundaries of inland wetlands and watercourse areas shall become effective or be established only after a public hearing in relation thereto is held by the Agency, any such hearing shall be held in accordance with the provisions of section 8-7d, as amended. A copy of such proposed regulation of boundary shall be filed in the office of the Southbury Town Clerk for public inspection at least ten (10) days before such hearing, and may be published in full in such paper. In the case of amendments to the regulations, the Commissioner of Environmental Protection must be notified thirty-five (35) days prior to the date of the public hearing.
b.
Such regulations and inland wetland and watercourse boundaries may be from time to time, amended, changed or repealed, by majority vote of the Agency, after public hearing, in relationship thereto, is held by the Agency in accordance with the provisions of section 8-7d, as amended.
c.
Regulations or boundaries or changes therein shall become effective at such time as is fixed by the Agency, provided a copy of such regulations, boundary or change shall be filed in the office of the Southbury Town Clerk.
d.
Whenever the Agency makes a change in regulations or boundaries it shall state upon its records the reason why the change was made, and shall provide a copy of such regulation, boundary or change to the Commissioner of Environmental Protection no later than ten (10) days after its adoption, provided failure to submit such regulation, boundary or change shall not impair the validity thereof.
2.
All petitions submitted in writing and in a form prescribed by the Agency, requesting a change in the regulations or the boundaries of inland wetlands and watercourse areas shall be considered at a public hearing. The Agency shall hold a public hearing to amend the regulations and the Inland Wetlands and Watercourses Map within sixty-five (65) days after receipt of such petition. The hearing shall be completed within thirty-five (35) days after commencement. The Agency shall act upon the changes requested in such petition within sixty-five (65) days after completion of such hearing. At such hearing, any person or persons may appear and be heard and may be represented by an agent or attorney. The petition may consent to one (1) or more extensions of any period specified in this subsection provided the total extension of all such periods shall not be for longer than sixty-five (65) days or may withdraw such petition. The failure of the inland wetlands Agency to act within any time period specified in this subsection, of any extension thereof, shall not be deemed to constitute approval of the petition. The Agency may require a filing fee to be deposited with the Agency to defray the cost of publication of the notice required for a hearing.
a.
Each petition shall be accompanied by a filing fee of one hundred seventy-five dollars ($175.00).
b.
Each petition requesting a change in the regulations shall include the precise wording of proposed changes or additions to the text or clear identification of wording proposed to be deleted; twelve (12) copies of the proposed text shall be submitted.
c.
Each petition requesting a change in the boundaries of inland wetland or watercourse areas shall be accompanied by maps at appropriate scale and technical data identifying and evaluating the area in question. It is the responsibility of the petitioner to provide reasonable proof, such as by field investigations done by a soils scientist or competent biologist or ecologist, as to the boundaries of wetlands and water courses. Six (6) copies of maps shall be submitted, which number includes the four (4) copies which may have been submitted in connection with an application under section 7.3.
3.
Hearings, action and notice on applications: (*see section 22a-42a(c) of Connecticut General Statutes).
a.
The Agency may hold a public hearing on such application. The Inland Wetlands Agency shall not hold a public hearing on such application unless the inland wetlands Agency determines that the proposed activity may have a significant impact on wetlands, watercourses or a petition signed by at least twenty-five (25) persons requesting a hearing is filed with the Agency not later than fourteen days after the submission of such application or the Agency finds that a public hearing regarding such application would be in the public interest. Such hearing shall be held no later than sixty-five (65) days after the receipt of such application. Notice of the hearing shall be published at least twice at intervals of not less than two (2) days, the first not more than fifteen (15) days and not fewer than ten (10) days, and the last not less than two (2) days before the date set for the hearing, in a newspaper having a general circulation in the Town of Southbury. 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. The public hearing shall be concluded within sixty-five (65) days of commencement.
b.
Action shall be taken on applications within thirty-five (35) days after the completion of a public hearing or in the absence of a public hearing within sixty-five (65) days from the date of the receipt of the application.
c.
The applicant shall be notified of the Agency's decision by certified mail within fourteen (14) days of the date of the decision and the Agency shall cause notice of their order in issuance, denial, revocation or suspension of a permit to be published in a newspaper having a general circulation in the Town of Southbury.
(Res. of 5-11-05)
APPENDIX B accompanying the inland wetlands watercourses regulations of the Town of Southbury, Connecticut. (See section 22a-43 of Connecticut General Statutes)
APPEALS
a.
The commissioner or any person aggrieved by any regulation, order, decision or action made pursuant to sections 22a-36 to 22a-45, inclusive, by the commissioner, district or municipality or any person owning or occupying land which abuts any portion of land within, or is within a radius of ninety (90) feet of the wetland or watercourse involved in any regulation, order, decision or action made pursuant to said sections may, within fifteen (15) days after publication of such regulation, order, decision or action appeal to the superior court for the judicial district where the land affected is located, and if located in more than one (1) judicial district, to said court in any such judicial district, except if such appeal is from a contested case, as defined in section 4-166, such appeal shall be in accordance with the provisions of section 4-183, except venue shall be in the judicial district where the land affected is located, and if located in more than one (1) judicial district to the court in any such judicial district. Such appeal shall be made returnable to said court in the same manner as that prescribed for civil actions brought to said court. Notice of such appeal shall be served upon the Inland Wetlands Agency and the commissioner. The commissioner may appear as a party to any action brought by another person within thirty (30) days from the date such appeal is returned to the court. The appeal shall state the reasons upon which it is predicated and shall not stay proceedings on the regulations, order, decision or action, but the court may on application and after notice grant a restraining order. Such appeal shall have precedence in the order of trial.
b.
The court, upon the motion of the person who applied for such order, decision or action, shall make such persons a party defendant in the appeal. Such defendant may, at any time after the return date of such appeal, make a motion to dismiss the appeal. At the hearing at such motion to dismiss, each appellant shall have the burden of proving such appellant's standing to bring the appeal. The court may, upon the record, grant or deny the motion. The court's order on such motion shall be a final judgement for the purpose of the appeal as to each such defendant. No appeal may be taken from any such order except within seven (7) days of the entry of such order.
c.
No appeal taken under subsection (a) of this section shall be withdrawn and no settlement between the parties to any such appeal shall be effective unless and until a hearing has been held before the superior court and such court has approved such proposed withdrawal or settlement.
APPENDIX C accompanying the inland wetlands and watercourses regulations of the Town of Southbury, Connecticut. (See section 22a-44 of Connecticut General Statutes)
PENALTIES, COURT ORDERS
1.
a.
Any person who commits, takes part in, or assists in any violation of any provision of sections 22a-36 to 22a-45, inclusive, including regulations adopted by the commissioner and ordinances and regulations promulgated by municipalities or districts pursuant to the grant of authority herein contained, shall be assessed a civil penalty of not more than one thousand dollars ($1,000.00) for each offense. Each violation of said sections shall be separate and distinct offense, and, in the case of a continuing violation, each day's continuance thereof shall be deemed to be a separate and distinct offense. The superior court, in an action brought by the commissioner, municipality, district or any person, shall have jurisdiction to restrain a continuing violation of said sections, to issue orders directing that the violation be corrected or removed and to assess civil penalties pursuant to this section. All costs, fees and expenses in connection with such action shall be assessed as damages against the violator together with reasonable attorney's fees which may be allowed, all of which shall be awarded to the commissioner, municipality, district or person which brought such action. The moneys collected pursuant to this section shall be used by the Commissioner of Environmental Protection, to restore the affected wetlands or watercourses to their condition prior to the violation, wherever possible.b.
Any person who wilfully or knowingly violates any provision of sections 22a-36 to 22a-45, inclusive, shall be fined not more than one thousand dollars ($1,000.00) for each day during which such violation continues or be imprisoned not more than six (6) months, or both. For a subsequent violation, such person shall be fined not more than two thousand dollars ($2,000.00) for each day during which such violation continues or be imprisoned not more than one (1) year, or both. For the purposes of this subsection, "person" shall be construed to include any responsible corporate officer.
APPENDIX D accompanying the inland wetlands and watercourses regulations of the Town of Southbury, Connecticut.
REVALUATION
1.
Any owner of wetlands and watercourses who may be denied a permit in connection with a regulated activity affecting such wetlands and watercourses shall, upon written application to the assessor of the Town of Southbury, be entitled to a revaluation of such property to reflect the fair market value thereof in light of the restriction placed upon it by the denial of such permit, effective with respect to the next succeeding assessment list of the Town of Southbury, provided no such revaluation shall become effective retroactively and the town may require as a condition thereof the conveyance of less than fee interest to it of such land pursuant to the provisions of sections 7-131b—7-131k, inclusive, of the Connecticut General Statutes.