§ 7. Application requirements and review procedure.

7.1  Application: Any person wishing to carry out a regulated activity, or an activity permitted as of right or nonregulated shall submit an application for permit to the Agency as follows:

7.1.1  Submission: The application shall be accompanied by the appropriate fee [see Section 7.2] and shall be submitted to the Agency at the office of the Agency in Southbury Town Hall. The date of receipt of any application shall be the day of the next regularly scheduled meeting of such commission, board or agency, immediately following the day of submission to such commission, board or agency or its agent of such petition, application, request or appeal or thirty-five (35) days after such submission, whichever is sooner.

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 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 Agency of such municipality. Such notice shall be made by certified mail, return receipt requested, and shall be mailed within seven (7) days of the date of the application. The water company, through a representative, may appear and be heard at any hearing on the application.

7.1.2  Forms:

a.

Application form "A," which may be used for activities involving maintenance, restoration, and permitted uses or unregulated activities as defined in section 4.

b.

Application form "B," which shall be used for all regulated activities including, but not limited to: subdivisions, dam construction and excavation ponds.

7.1.3  [Contents.] The following information shall be provided on all application form "A" and accompanying maps and drawings:

a.

The applicant's name, home and business addresses and telephone numbers.

b.

The owner's name (if applicant is not the owner of the property), home and business address, telephone numbers, and written consent to the proposed activity set forth in the application.

c.

Applicant's interest in the land.

d.

The geographical location and acreage of the property which is to be affected by the proposed activity, including a description of the land in sufficient detail to allow identification of the properties on the map of soil types, wetland and watercourses.

e.

Identification of wetlands, watercourses and boundaries of wetlands, watercourses and regulated areas. Said areas must be delineated by coloration.

f.

Location of existing contours, buildings, wells, driveways, septic systems and drainage systems (culverts, footing and curtain drains).

g.

Purpose and description of proposed activity shall include:

1.

Relocation of watercourses;

2.

Proposed drainage systems;

3.

Contours;

4.

Buildings, wells, driveways, septic systems;

5.

Erosion and sedimentation controls;

6.

Estimated amount and type of material to be excavated from, or deposited in, a regulated area; and

7.

Listing of maps, plans, and additional information accompanying application.

Any person who makes an application to the Agency pertaining to real property, the record title to which is held by a trustee of an undisclosed trust, shall file with said application a sworn statement disclosing the name of the equitable owner of such real property or the beneficiary of the trust.

7.1.4  [Additional information for application form "B."] In addition to the information required on application form "A" as stated above, the following additional information shall be provided on application form "B" and/or accompanying maps and drawings:

a.

Site development plan: A map of the proposed use and the property which will be affected, drawn by a licensed surveyor, professional engineer, or professional architect, who must be registered in the State of Connecticut. The map shall be at a scale of not less than 1″ = 100′ and shall include an inset parcel location map and north arrow. Contours, both existing and proposed, shall be shown at five-foot intervals or less. The map shall show the relevant information required under par. 7.1.3 e, f and g, the names and mailing addresses of all adjoining owners and the approximate acreage of continuous wetland on the lot affected by the proposed activity.

b.

Soils report: Report prepared by a qualified soil scientist providing an analysis of the tested soils within an area believed to be a wetland soil. The data shall show precisely where specific soil types are found. Soil boundaries shall be indicated by flag numbers (in field as well as on site development plan). Soil types must be consistent with categories established by the National Cooperative Soils Survey of the Soil Conservation Service of the United States Department of Agriculture.

c.

Hydrology study: The applicant shall submit in full the following:

1.

Pre and post development hydrolic calculations based on maximum storm frequencies of ten-, twenty-five- and fifty-year intervals and all stream channels, ponds and detention basins with a watershed above fifty (50) acres should be designed on a fifty- and one-hundred-year storm frequency.

2.

Map of drainage areas utilized in the design.

3.

End treatment of storm sewer outlets if discharged velocities exceed 3 cfs, including construction details, cross sections and profiles of affected areas including road layout profile.

4.

Projected effect of activity upon entire watershed.

d.

[Alternatives:] Alternatives considered by the applicant any why the proposal to alter wetlands set forth in the application was chosen;

e.

Description of material to be deposited and/or excavated: The applicant shall be required to describe any materials to be deposited on and/or excavated from the affected property in terms of volume, composition and the possibility or erosion or leaching from deposited materials.

f.

[Erosion and sedimentation control plan. ] Erosion and sedimentation control plan in accordance with Public Act 83-388 as amended and the Town of Southbury Soil Erosion Control Ordinance adopted December 11, 1985. All regulated areas shown on the soil erosion and sedimentation control plan must be delineated by colorization.

g.

Management practices and mitigation: 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 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 watercourse resources.

7.1.5  Additional information: The Agency may request the applicant to provide such additional information that it deems necessary in order to decide on the application, including, but not limited to, the following:

a.

Biological evaluation: If the affected property is believed to include any portion of a wetlands or watercourse, or may affect a wetlands or watercourse, an evaluation of the extent or the presence of the indigenous species of flora and fauna, including, but not limited to, endangered species, the habitat value of the affected area for wildlife, and the probable effect of the proposed activity upon the ecology of the affected property.

b.

Affected owners: Written identification of downstream property owners or other property owners whose rights or interests may or will be affected by the proposed activity.

7.1.6  [Written notice:] In the case of any application where any portion of the property on which the regulated activity is proposed is located within five hundred (500) feet of the boundary of the Town of Southbury, the applicant shall file written notice, in accordance with Public Act 87-533, of the proposed activity, certified mail return receipt requested, to the adjacent Municipal Wetland Agency on the same day of filing an inland wetland permit application with the Southbury Inland Wetlands Agency.

7.1.7  [Notice of pendency of application:] The Agency shall, in accordance with Connecticut General Statutes Sections 8-7b(f) and 22a-42b, notify the clerk of any adjoining municipality of the pendency of any application to conduct a regulated activity when:

a.

Any portion of the property on which the regulated activity is proposed is located within five hundred (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.

Notice of pendency of such application shall be made by registered mail and shall be mailed within seven (7) days of the date of receipt of the application.

7.2  Fees: An application fee must accompany each application. Issuance of a permit is subject to payment of the application fee and all other fees noted below. All fees are non-refundable unless otherwise noted.

The following shall be payable to the Town of Southbury:

Application Form "A" (refundable if found to be a nonregulated activity)
Maintenance & Restoration Activities ..... $ 50.00

Application Form "B" ..... 250.00

Construction of one, single-family residence

Addition/alteration to single-family residence or property; activities, other than construction of buildings, on public lands or conservation/preservation properties, including properties held by not-for-profit entities, for the purpose of maintaining those properties or facilitating public use/access) ..... 100.00

"Residence" means property developed for permanent housing. This does not include property developed for industry, commerce, trade, recreation or business being developed to be occupied for such purposes, for profit or non-profit.

Application Form "B" ..... $750.00

(Non-residential uses or more than one residential unit)

Renewal application fee ..... 150.00

Permit modification fee .....  50.00

(Minor modification; major modification may require new application)

Additional Fees, applicable to any application in addition to the Application Fee:

Public Hearing ..... 200.00

Subdivision and Resubdivision, per lot ..... 150.00

Outside consultants ..... at cost up to
$1,000.00 per lot

(Commission may require bonding and/or pre-payment for outside services-estimate of all consultant fees shall be paid in advance in order to proceed with the consultant review procedures.)

Review of Unauthorized or Previously Unpermitted ..... 350.00

Regulated Activity Application (per lot)
(This fee is not an authorization of any unauthorized activity and shall apply whenever the work or activity in a regulated area has been conducted by a property owner or an agent of the owner without prior authorization or a permit)

Waivers and Refunds: The Agency may waive or refund the application fee for: a) a re-submission of an application withdrawn by the applicant before the next Commission meeting; b) the submission of a revision of an approved application when the revision is not of such magnitude as to require a new application; c) an application submitted by the Town of Southbury or the school district; d) activities for the purpose of maintaining for the preservation of natural resources.

"Outside consultants" means all services by anyone other than the Enforcement Officer or the Agency itself to perform periodic inspections, wetland delineations/inspections, engineers, attorneys, and any other consultants the Agency deems appropriate. The Agency may require bonding or pre-payment of expected costs. If the applicant does not wish to pay for these services, the application must be withdrawn prior to the costs being incurred; fees will not be refunded once costs are incurred. Once the Agency has indicated outside consultants will be retained, continued prosecution of, or failure to withdraw, the application constitutes the Applicant's agreement to pay the costs of the outside consultants.

7.2.1 In accordance with Section 9.1.1 of the regulations, any person requesting such approval shall file the appropriate Minimal Activity Form provided by the Inland Wetlands office with sufficient information to enable a proper review and determination of the proposed activity. If approval is granted, a fee in the amount of twenty-five dollars ($25.00) shall be submitted to cover the necessary review process.

7.3  Copies: One (1) copy of the application and four (4) copies of any maps and plans shall be submitted.

7.4  Review procedure: Upon receipt of a complete application the Agency and/or its consultants shall review it. No application submitted to the Agency shall be deemed complete unless it shall be signed by record owner or trustee, be accompanied by the appropriate fee, and unless it shall be in such form and contain such information as the Agency deems necessary for a fair determination of the issues (as set forth in Section 7.1).

The Agency shall at its regular meeting inform any applicant whose application is deemed incomplete what information to submit (per Section 7) before the Agency shall formally begin a review. Any and all subsequent information shall be submitted at the office of the Agency and shall be considered received at the next regular meeting of the Agency.

Failure to submit a complete application or failure to submit information in time for the Agency to make a fair determination of the issues within the time periods required by law shall be cause for denial of a permit.

The Agency shall take action on any application within the time periods and shall give notice thereof as required by law. [See Appendix A]. The applicant may withdraw the application at any time prior to a decision by the Agency.

An application filed with an inland wetlands agency which is in conformance with the applicable inland wetlands regulations as of the date the receipt 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 receipt and any appeal from the decision of such agency 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 this chapter as of the date of such receipt.

7.5 In carrying out the purposes and policies of these regulations, the agency shall take into consideration all relevant facts and circumstances, including, but not limited to:

7.5.1 The environmental impact of the proposed regulated activity on wetlands or watercourses, including factors such as the following:

a.

Amount of material to be removed or deposited and the projected effect on the water table and drainage patterns;

b.

Danger of erosion;

c.

Likelihood of siltation and leaching and any resulting adverse effects on water quality and aquatic life;

d.

The nature of any material to be removed or deposited, and its effect on flood control, water supply and quality, and on aquatic organisms;

e.

Projected changes in velocity, volume or course of water flow, or in the water table and their effects;

f.

Existing flood or channel encroachment lines, flood hazard areas and flood plain zones;

g.

Changes to the physical, chemical and biological properties of the water or soil, and their impact;

h.

Change in the suitability of the area for recreational or aesthetic enjoyment; and

i.

Importance of the area to the region with regard to water supply, water purification, flood control, natural habitat, recreation and open space.

j.

"Wetlands or watercourses" includes aquatic, plant or animal life and habitats in wetlands or watercourses, and "habitats" means areas or environments in which an organism or biological population normally lives or occurs.

7.5.2 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.

7.5.3 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.

7.5.4 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:

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.

7.5.5 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. This includes recognition of potential damage from erosion, turbidity, or siltation, loss of fish and wildlife and their habitat, loss of unique habitat having demonstrated 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.

7.5.6 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.

7.6  Public Hearing: Upon due notice as required by law, the Agency may hold a public hearing on any application involving a significant activity. [See Appendix A]

The Inland Wetlands Commission shall not hold a public hearing on such application unless the Inland Wetlands Commission determines that the proposed activity may have a significant impact on wetlands, watercourses or a petition signed by at least twenty-five (25) persons who are eighteen (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 the Commission not later than fourteen (14) days after the day of receipt of 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 subsection is filed with the Agency not later than fourteen (14) days after the date of receipt of the application. No later than sixty-five (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 an agent or attorney. The hearing shall be completed within thirty-five (35) days of its commencement. Action shall be taken on applications within sixty-five (65) days after completion of a public hearing. The applicant may consent to one (1) or more extensions of the periods 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 the application. The failure of the inland wetlands agency or the commissioner to act within any time period specified in this subsection, or any extension thereof, shall not be deemed to constitute approval of the application.

7.7.  Alternatives: In a case of any application which received a public hearing, or in the case of a finding the Inland Wetlands Commission that the proposed activity may have a significant impact on wetlands or watercourses, a permit shall not be issued unless the agency finds on the basis of the record that a feasible and prudent alternative does not exist. In making this finding, the agency shall consider the facts and circumstances as set forth in Section 7.5 of these regulations. The finding and the reasons therefor shall be stated on the record in the decision of the agency in writing.

7.7.1 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 commissioner or the inland wetlands agency, as the case may be, shall propose on the record in writing the types of alternatives which the applicant may investigate provided this subdivision 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.

(Res. of. 5-11-05)