§ 8. Decision process and permit.

8.1  [Decision.] In granting, denying or limiting any permit for a regulated activity the Inland Wetlands Commission, or its agent, shall consider the factors set forth in Section 7.5 of these regulations, and such commission, or its agent shall state upon the record the reason for its decision. In granting a permit the Inland Wetlands Commission or its agent may grant the application as filed or grant it upon other terms, conditions, limitations or modifications of the regulated activity which are designed to carry out the policy of Sections 22a-36 to 22a-45, inclusive, of the General Statutes and these regulations. 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 watercourses resources. In the case of any public hearing, such decision shall be based fully on the records of such hearing, and other materials not part of the hearing record shall not be considered by the commission in its decision. The decision shall be in writing and shall incorporate a statement relative to the consideration of feasible and prudent alternatives.

8.2 A municipal inland wetlands agency 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 have a likely impact of effect on the physical characteristics of such wetlands or watercourses.

8.3  Notification to applicant; appeal; revaluation: The Agency shall give notice of its decision as required by law. [See Appendix A] Any person aggrieved by any decision of the Agency may, within fifteen (15) days after publication of notice of such decision, appeal to the Superior Court as provided by law. [See Appendix B] Any person denied a permit in connection with a regulated activity may make application to the assessor of the Town of Southbury concerning revaluation of the property. [See Appendix D]

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 ten (10) days thereafter.

8.4  Conditions: If the Agency denies the permit, or if it grants a permit with terms, conditions, limitations or modifications, the applicant may attempt to modify the proposal to the Agency's satisfaction. The Agency shall determine whether the proposed modification requires the filing of a new application. The rejection of a modified or corrected application by the Agency shall be equivalent to the denial of an application for the purposes of appeal.

8.4.1 If the Agency denies a permit, the application shall not be resubmitted unless the proposal is modified in a fashion that substantially changes the impacts which resulted in the denial. Such submittal shall take the form of a new application.

8.5  Permits: Permits issued by the Inland Wetlands Agency may carry the following list of conditions:

8.5.1 Any permit issued under this section for the development of property for which an approval is required under section Connecticut General Statutes 8-3, Connecticut General Statutes 8-25 or Connecticut General Statutes 8-26 shall be valid for five (5) years provided the agency may establish a specific time period within which any regulated activity shall be conducted. Any permit issued under this section for any other activity shall be valid for not less than two (2) years and not more than five (5) years. Any such permit shall be renewed upon request of the permit holder unless the agency finds that there has been a substantial change in circumstances which requires a new permit application or an enforcement action has been undertaken with regard to the regulated activity for which the permit was issued provided no permit may be valid for more than ten (10) years.

8.5.2 If a bond or issuance is required in accordance with section 8.8 of these regulations, no permit shall be issued until such bond or insurance is provided.

8.5.3 If the activity authorized by the inland wetland permit also involves an activity or project which requires zoning or subdivision approval, special permit, variance or special exception, no work pursuant to the wetland permit may begin until such approval is obtained.

8.6  Construction notification: The permittee or contractor for the development shall notify the office of the Agency forty-eight (48) hours prior to the start date of the project. Should the permittee or contractor wish to stop construction activities for one (1) week or more, notification must be given forty-eight (48) hours prior to resuming the project. Inspections shall be requested by the applicant for the following stages of work:

8.6.1 Prior to commencing site clearance and after construction work has been staked out.

8.6.2 Prior to commencing excavation and grading of streets, embankments or ponds and any drainage in or emptying in a wetland or watercourse.

8.6.3 Prior to the removal of any erosion control structures and before acceptance of any road by the town or certificate of occupancy from building/zoning. No work shall be commenced on succeeding stages of construction in regulated areas until required inspection has been made and approved by the Agency or its designated agent. The Agency or its designated agent may issue orders pursuant to section 9.6 of these regulations for work not complete or in accordance with these regulations or the terms of permit.

Prior to commencing site work activity, the contractor shall sign-off for the receipt and understanding of all terms and conditions of the permit. Said written acknowledgment shall be on file in the office of the commission.

8.7  Permit extensions and/or renewals: Any application to extend the expiration date of a previously issued permit or amend an existing permit shall be filed with the Agency at least sixty-five (65) days prior to the expiration date for the permit in accordance with section 7 and 8 of these regulations. Any application for amendment, renewal or extension shall be made in accordance with this section provided:

8.7.1 The application may incorporate by reference the documentation and record of the original application;

8.7.2 The application shall state the reason why the authorized activities where not initiated or completed within the time specified in the permit;

8.7.3 The application shall describe any changes in facts or circumstances involved with or affecting wetlands or watercourses of the property for which the permit was issued;

8.7.4 The Agency may accept an untimely application to extend the expiration date of a permit if the authorized activity is ongoing and allow the continuation of work beyond the expiration date if in its judgement, the permit is likely to be extended and the public interest or environment will be best served by not interrupting the activity. 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.

8.7.5 The Agency shall evaluate the application pursuant to section 7 of these regulations and grant the application as filed, grant it with any terms or limitations, or deny it.

8.7.6 A fee for each permit renewal shall be twenty-five dollars ($25.00).

8.8  Bond and insurance: Upon approval of a proposed regulated activity or use and prior to issuance of a wetlands permit the applicant, at the discretion of the Agency, may be required to file the following with the Agency:

8.8.1 A cash performance bond, in form and amount acceptable to the Agency and town counsel to guaranty: a) compliance with all provisions of these regulations and conditions imposed by the Agency in connection with approval of the activity, b) conduct of the activity and completion of work in accordance with representations and plans submitted by the applicant, c) restoration and maintenance of the regulated area in the event of noncompliance, and d) setting of permanent 4 × 4 wooden posts delineating the wetland setback boundary as shown on final plans.

8.8.2 A certification by the applicant that public liability insurance is in effect covering any and all damages which might occur within three (3) years of completion of the regulated activity; such insurance shall be in an amount acceptable to the Agency and commensurate with the scope of the activity.

(Ord. of 11-14-89; Ord. of 4-11-95; Res. of. 5-11-05)