INLAND WETLANDS
AND
WATERCOURSES REGULATIONS
OF THE
TOWN OF BRANFORD
Adopted June 14, 1990
Revised December 10, 1992
Revised January 23, 1998
Revised July 29, 1999
Revised September 14, 2001
Revised May 11, 2006
Revised March 22, 2007
Revised September 13, 2007
Effective Date: September 17, 2007
INLAND WETLANDS AND WATERCOURSES REGULATIONS
OF THE
TOWN OF BRANFORD
CONNECTICUT
INLAND WETLANDS AND WATERCOURSES COMMISSIONERS
Chairman:
Daniel E. Shapiro
Members:
Suzanne Botta
Carol R. Lemmon
Richard Orson Ph.D.
John Rusatsky
Robert Valley
Dr. Wesley Vietzke
Alternates:
Rick Ross
Megan Raymond
Jim Killelea
TOWN STAFF
Diana Ross Enforcement Officer
Katy Blanchette Assistant to Enforcement Officer
For information write or call:
Inland Wetlands and Watercourses Agency
Town Hall
P.O. Box 150
1019 Main St.
Branford, Connecticut 06405
Phone (203) 315-5351 Fax (203) 315-2188
email: inlandwetlands@branford-ct.gov
INLAND WETLANDS AND
WATERCOURSES REGULATIONS
OF THE
TOWN OF BRANFORD
TABLE OF CONTENTS
SECTION
PAGE
1 TITLE AND AUTHORITY
3
2 DEFINITIONS
4
3 INVENTORY OF REGULATED
AREAS
7
4 PERMITTED AND NON-REGULATED
USES 8
5 ACTIVITIES REGULATED BY THE
STATE
10
6 REGULATED ACTIVITIES TO BE
LICENSED
11
7 APPLICATION REQUIREMENTS
11
8 APPLICATION
PROCEDURES
15
9 PUBLIC
HEARINGS
16
10
CONSIDERATIONS FOR
DECISION
17
11
DECISION PROCESS AND
PERMIT
19
12
ACTION BY DULY AUTHORIZED
AGENT
21
13
BOND AND INSURANCE
21
14
ENFORCEMENT
22
15
AMENDMENTS
23
16
APPEALS
25
17
CONFLICT AND
SEVERANCE
25
18
OTHER PERMITS
25
19
APPLICATION
FEES
25
20
RECORDS RETENTION AND DISPOSITION
28
21
EFFECTIVE DATE OF REGULATIONS
28
SECTION 1
TITLE AND AUTHORITY
1.1 The inland wetlands and watercourses of the State of
Connecticut are an indispensable, fragile and irreplaceable
natural resource with which the citizens of the State have been
endowed. The wetlands and watercourses are an interrelated web
of nature essential for an adequate supply of surface and ground
water; for hydrological stability and control of flooding and
erosion; for the recharging and purification of groundwater; and
for the existence of many forms of animal, aquatic and plant
life.
Many inland wetlands and watercourses have been destroyed or are
in danger of being destroyed 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
significantly 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, and
from disturbances or destruction is in the public interest and
is essential to the health , welfare and safety of the citizens
of the State.
In furtherance of the foregoing
goals the Town of Branford Inland Wetland Commission hereby
adopts a “no net loss policy for all wetlands and
watercourses”. In furtherance of the no net loss policy the
Agency may require wetland mitigation which may include the
following:
a.
Avoidance, by evaluating
alternative development designs and sites.
b.
Minimization, by
implementing special design features and construction practices
so that impacts to wetlands can be minimized.
c.
Compensation by offsetting
remaining wetland losses.
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 wetlands
and watercourses by minimizing their disturbance and pollution;
by maintaining and improving water quality in accordance with
the highest standards set by federal, state or local authority;
by preventing damage from erosion, turbidity or siltation; by
preventing the loss of fish (and other beneficial aquatic
organisms), wildlife, and vegetation and the destruction of the
natural habitats thereof; by deterring and inhibiting the danger
of flood and pollution; by protecting the quality of wetlands
and watercourses for their conservation, and the economic,
aesthetic, recreational and other public and private uses and
values; and by 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 of generations yet unborn.
1.2 These regulations shall be known as the “Inland Wetlands and
Watercourses Regulations of the Town of Branford.”
1.3 The Branford Inland Wetands Commission was established in
accordance with an ordinance adopted January 16, 1974, and shall
implement the purposes and provisions of the Inland Wetlands and
Watercourses Act in the Town of Branford.
1.4 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.
1.5 The Agency shall enforce all provisions of the Inland
Wetlands and Watercourses Act and shall per, CGS Section
22a-42a(d), grant a permit for an application as filed grant
with other terms, conditions, limitations or modifications of
the regulated activity, or deny a permit for regulated
activities proposed with in the Town of Branford to carry out
the policies of Sections 22a-36 to 22a-45, inclusive, of the
Connecticut General Statutes, as amended.
SECTION 2
DEFINITIONS
2.1 As used in these regulations:
a.
“Act” means the Inland Wetlands and Watercourses Act, sections
22a-36 through 22a-45 of the Connecticut General Statutes, as
amended.
b.
“Agency” means the Inland Wetlands Commission of the Town of
Branford or its designated agent.
c.
"Best Management Practices" (BMPs), or Management Practices
means structures and procedures designed to minimize the impacts
of development on wetlands and watercourses. Such management
practices include, but are not limited to; erosion and
sedimentation controls; restrictions on land use and
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 or
watercourses; procedures for maintaining continuous stream
flows; confining construction that must take place in water
courses to times when water flows are low and fish and wildlife
will not be adversely affected.
d.
“Bogs” means areas usually distinguished by poor drainage,
highly acidic conditions, a layer of mosses, evergreen trees and
shrubs underlain by peat deposits.
e.
“Clear-cutting” means the harvest of timber in a fashion which
removes all species of trees down to a 2 inch diameter at breast
height.
f.
“Clearing” means removal of vegetation including but not
limited to woody species less than 2” in diameter
g.
“Commission” means the Inland Wetlands Commission of the Town of
Branford.
h.
“Commission member” means a member of Inland Wetlands Commission
of the Town of Branford.
i.
“Commissioner of Environmental Protection” means the
Commissioner of the State of Connecticut Department of
Environmental Protection.
j.
“Compensation” means the restoration, creation,
enhancement, and/or preservation of wetlands and/or other
aquatic resources to mitigate for unavoidable adverse impacts
which remain after all appropriate and practicable avoidance and
minimization has been achieved.
k.
“Continual flow” means a flow of water which persists for an
extended period of time: this flow may be interrupted by periods
of drought or during the low flow period of the annual
hydrological cycle, June through September, but it recurs in
prolonged succession.
l.
“Creation” means the establishment of a wetland or other
aquatic resource where one did not formerly exist.
m.
“Deposit” includes but shall not be limited to, fill, grade,
dump, place, discharge or emit.
n.
“Duly Authorized Agent” means an individual designated by the
Commission to carry out certain functions and purposes provided
such agent has completed the comprehensive training program
developed by the commissioner pursuant to CGS Section 22a-39(n).
o.
“Discharge” means the emission of any water, substance, or
material into waters of the Town of Branford, whether or not
such substance causes pollution.
p.
“Disturbing the natural and indigenous character of the land”
means the activity will significantly disturb an inland wetland
or watercourse by reason of removal or deposition of material,
clear-cutting, alteration or obstruction of water flow, or will
result in the pollution of the wetland or watercourse.
q.
“Enhancement” means an activity conducted in an existing wetland
and/or other aquatic resource which increase or create one or
more aquatic functions.
r.
“Environmental function” means any function the wetland
serves including but not limited to flood storage, wildlife and
plant utilization, ability to filter and recharge surface and
ground water systems and refuge for migratory and local wildlife
populations
s.
“Essential to the farming operation” means the activity proposed
is necessary and indispensable to sustain farming activities on
the farm.
t.
“Farming” includes agriculture, forestry, and aquaculture
as defined by CGS Section 1-1(q) and as determined by ruling of
the Agency.
u.
“Feasible” means able to be constructed or implemented
consistent with sound engineering principles
v.
"Habitats" means areas or environments in which an organism or
biological population normally occurs.
w.
“Intermittent watercourse” see definition under “Watercourses”.
x.
“License” means the whole or any part of any permit, certificate
of approval or
similar
form of permission which may be required by any person
by the provisions of
these regulations under
authority of the Agency.
y. “Like habitat” means a
wetland with at least the same environmental function as the
area impacted by regulated activity.
z. “Marshes” means areas with
soils exhibiting aquic moisture regimes, distinguished by the
absence
of trees and shrubs, and the
dominance of soft-stemmed herbaceous plants. The water table in
marshes is typically 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
aa. “Material” means any
substance, solid or liquid, organic or inorganic, including, but
not limited to
vegetation, soil,
sediment aggregate, land, gravel, clay, bog, peat, mud, debris,
sand, refuse or
waste.
bb. Municipality” means the
Town of Branford, New Haven County, Connecticut.
cc. “Nursery” means land
used for propagating trees, shrubs or other plants for
transplanting, sale, or
use as stock for grafting.
dd. “Permit” means the
whole or any part of a license, certificate of approval or
similar form of
permission which may
be required of any person by the provisions of these regulations
under the
authority of the
Agency.
ee.“Permittee” means the
individual to whom such permit has been issued.
ff. “Person” means any
individual, firm, partnership, association, corporation,
company, organization or legal entity of any kind, including
municipal corporations, governmental agencies or subdivisions
thereof.
gg.“Pollution” means the harmful
thermal effect or the contamination or rendering unclean or
impure of any waters of the Town of Branford by reason of any
waste or other materials discharged or deposited therein by any
public or private sewer or otherwise so as to directly or
indirectly come in contact with any waters. Pollution includes
but is not limited to, erosion and sedimentation resulting from
any filling, land clearing or excavation activity.
hh.”Preservation” means the
long-term protection of wetlands or other aquatic resource and
associated uplands through the implementation of legal and
physical mechanisms.
ii. “Prudent” means 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.
jj. “Re-creation” means the
re-establishment of a wetland and / or other aquatic resource
where one formerly existed.
kk.”Reclamation” means conversion
of wetland into dryer land suitable for cultivation or other use
by means including but not limited to draining, altering of
water hydrology that supports the wetland, or filling
ll. “Regulated activity” means
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 a wetland or
watercourse, but shall not include the activities specified in
section 4 of these regulations. Furthermore:
1.)
Any clearing, grubbing, filling, grading, paving, excavating,
constructing, depositing or removing of material, cutting of
vegetation (living or dead), or discharging of storm water on
land within100 feet measured horizontally from the boundary of
any wetland or watercourse is a regulated activity.
2.)
The Agency may rule that any activity that alters the existing
rate, or quality of any storm water discharge conveyed to a
regulated area or upland review area is likely to impact or
affect wetlands or watercourses and is a regulated activity.
3.)
The Agency may extend the upland review to the top of slope, if
steep slopes or erodible soils are present.
4.)
The Agency may rule that any 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.
mm.“Regulated area” means any
wetland or watercourse as defined in these regulations.
nn. “Remove” includes, is not be
limited to, drain, excavate, mine, dig, dredge, suck, grub,
clear cut timber, bulldoze, dragline or blast.
oo. “Rendering unclean or impure”
means any alteration of the physical, chemical or biological
properties of any water of the Town of Branford, including but
not limited to, change in odor, color, turbidity or taste.
pp. “Restoration” means returning
a degraded wetland and/or other aquatic resource closer to it’s
undegraded state.
qq. “Significant activity” means
any activity including, but not limited to, the following
activities which may have a substantial effect on the area for
which an application has been filed, or any other part of the
wetland of watercourse system:
1.)
Any activity involving deposition or removal of material which
may have a substantial effect on the regulated area or on
another part of the inland wetland or watercourse system, or
2.)
Any activity which substantially changes the natural channel or
may inhibit the natural dynamics of a watercourse system, or
3.)
Any activity which substantially diminishes the natural capacity
of the inland wetland or watercourse to support fisheries,
wildlife, or other biological life, prevent flooding, supply
water, assimilate waste, facilitate drainage, provide recreation
open space or other functions, or
4.)
Any activity which causes substantial turbidity, siltation, or
sedimentation in a wetland or watercourse, or
5.)
Any activity which causes a substantial diminution of flow of a
natural watercourse, or groundwater levels of the regulated
area, or
6.)
Any activity which causes or has the potential to cause
pollution of a wetland or watercourse, or
7.)
Any activity which creates conditions of an inland wetland or
watercourse which may adversely affect the health, welfare, and
safety of any individual of the community, or
8.)
Any activity which destroys unique wetland or watercourse areas
having a demonstrable scientific, educational or ecological
value,
rr. “Soil Scientist” means an
individual duly qualified in accordance with standards set by
the Federal Office of Personnel Management
ss. “Submerged lands” means those
lands which are inundated by water on a seasonal or more
frequent basis.
tt. “Swamps” means areas with
soils exhibiting aquic moisture regimes, dominated by wetland
trees and shrubs.
uu. “Town” means the Town of
Branford, New Haven County in the State of Connecticut.
vv. “Upland Review Area” means
any area on which activities are likely to impact or affect
wetlands or watercourses.
ww.“Vernal” means appearing or
occurring in the spring.
xx. “Waste” means sewage, or any
natural or man-made substance (liquid, gaseous, solid or
radioactive) which may pollute or tend to pollute any of the
waters of the Town of Branford.
yy. “Watercourses” means 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 of Branford or any portion
thereof not regulated pursuant to section 22a-28 through 22a-35a
of the Connecticut General Statutes as amended. 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.
zz. “Wetlands” means land,
including submerged land not regulated pursuant to sections
22a-28 to 22a-35a of the Connecticut General Statutes as
amended, which consist of any of the soil types designated as
poorly drained, very poorly drained, alluvial and flood plain by
the National Cooperative Soils Survey, as may be amended from
time to time, of the National Resources Conservation Service of
the U.S. Department of Agriculture.
SECTION 3
INVENTORY OF REGULATED AREAS
3.1 The map of regulated areas, entitled “Inland Wetlands and
Watercourses Map, Branford, Connecticut,” delineates the general
location and boundaries of inland wetlands and the general
location of watercourses. Copies of this map are available for
inspection in the office of the Town Clerk or the Inland
Wetlands Agency. In all cases, the precise location of
regulated areas shall be determined by the actual character of
the land, the distribution of regulated soil types, and
locations of watercourses. The Agency may use aerial
photography, remote sensing imagery, resource mapping, global
positioning systems, soils maps, site inspection observations or
other information in determining the boundaries of the wetlands
and watercourses.
3.2 Any property 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 section 15 of these
regulations. Such map amendments applications are subject to
the application requirements and public hearing process outlined
in Section 15 of these regulations.
3.3 The Agency or its designated agent(s) shall maintain a
current inventory of regulated areas within the town. The
Agency 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 map amendment applications are
subject to the application requirements and public hearing
process outlined in section 15 of these regulations.
SECTION 4
PERMITTED USES AS OF RIGHT & NON-REGULATED USES
4.1 The following
operations and uses shall be permitted in inland wetlands and
watercourses, as of right per CGS 22a-40(a). The Agency makes
the determination as to whether a proposed activity meets the
definition that it is as of right or is a regulated activity.
a.
Grazing, farming, nurseries, gardening and harvesting of crops
and creation of farm ponds of three acres or less essential to
the farming operation, and activities conducted by, or under
authority of, the Department of Environmental Protection for the
purposes of wetland or watercourse restoration or enhancement
or mosquito control. The provisions of this subsection shall
not be construed to include:
1.)
road construction or the erection of buildings not directly
related to the farming operation,
2.)
relocation of watercourses with continual flow,
3.)
filling or reclamation of wetlands,
4.)
filling or reclamation of watercourses with continual flow,
5.)
clear cutting of timber except for the expansion of agricultural
crop land,
6.)
or
the mining of top soil, peat, sand, gravel or similar material
from wetlands or watercourses for the purposes of sale.
b.
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 of Connecticut
General Statutes, as amended, or as of July 1, 1974, whichever
is earlier, and further provided no residential home shall be
permitted as of right pursuant to this subsection unless the
building permit was obtained on or before July 1, 1987. The
individual claiming a use of wetlands permitted as a right under
this subsection 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 entitlement;
c.
Boat anchorage or mooring, not to include dredging or dock
construction;
d.
Uses incidental to the enjoyment or maintenance of
residential property, such property defined as equal to or
smaller than the largest minimum residential lot size permitted
anywhere in the municipality and containing a residence. Such
incidental uses shall include maintenance of existing structures
and landscaping, but shall not include removal or deposition of
substantial amounts of material from or into a wetland or
watercourse, or diversion or alteration of a watercourse;
e.
Construction and operation, by water companies as defined
by section 16-1 of the Connecticut General Statutes as amended
or by municipal waterworks systems as provided for in Chapter
102 sections 7-234 through 7-244a of the Connecticut General
Statutes, as amended, 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-415 of the Connecticut General
Statutes as amended.
f.
Maintenance relating to any drainage pipe which existed
before the effective date of any municipal regulations adopted
pursuant to section 22a-42a 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 the 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.
4.2
The following operations and uses shall be permitted as a
non-regulated use 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 per CGS 22a-40(b). The Agency makes the
determination as to whether a proposed activity meets the
definition that it is a non-regulated use or is a regulated
activity:
a.
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.
b. 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.
4.3 All activities in wetlands or watercourses involving
filling, excavation, dredging, clearing of vegetation, clear
cutting, grading, and excavation or any other alteration or use
of a wetland or watercourse not specifically permitted by this
section shall require a permit from the Commission in accordance
with section 6 of these regulations.
4.4 To carry out the purposes of
this section, any person proposing to carry out a permitted
operation or non-regulated use of a wetland or watercourse which
may disturb the natural and/or indigenous character of the land
shall, prior to commencement of such operation or use, request a
determination by the Agency on a form provided by it, and
provide the Agency with sufficient information to enable it to
properly determine that the proposed operation or use is a
permitted or non-regulated use of the wetland or watercourse.
The Agency shall rule that the proposed operation or use is
permitted or non-regulated, or that a permit is required. Such
ruling shall be in writing, with a copy retained by the
Commission, and shall be made within 65 days after request is
heard by the Commission.
SECTION 5
ACTIVITIES REGULATED BY THE
STATE
5.1 In addition to any permit or approval required by the
Agency, the Commissioner of Environmental Protection shall
regulate activities in or affecting wetlands or watercourses
subject to the following jurisdiction:
a. Construction
or placement of any obstruction within stream channel
encroachment lines pursuant to sections 22a-342 through 22a-349
of the Connecticut General Statutes, as amended;
b. 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;
c. Diversion of
water in excess of fifty thousand (50,000) gallons per day or
any surface waters of the State where the tributary watershed
area above the point of diversion is 100 acres or larger
pursuant to sections 22a-365 through 22a-378 of the Connecticut
General Statutes, as amended;
d. Discharges
into the waters of the State pursuant to section 22a-430 of the
Connecticut General Statutes, as amended.
e. 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 as
amended.
5.2 The
Commissioner of Environmental Protection shall have exclusive
jurisdiction over regulated activities and other activities, in
or affecting wetlands or watercourses, undertaken by any
department, agency or instrumentality of the State of
Connecticut, except any local or regional board of education,
(1) after an advisory decision on such license or permit has
been rendered to the Commissioner by the wetland agency of the
municipality within which such wetland is located, or (2)
thirty-five days after receipt by the Commissioner of such
application, whichever occurs first.
5.3 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.
5.4 The
Commissoner 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
sections 22a-403 or 22a-411 of the Connecticut General Statutes,
as amended. Any person receiving such dam repair permit or
removal order or dam construction permit shall not be required
to obtain a permit from a municipal wetlands agency for any
action necessary to comply with said dam order or to carry out
the activities by said dam permit.
SECTION 6
REGULATED ACTIVITIES TO BE LICENSED
6.1 No person shall conduct or maintain a regulated activity
without first obtaining a permit for such activity from the
Inland Wetlands Commission of the Town of Branford.
6.2 The Agency shall regulate 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 and any other
regulated activity, unless such operation or use is permitted as
of right or non-regulated pursuant to section 4 of these
regulations.
6.3 Any person found to be conducting or maintaining a regulated
activity without the prior authorization of the Inland Wetlands
Commission, or violating any other provision of these
regulations, shall be subject to the enforcement proceedings and
penalties prescribed in section 14 of these regulations and any
other remedies as provided by law.
SECTION 7
APPLICATION
REQUIREMENTS
7.1 Any person
wishing to undertake a regulated activity shall apply for a
permit on a form entitled “Branford Inland Wetlands Commission -
Application for Permit.” An application shall include an
application form and such information as prescribed by
subsection 7.4 and, in the case of a significant activity, such
information as prescribed by section 7.5 of these regulations.
Application forms may be obtained in the offices of the Inland
Wetlands Agency.
7.2 All
applications shall contain such information that is necessary
for a fair and informed determination of the issues.
7.3 The Agency and the applicant
may hold a pre-application meeting.
7.4 All
applications shall include the following information in writing,
or on maps or drawings:
a.
The applicant’s name, home and business addresses and
telephone numbers;
b.
The owner’s name, address and telephone number and
written consent of all the landowner(s) if
the applicant is not the owner of the property involved in
the application;
c.
Certification that the applicant is familiar with all the
information provided in the application and is aware of the
penalties for obtaining a permit through deception or through
inaccurate or misleading information.
d.
The geographical location of the property which is to be
affected by the proposed activity,
e.
A computation of the area(s) of wetland or watercourse
disturbance, upland review area disturbance, total are of
disturbance, areas of compensation, percentage of impervious
cover;
f.
A narrative describing the proposed activity, any impacts
to regulated areas which may occur, are reasonably related to,
or are made inevitable by the proposed regulated activity,
proposed erosion and sedimentation controls and other management
practices (best management practices) which would mitigate
impacts from the proposed regulated activity(ies) 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) compensation (Section 11.12) in
the following order of priority: restore, enhance and create
productive wetland or watercourse resources (Section 7.6);
g.
Original soils report signed by the soil scientist if
applicable
h.
Alternatives considered by the applicant and why the
alternatives were rejected in favor of the regulated activities
proposed in the application. The applicant shall be prepared to
discuss alternatives at the hearing. The Commission reserves
the right to ask for diagrams and a written narrative of
alternative plans with the application;
i.
Plan set as deemed necessary by the Agency, drawn,
signed, and sealed by a licensed surveyor or professional
engineer meeting the accuracy of an A-2 survey, or by a
landscape architect registered in the State of Connecticut or by
such other qualified person acceptable to the Agency, to include
but not limited to the following:
1.
Existing conditions identifying complete legend,
site location, all existing features including but not limited
to boundaries of land ownership, adjacent property owners,
existing topography (2 foot contours), existing structures,
delineated wetlands, watercourses, and upland review area
boundaries, and approximate wetlands and watercourses on
adjacent properties within 100 feet of the existing property
boundary. Also to include areas where contamination has been
identified.
2.
Proposed conditions to include existing conditions
and proposed site conditions including but not limited to
identification of proposed regulated activities in relation to
wetlands, watercourses, and their watersheds, and any impacts to
the regulated areas which may occur, proposed limits of
disturbance, clearing or cutting of vegetation, blasting,
excavation, filling, grading, construction, compensation etc.
3.
Drainage and/or utility locations identifying all
proposed conditions including, grading, drainage and utilities
structures.
4.
Soil erosion and sedimentation control plan.
5.
Detail sheets
6.
Other plans if applicable to include but not
limited to the following:
i. title sheet,
ii. construction plans to include, sequencing, phasing,
temporary staging areas, material
storage piles, access roads, storm water BMPS, blasting,
wood chipping or rock
crushing operations, etc.
iii. plan and profiles
iv. landscape plan to include genus/species of proposed plants
v. pre and post site watershed maps,
vi. local watershed map identifying all pre and post discharges
from the site and the
wetlands and watercourses to which discharges are
ultimately delivered
vii.subdivision map
j.
Engineering or other reports as required by the Agency,
k.
Authorization for the commissioners and agents of the
Commission to inspect the property, at reasonable times, both
before and after a final decision has been issued.
l.
Any other information the Agency deems necessary to the
understanding of the activity proposed.
m.
Submission of the appropriate filing fee based on the fee
schedule established in section 19 of these Regulations.
n.
A copy of the tax map showing existing land owners for
all parcels included in the application. List of names and
mailing addresses of adjacent landowners,
o.
A reporting form shall be completed during the
application process which provides the Commissioner of the
Department of Environmental Protection with information
necessary to properly monitor the inventory of State wetlands.
The Agency shall be responsible for the remaining information
and any corrections on the form and for filing it in accordance
with section 22a-39-14 of the Inland Wetlands and Watercourses
Regulations of the Department of Environmental Protection.
7.5 If the proposed activity involves a significant activity as
determined by the Agency and defined in section 2.1.qq of these
regulations, the following information is also required by the
Agency.
a.
All items listed and described in Section 7.4 .
b.
Plans shall meet the accuracy of an A-2 survey and be
drawn, signed and sealed by a licensed surveyor or professional
engineer/surveyor.
c.
Engineering reports and analyses, are to include
calculations, graphic hydrographs, and drawings which are
necessary to fully describe the drainage or hydraulic
modifications to wetlands and/or watercourses
d.
Wetlands shall be delineated and flagged in the field by a
qualified soil scientist and be located and incorporated onto
the plans by a licensed surveyor. Soils mapped are to be
consistent with the categories established by the National
Cooperative Soil Survey of the U.S. Natural Resource
Conservation Service. An original soils report describing the
investigation and signed by the soil scientist is required.
e. Description of the ecological communities and functions of
the wetlands or watercourses involved with the application and
the effects of the proposed regulated activities on these
communities and wetland functions;
f. 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 the
alternatives considered, and a description of why each
alternative considered was deemed neither feasible nor prudent;
g. Analysis of chemical or physical characteristics of any
fill material;
h. Proposed compensation which mitigates impacts of the
proposed activity. Such measures may include, but are not
limited to, plans or actions which avoid negative impacts,
destruction or diminution of wetlands or watercourses including
but not limited to their functions, physical characteristics,
vegetation, recreational uses, natural drainage patterns, water
quality, and natural habitats. Also, which prevents flooding,
degradation of water quality, erosion and sedimentation and
obstruction of drainage, or which otherwise safeguard water
resources.
i. Any environmental assessments performed on the site
including but not limited to Phase I, II, and/or III.
j. Demonstration that the release rate of storm water runoff of
the developed site shall not exceed the release rate and volume
of the undeveloped site for all intensities and durations of
rainfall up to a 100yr storm, essentially maintaining pre and
post development hydrographs or demonstrate why this is not
feasible or prudent.
k.
Demonstration that the project has been designed at a minimum in
accordance with guidance and recommendations set forth in the
2002 Connecticut DEP Soil Erosion and Sediment Control Manual
(as updated) and the 2004 Stormwater Quality Manual (as
updated), with particular attention to Chapter 7 applying the
RCV recommendations to all sites or demonstrate why this is not
feasible or prudent. Note: Treatment of the 1st
flush (1 inch) is to be by retention and infiltration on site.
Removal of fine sediments as well as larger sediments is to be
considered.
7.6 If the proposed activity
involves filling a regulated area then the following will be
required:
a.
All fill or wetland or watercourse disturbance greater
than 750 square feet will require compensation. Since it is not
possible to replace a mature functioning wetland or watercourse
with a created habitat, wetland or watercourse creation will be
at a ratio of 2:1 in area. The Commission may reduce the ratio
on a case by case basis, but cannot reduce the compensation to a
ratio below 1:1 in area. Compensation measures should be
considered in the following order of priority: restore, enhance
and create productive wetlands or watercourse resources.
b.
The priorities of location of wetland or watercourse
compensation shall be in the following order:
1.
Onsite
2.
Within the same sub-watershed
c.
The priorities of wetland creation and preservation shall
be considered in the following order:
1.
Like habitat
2.
A wetland habitat of different environmental function
from the impacted area.
d.
The compensation
activities will require compliance with Section 11.12.
If a wetland is created, enhanced
or restored as part of a compensation for regulated activity,
the new wetland area will become the new boundary of the
regulated area.
7.7 The applicant shall certify whether:
c.
Any portion of the property on which the regulated
activity is proposed is located within 500 feet of the
boundary of an adjoining municipality;
d.
Traffic attributable to the completed project on the site
will use streets within the adjoining municipality to enter or
exit the site;
e.
Sewer or water drainage from the-project site will flow
through and impact the sewage or drainage system within the
adjoining municipality;
f.
Water run-off from the improved site will impact streets
or other municipal or private property within the adjoining
municipality.
7.8 Twelve (12)
copies of the completed application form, narrative and soil
scientist report, 3 full sets of maps / plans, 11 legible
reduced size map/ plans, and application fee shall be submitted
to comprise a complete application, or as is otherwise directed,
in writing, by the Inland Wetlands Agency.
7.9
Any request to renew (extend the expiration date of) a
previously issued permit, shall be filed with the Agency prior
to a regular meeting which is scheduled prior to the expiration
date for the permit in accordance with this subsection Section
11.8 of these regulations and section 22a-42a(d)(2) of the
Connecticut General Statutes, provided:
a. The request shall state the reason why the authorized
activities were not initiated or completed within the time
specified in the permit;
b The request
shall describe any changes in facts or circumstances involved
with or affecting the wetlands or watercourses on the property
for which the permit was issued.
c. The request shall describe the extent of work completed at
the time of filing, and the schedule for completing the
activities authorized in the permit.
d A permit shall be renewed upon request provided it meets the
criteria set forth in Section 11.8 of these regulations and
section 22a-42a(d)(2) of the Connecticut General Statutes
7.10 A copy of
the“as built” site conditions may be required to be submitted to
the Agency prior to issuance of the Certificate of Occupancy or
upon completion of the project if no C.O. is required. The “as
built” must include, but is not limited to, the following:
a.
The location of the wetlands and watercourses
b.
Any Conservation Deed Restriction / Easements / Rights of Ways
c.
All foundations, driveways, and impervious surfaces
d.
All property boundaries.
As built may be required in the form of a digital file in a
format specified by the Agency unless
deemed unnecessary by the Agency.
SECTION 8
APPLICATION PROCEDURES
8.1.All
applications, requests, or appeals shall be submitted to with
the Inland Wetlands Agency of the Town of Branford.
8.2. In the case
of any application where any portion of the wetland or
watercourse on which the regulated activity is proposed is
located within 500 feet of the boundary of Guilford, East Haven
or North Branford, the applicant shall give written notice of
the proposed activity, certified mail return receipt requested,
to the affected adjacent municipal wetlands agency on the same
day of filing an inland wetlands permit application with the
Branford Inland Wetlands Agency. Documentation of such notice
shall be provided to the Branford Inland Wetlands Agency, in
accordance with section 22a-42c of the Connecticut General
Statutes, as amended.
8.3. The Agency
shall, in accordance with Connecticut General Statutes sections
8-7d(f)), 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:
a. any portion of the property affected by
a decision of the agency is within five hundred feet of the
boundary of the adjoining municipality.
b.
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;
c.
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
d.
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.
8.4. 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
thirty five (35) days after such submission, whichever is
sooner.
8.5. 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 25-32a of the Connecticut General Statutes,
as amended, the applicant shall provide written notice of the
application to the water company and the Commissioner of Public
Health in a format prescribed by said commissioner, provided
such water company or said commissioner 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 not later than seven days after the date of the
application. The water company and the Commissioner of Public
Health, through a representative, may appear and be heard at any
hearing on the application. Documentation of such notice shall
be provided to the Agency.
8.6. If a public
hearing is to be held on any application for a permit, all
substantive documentary evidence as determined by the agency in
support of the application shall be filed with the Agency and be
available for public inspection no less than five (5) business
days prior to the day of the hearing or any reconvening thereof.
If no public hearing is required, the agency requests that
documents be submitted for review three days before the meeting.
8.7. All
applications shall be open for public inspection.
8.8. Incomplete
applications may be denied. In the case of an incomplete
application, the Agency shall state the information that is
needed to complete the application.
8.9
The Commission may determine that plan revisions done
during the application process have altered the proposed project
so that it constitutes a “new application” if the revision(s)
have:
a. significantly
altered the regulated activities proposed or potential impacts
to the wetlands/watercourses, or
b. sufficiently
altered the engineering design so that a new complete peer
review must be performed rather than a simple update of the
original review, or
c. revisions have
been submitted at a time so late in the process that
insufficient time is available for review by the commissioners
and/or public, or
d. the quantity of
revisions have required repeated peer reviews leaving
insufficient funds (submitted per Section 19.5d.) available for
additional peer review of the revisions.
If the Commission determines that a new
application for permit must be submitted per this section,
the original application may be withdrawn or will be denied, and
a new application must be submitted.
SECTION 9
PUBLIC HEARINGS
9.1.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 twenty-five persons who are eighteen
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 agency not later than fourteen days after the
date of 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 sixty-five 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.
9.2 Notice of the
public hearing shall be published at least twice at intervals of
not less than two days, the first not more than fifteen days and
not fewer than ten 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 or
watercourse is located.
9.3 Notice of the
public hearing shall be mailed by the applicant to the owner(s)
of record of abutting land no less than ten (10) days prior to
the day of the hearing. Evidence of such mailing, in the form
of United States Post Office certificates of mailing, shall be
submitted to the Agency prior to the hearing date.
9.4 A sign shall
be posted on the subject land which states the date, time, and
place of the public hearing. Such sign will be provided by the
applicant and shall be visible and legible to passerbys on the
principle street on which the property is located. Such sign
shall indicate the general nature of the proposed activity for
which a permit is being sought. The sign shall be posted no
less than ten (10) days prior to the public hearing. The sign
shall be removed within 2 days of closing of the public hearing.
9.5 In the case
of any application which is subject to the notification
provisions of section 8.3 of these regulations, a public hearing
shall not be conducted until the clerk of the adjoining
municipality(ies) has received notice of the pending
application. Proof of such notification shall be entered into
the hearing record.
SECTION 10
CONSIDERATIONS FOR
DECISION
10.1 The Agency may consider the
following in making its decision on an application:
a.
The application and its supporting documentation;
b.
Public comments at a regular meeting, as well as evidence and
testimony from a public hearing;
c. Reports from other agencies
and commissions including, but not limited to, the Town of
Branford:
1. Conservation Commission
2. Planning and Zoning
Commission
