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Department of Planning, Conservation, and Development.

SECTION 15- AMENDMENTS

• 15.1- These regulations and the Official Inland Wetlands and Watercourses Map for the City of Middletown may, from time to time, be amended by the Agency in accordance with changes in the General Statutes or regulations of the State Department of Environmental Protection and as new information regarding soils, hydrology and botanical species peculiar to inland wetland and watercourses in the City of Middletown becomes available.
• 15.2- Any application to the Agency shall be judged according to the regulations in force on the date of receipt of its submission. More specifically, an application filed with an Inland Wetlands Agency which is in conformance with the applicable Inland Wetlands Agency Regulations as of the date of such receipt of such agency with respect to such application shall not be required thereafter to comply with any change in Inland Wetlands Regulations, (or boundaries) including changes to setbacks and buffer, taking effect on or after the date of such receipt. The provisions of this subsection 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 provision of Chapter 440 of the General Statutes as of the date of such receipt.
• 15.3- These regulations and the City of Middletown Inland Wetlands and Watercourses Map shall be amended in the manner specified in Section 22a-42a of the Connecticut General Statutes, as amended. The Agency shall provide the Commissioner of Environmental Protection with a copy of any proposed regulations and notice of the public hearing to consider any proposed regulations or amendments thereto, except determinations of boundaries, at least thirty-five (35) days before the public hearing on their adoption.
• 15.4- Petitions requesting changes or amendments to the "Inland Wetlands and Watercourses Map, Middletown, Connecticut" shall contain at least the following information:
  1. The applicant's name, address and telephone number;
  2. The owner's name (if not the applicant), address, telephone number and a written consent to the proposed action set forth in the application;
  3. Applicant's interest in the land;
  4. The geographic location of the property involved in the petition including a description of the land in sufficient detail to allow identification of the disputed wetland or watercourse areas;
  5. The reason for the requested action;
  6. The names and addresses of adjacent property owners; and,
  7. A site plan showing proposed development of the property.
• 15.5- The property owner shall present documentation by a certified soil scientists that the land in question does not have a soil type classified by the National Cooperative Soils survey as poorly drained, very poorly drained, alluvial or flood plain. Such documentation includes a map of the land in question signed by a certified soil scientist on which the flag locations defining the boundaries of the regulated soil types are depicted, along with their appropriate numerical designations at an accuracy of an A-2 survey standard established by the State of Connecticut Board or Registry for Professional Engineers and Land Surveyors.
• 15.6- Watercourses shall be delineated by a competent soil scientist, geologist, ecologist or other individual satisfactory to the Agency.
• 15.7- No regulations of an inland wetlands agency including boundaries of inland wetland and watercourse areas shall become effective or be established until after a public hearing in relation thereto is held by the inland wetlands agency, at which parties in interest and citizens shall have an opportunity to be heard. Notice of the time and place of such hearing shall be published in the form of a legal advertisement, appearing in a newspaper having a substantial circulation in the municipality at least twice at intervals of not less than two days, the firs not more than FIFTEEN days nor less than TEN days, and the last not less than two days, before such hearing, and a copy of such proposed regulation or boundary shall be filed in the office of the town, city or borough clerk as the case may be, in such municipality, for public inspection at least ten days before such hearing, and may be published in full in such paper. A copy of the notice and the proposed regulations or amendments thereto, except determinations of boundaries, shall be provided to the Commissioner of the Department of Environmental Protection at least thirty-five days before such hearing. Such regulations and inland wetland and watercourse boundaries may be from time to time, amended, changed or repealed, by majority vote of the inland wetlands agency, after a public hearing, in relation thereto, is held by the inland wetland agency, at which parties in interest and citizens shall have an opportunity to be heard and for which notice shall be published in the manner specified in this subsection. Regulations or boundaries or changes therein shall become effective at such time as is fixed by the inland wetlands agency, provided a copy of such regulation, boundary or change shall be filed in the office of the town, city or borough clerk, as the case may be. Whenever an inland wetlands 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 days after its adoption provided failure to submit such regulation, boundary or change shall not impair the validity of such regulation, boundary or change. All petitions submitted in writing and in a form prescribed by the inland wetlands agency, requesting a change in the regulations or the boundaries of an inland wetland and watercourse area shall be considered at a public hearing in the manner provided for establishment of inland wetlands regulations and boundaries within ninety days after receipt of such petition. The inland wetlands agency shall act upon the changes requested in such petition within sixty days after the hearing. The petition may consent to one or more extensions of the periods specified in this subsection for the holding of the hearing and for action of such petition. provided the total extension of any such period shall not be for longer than the original period as specified in this subsection, or may withdraw such petition. the failure of the inland wetlands agency to act within any time period specified in this subsection, or any extension thereof, shall be deemed to constitute approval of the petition.
• 15.8- Within ninety (90) days after receipt of a complete petition for a change in the mapped boundaries of any wetland or watercourse, the Agency shall hold a public hearing to consider the petition. The Agency shall act upon the changes requested in such petition within sixty (60) days after the hearing. The petitioner may consent to one or more extensions of the periods specified in this subsection for the holding of the hearing and for action on such petition, provided the total extension of any such period shall not be for longer than the original period as specified in this subsection, or the petitioner may withdraw such petition. the failure of the Inland Wetlands Agency to act within any time period specified in this subsection, or any extension thereof, shall not be deemed to constitute approval of the petition.
• 15.9- The Agency shall make its decision and state the reasons why the changes in the Inland Wetlands and Watercourses Map was made in writing.

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