Sidebar Inland Wetlands and Watercourses Regulations- Section 3

Online version is NOT official, it is only for use as a reference.
Official copies can be viewed or purchased at the
Department of Planning, Conservation, and Development.

SECTION 3- APPLICATION PROCEDURE

  • 3.1- No person conduct or maintain a regulated activity without first applying for and having obtained a permit for such activity from the Agency.
  • 3.2- Application shall be made by the property owner of record or the duly authorized agent of such owner, such authorization to be in writing.
  • 3.3- 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 in Berlin, Cromwell, Meriden, Durham, Middlefield, Haddam or Portland, the applicant shall give written notice of proposed activity, certified mail return receipt requested, to adjacent municipal Wetlands Agency on the same day of filing an Inland Wetlands permit application with the City of Middletown Inland Wetlands and Watercourses Agency. Documentation of such notice shall be provided to the City of Middletown Inland Wetlands and Watercourses Agency.
  • 3.4- The Agency of any municipality shall notify the clerk of any adjoining municipality of the pendency of any application, petition, request or plan concerning any project on any site in which:
    1. Any portion of the property affected by a decision of such inland wetlands commission is within five hundred (500') feet of the boundary of the adjoining municipality;
    2. 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;
    3. 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,
    4. Water run-off from the improved site will impact streets or other municipal or private within the adjoining municipality.
    Such notice shall be made by certified mail, return receipt requested, and shall be mailed within seven (7) days of the date of receipt of the application, petition, request or plan. No hearing may be conducted on any application, petition request or plan unless the adjoining municipality has received the notice required under this section. Such adjoining municipality may, through a representative, appear and be heard at any hearing on any such application, petition, request or plan.
  • 3.5- The Agency requires submission of the complete application to its designated agent eight (8) working days prior to its regular meeting in order for the application to be included on the agenda.
  • 3.6- A complete application is comprised of the following:
    1. Completed application form, entitled "Application for Inland Wetlands and Watercourses Development", which shall include:
      1. The applicant's name, home and business address and telephone numbers;
      2. The owner's name, address and telephone number and written consent if the applicant is not the owner of the property involved in the application;
      3. Applicant's interest in the land;
      4. The geographical location 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 inland wetlands and watercourses, area(s) of wetlands or watercourse disturbance, soil type(s) and vegetation and the number of acres of wetlands involved;
      5. The purpose and a description of the proposed activity;
      6. Alternatives considered by the applicant and why the proposal to alter wetlands set forth in the application was chosen. These alternatives shall be diagrammed on a site plan or drawing and submitted to the Agency as part of the application;
      7. A site plan showing existing and proposed conditions in relation to wetlands and watercourses;
      8. Names and addresses of adjacent-property owners;
      9. 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.
      10. Authorization for the Commissioners and agents of the Agency to inspect the property, at reasonable times, both before and after a final decision has been issued; and 
      11. Any other information the Agency deems necessary to the understanding of what the applicant is proposing.
    2. If the proposed activity involves a significant activity as determined by the Agency and defined in Section 2 of these Regulations, additional information, based on the nature and anticipated effects of the activity, including but nor limited to the following is required:

      A site plan or map shall be submitted, drawn at a scale of 1"=40' and shall be prepared and sealed by a professional engineer licensed by the State of Connecticut. Such plan or map shall show the property boundaries with the horizontal control based upon the Connecticut coordinate system and the vertical control for elevation and sounding of which is based upon U.S. Geological Survey datum and shall be a Class A-2 survey signed and sealed by a land surveyor licensed in the State of Connecticut. Sheet size shall be 12' x 18" x 24" x 35". This map shall be the same site plan or map as presented to the Planning & Zoning Commission and shall include the following, if a public hearing is required:...

      1. Property lines of the real property to be affected, the owner of record of that property and of adjoining properties and the structures existing on the affected property;
      2. Areas of proposed changes in use or activity;
      3. Locations of wetlands or watercourses on or near the affected property;
      4. Locations of all borings and soil samples data and the map to be signed by the soil scientist;
      5. Existing topography at two (2') foot contour intervals;
      6. All existing and proposed drainage structures;
      7. Locations of all existing and proposed wastewater treatment facilities;
      8. Areas where materials will be deposited or moved;
      9. Location of all existing or proposed construction within a watercourse;
      10. Proposed grading at two (2') foot contours;
      11. Boundaries of regulated areas and soils classifications (USDA) for each regulated area.
      12. Additional information on the map. For the purpose of adequately locating and identifying the area for which a permit is requested, the following information shall also be incorporated onto the site plan:
        1. North arrow;
        2. All distance with angles or bearings;
        3. All merestone or pins;
        4. Title block, including: name of project; name of owner; name of applicant; date of original plan and reference to the official Inland Wetlands and Watercourses Map for Middletown, Connecticut;
        5. Revision block;
        6. Scale;
        7. Key map or location plan reference to the City's mapping;
        8. Approval block.
      13. Site Plan Report
        1. Biological evaluation of affected wetland(s):
          1. dominant botanical species, rare species and wetland characteristic of flora;
          2. habitat value for wildlife species;
          3. depth to groundwater table or level of water, if inundated, according to USGS standards for percolation tests.
        2. Material analysis:
          1. volume (cubic yards);
          2. nature of materials;
          3. define procedures by which property will be protected from erosion and leaching of deposited materials.
        3. Description of all proposed structures and their construction
        4. The effect of proposed activity on any associated watercourses:
          1. pH;
          2. turbidity;
          3. bacteria;
          4. flow.
        5. Measures which would mitigate the impact of the proposed activity. Such measures include, but are not limited to, plans or actions which avoid destruction or diminution of wetlands or watercourse functions, recreational uses and natural habitats, which prevent flooding, degradation of water quality, erosion and sedimentation and obstruction of drainage, or which otherwise safeguard water resources.
    3. The applicant shall certify whether:
      1. Any portion of the property on which the regulated activity is proposed is located within 500 feet of the boundary of an adjoining municipality;
      2. Traffic attributable to the completed project on the site will use streets within the adjoining municipality to enter or exit the site;
      3. Sewer or water drainage from the project site will flow through and impact the sewage or drainage system within the adjoining municipality; or,
      4. Water run-off from the improved site will impact streets or other municipal or private property within the adjoining municipality.
    4. A check payable to the City of Middletown for the proper amount indicated in the schedule of fees of these regulations.
      (Amended effective 10/15/93)
  • 3.7- The "Application" shall be made available in the manner specified under Section 14 of these regulations.
  • 3.8- The date of receipt of such application shall be the date of the next regularly scheduled meeting of the Agency immediately following the date of said application, provided such meeting is no earlier than three (3) business days after receipt, at which such application is officially received by the Agency, or thirty-five (35) days from the date of the application, whichever is sooner. Submission of applications between eight (8) and three (3) business days before a regularly scheduled meeting of the Agency will not be guaranteed a place on the agenda.
  • 3.9- At any time during the review period, the Agency may require the applicant to provide more information about the wetlands and/or watercourses in question and/or the proposed activity, which the Agency or its designated agent deems pertinent to make a decision on the application. This information shall be submitted before the next regularly scheduled meeting. Requests for additional information by the Agency shall not stay the time limitations as set forth in subsection 8.4 of these regulations. Any "news" information beyond these requests shall be submitted at least eight (8) working days before the next regularly scheduled meeting.
  • 3.10- An application deemed incomplete by the Agency shall be withdrawn by the applicant or denied by the Agency.
  • 3.11- If an application to the Planning and Zoning Commission for site plan review, special permit, special exception, subdivision or resubdivision involves an activity regulated by the Inland Wetlands Agency, the applicant shall submit an application for a permit to the Agency on the same day as such application is filed with the Planning and Zoning Commission. The report of the Agency, with its final decision on the application, must be submitted to the Planning and Zoning Commission prior to rendering of a decision on said site plan, special permit, special exception, subdivision or resubdivision.
  • 3.12- No person shall conduct any regulated activity within an inland wetland or watercourse which requires zoning or subdivision approval without first having obtained a valid certificate of zoning or subdivision approval, special permit, special exception or variance or other documentation establishing that the proposal complies with the zoning or subdivision requirements of the City of Middletown.
  • 3.13- Failure to file the required information or obtain a permit for activity in a wetland may subject the violator to a penalty according to the provisions of Section 22a-44b of the Connecticut General Statutes.
  • 3.14- 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.
  • 3.15- No retention ponds are allowed in a wetland if there is an alternative site outside the wetland. If there is no alternative site and no alternative solution to stormwater management, detention ponds in a wetland may be considered. If a detention pond is allowed:
    1. Effective maintenance of such shall be performed by the property owner;
    2. Access to such pond for maintenance shall be kept open by the property owner and shall not have an adverse impact on the wetland.
  • 3.16- Reed Canary grass is not allowed as a cover in the wetlands.
  • 3.17- (Reserved For: CALCULATION OF LOT SIZE WHERE WETLANDS ARE INVOLVED.)
  • 3.18- Designation of the wetland boundary shall be recorded in the deed as referenced on the map approved by the Inland Wetlands and Watercourses Agency.
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