SECTION 11 DECISION PROCESS AND PERMIT | |||||||
11.1 The Agency may grant the application as filed; ;grant it upon such term, conditions, limitations or Modifications necessary to carry out the purposes of the Act; or deny it | |||||||
11.2 No later than sixty-five (65) days after receipt of an application, the Agency may hold a public hearing on such application. The hearing shall be completed within forty-five (45) days of its commencement, and action shall be taken on applications within thirty-five (35) days after completion of a public hearing. In the absence of a public hearing, action shall be taken on applications within sixty-five (65) days from the date of receipt of the application. (The Agency does not have the authority to table or reject an application for incompleteness. An application deemed incomplete by the Agency must either be withdrawn by the applicant or denied by the Agency.) | |||||||
11.3 The Agency shall state upon its record the reasons and bases for its decision; and, in the case of any public hearing, such decision shall be based fully on the record of such hearing and shall be in writing and shall incorporate a statement relative to the consideration of feasible and prudent alternatives. | |||||||
11.4 The Agency shall notify the applicant and any named parties to the proceeding of its decision within fifteen (15) days of the date of the decision by certified mail return receipt requested, and agency shall cause notice of its order in the issuance or denial of the permit, in a newspaper having general circulation in the town wherein the inland wetland or watercourse lies. A copy of all Agency decisions shall be forwarded to the Commissioner of Environmental Protection in such a form as prescribed by the Commissioner. | |||||||
11.5 If an activity authorized by the inland wetlands permit also involves an activity or project which requires zoning or subdivision approval; a special zoning permit variance or special exception, a copy of decision and report on the application shall be filed with the City of Shelton Planning, Zoning or Planning and Zoning Commission within fifteen days of the date of the decision. | |||||||
11.6 If the Agency denies an application, or if it grants an approval with terms, conditions, limitations or modifications; the applicant may attempt to modify, correct, or amend 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. | |||||||
11.7 If the Agency denies an application, the application shall not be resubmitted unless the proposal is modified in a fashion that reduces the impacts which resulted in the denial. Such submittal shall take the form of a new application. | |||||||
11.8 The approval shall expire three years from the date of decision unless otherwise specified or extended by the Agency. The approval shall also expire if the activity authorized within one (I)year form the date of decision. Once approval has expired, the permit shall be considered null and void. Extensions of approval shall be at the discretion of the Agency and may be subject to calling of a public hearing. All permits shall expire upon completion of the activities specified therein. | |||||||
11.9 No permit shall be assigned or transferred without the written notification to the Agency that proposed activity is the same as approved. The transfer of permit shall not be considered valid until acknowledged by the Agency. | |||||||
11.10 If a bond or insurance is required in accordance with Section 12 of these regulations, no permit shall be issued until such bond or insurance is provided. | |||||||
11.11 General provisions in the issuance of all permits: | |||||||
a. The permittee shall hold a pre-construction conference with the Wetland Coordinator/Enforcement Officer prior to any disturbance or alteration to the Site. Its purpose is to review the permit and its conditions.
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b. The applicant shall notify the Wetland Coordinator/Enforcement Officer at least 48 hours prior to any grading or stumping work and upon completion of work. The purpose is to review the proper and satisfactory installation of erosion and sedimentation controls, and restoration, and stabilization of the disturbed areas.
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c. The applicant shall submit any changes of the approved plans with a written request for permit amendment(s) are acceptable under the permit or if a new application is required.
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d. The applicant shall provide two (2) complete sets of final plans which reflect the conditions of approval. The submittal is required with sixty (60) days of receipt of the notice to verify compliance with the Agency approval.
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e. All work and all regulated activities conducted pursuant to the authorization shall be consistent with the terms, intent and conditions of this permit. Without limitation any structures, equipment, material, excavation, fill, obstruction, clearing and encroachments or regulated activities not specifically identified and authorized herein shall constitute a violation of the permit and may result in its modification, suspension, or revocation.
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f. In evaluation applications in which the Agency relied in whole or in part on information provided by the applicant, if such information subsequently proves to be false, deceptive or inaccurate, the permit may be modified suspended or revoked.
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g. All permits issued by the Agency are subject to and do not derogate any present or future rights or powers of the Agency or the City of Shelton, and convey no rights in real estate or material nor any exclusive privileges, and are further subject to any and all public and private rights and to any federal, state, and municipal laws or regulations pertinent to the property or activity.
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h. If the activity authorized by the inland wetland permit also involves an activity or a 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.
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1. The permittee shall take such necessary steps consistent with the terms and conditions of the permit, to control storm water discharges and to prevent erosion and sedimentation and to otherwise prevent pollution of wetlands and watercourses.
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