15.1 These regulations and the official Inland Wetlands and Watercourses Map for the Town of East Hampton may be amended, from time to time, by the Agency in accordance with changes in the Connecticut General Statutes or regulations of the State Department of Environmental Protection, or as new information regarding soils and inland wetlands and watercourses becomes available.
15.2 An application filed with the Agency which is in conformance with the applicable inland wetlands regulations as of the date of the receipt of such application shall not be required thereafter to comply with any change in inland wetland regulations, including changes to setbacks and buffers, taking effect on or after the date of such receipt and any appeal from the decision of such agency with respect to such application shall not be dismissed by the Superior Court on the grounds that such change has taken effect on or after the date of such receipt. The provisions of this section shall not be construed to apply (1) to the establishment, amendment, or change of boundaries of inland wetlands or watercourses or (2) any change in regulations necessary to make such regulations necessary to make such
regulations consistent with the provisions of the Act as of the date of such receipt.
15.3 These regulations and the Town of East Hampton 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 map amendments (determinations of boundaries), at least thirty five (35) days before the public hearing on their adoption.
(Note: Application fee schedules shall be adopted as Agency regulations or as otherwise provided by town ordinance.)
15.4 Petitions requesting changes or amendments to the “Inland Wetlands and Watercourses Map, East Hampton, Connecticut” shall contain at least the following information:
a. The applicant’s name, address and telephone number;
b. The owner’s name (if not the applicant), address, telephone number, and a written consent to the proposed action set forth in the application;
c. Applicant’s interest in the land;
d. Map(s) showing the geographic location of the land affected by the petition and the existing and the proposed wetland(s) and watercourse(s) boundaries on such land in accurate detail together with the documentation supporting such proposed boundary locations.
e. The reasons for the requested action;
f. The names and addresses of adjacent property owners; and
g. A map showing proposed development of the property and site location map.
15.5 Any person who submits a petition to amend the Inland Wetlands and Watercourses Map, East Hampton, Connecticut, shall bear the burden of proof for all requested map amendments. Such proof may include, but is not limited to, professional interpretation of aerial photography and remote sensing imagery, resource mapping, soils mapping, or other information acceptable to the Agency. If such person is the owner, developer or contract purchaser of the land which is the subject of the petition, or if such person is representing the interests of such an owner, developer or purchaser, in addition to the information required in subsection 15.4, the petition shall include;
a. the name, mailing address and telephone number of the owner(s) of such land and owner(s) agent or other representative;
b. the names and mailing addresses of the owners of abutting land;
c. documentation by a soil scientist of the distribution of wetland soils on said land. Such documentation shall at a minimum include the report of the soil scientist documenting the location of wetland soils on the land and a map of the said land indicating the flag locations set by the soil scientist and defining the boundaries of wetland soil types; and
d. map(s) showing any proposed development of the land in relation to existing and proposed wetland and watercourse boundaries.
15.6 The Agency may require the petitioner to present documentation by a soil scientist 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 soil scientist on which the flag locations defining the boundaries of the regulated soil types are depicted.
15.7 A public hearing shall be held on petitions to amend the regulations and the Inland Wetlands and Watercourses Map. Notice of the hearing shall be published in a newspaper having general circulation in the municipality where the land that is the subject of the hearing is located at least twice at intervals of not less than two (2) days, the first not more than fifteen (15) days nor less than ten (10) days, and the last not less than two (2) days, before the date set for the hearing. All materials including maps and documents relating to the petition shall be open for public inspection.
15.8 The Agency shall hold a public hearing on a petition to amend the regulations and the Inland Wetlands and watercourses Map within sixty-five (65) days after receipt of such petition. The hearing shall be completed within thirty-five (35) days after commencement. The Agency shall act upon the changes requested in such petition within sixty-five (65) days after completion of such hearing. At such hearing, any person or persons may appear and be heard and may be represented by agent or attorney. The petitioner may consent to one or more extensions of any period specified in this subsection provided the total extension of all such periods shall not be for longer than sixty-five (65) days or may withdraw such petition. Failure of the 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, in writing, the reasons why the change in the Inland Wetlands and Watercourses Map was made.
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