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 Bristol
 Code of Ordinances
 Appendix A. INLAND WETLANDS AND WATERCOURSES REGULATIONS

  § 11. Decision process and permit.  

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  • 11.1 The agency may grant the application as filed; grant it upon such terms, 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.

    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.

    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 and the agency shall cause notice of its order in the issuance or denial of the permit, [to be published] in a newspaper having general circulation in the city. 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 wetland permit also involves an activity or project which requires zoning or subdivision approval, a special zoning permit, variance or special exception, a copy of the agency's decision and report on the application shall be forwarded to the respective commission.

    11.6 If the Agency grants a permit with terms, conditions, limitations or modifications, the applicant may attempt to modify 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 purposes of appeal.

    11.7 If the agency denies a permit the application may be resubmitted if there has been a material change in the plan or other facts or circumstances to warrant reconsideration.

    11.8 The duration of any permit shall be for three (3) years unless otherwise specified in the permit or extended by the agency; provided the three-year expiration shall not apply to a subdivision lot approved by the agency if all construction meets the terms, conditions and stipulations of said permit. Unless it is renewed by the agency, the permit shall expire if the activity authorized therein is not initiated within eighteen (18) months from the date the permit was issued. Permit renewal and extension shall be at the discretion of the agency and may be subject to the calling of an additional public hearing. All permits shall expire upon the completion of the acts specified therein.

    11.9 No permit shall be assigned, transferred, sublet or sold without prior written notification to the agency.

    11.10 If a bond is required in accordance with section 12 of these regulations, no permit shall be issued until such bond is provided.

    11.11 General provisions in the issuance of all permits:

    (a)

    In evaluating 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, incomplete or inaccurate, the permit may be modified, suspended or revoked.

    (b)

    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 Bristol, 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.

    (c)

    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.

    (d)

    The permittee shall employ construction management practices, 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 in accordance with the "Connecticut Guidelines for Soil Erosion and Sediment Control" prepared by The Connecticut Council on Soil and Water Conservation, which plan shall be submitted to and approved by the agency or its designated agent(s) prior to the initiation of any activity. The disturbed area shall be revegetated within a period of time determined by the agency.

    11.12 The agency or its duly authorized agent(s) shall compare permits issued by the agency to those issued by the building department or any other city agency, department or commission to monitor compliance.

    11.13 Notice of the permit and its conditions or stipulations shall be filed on the land records of the City of Bristol.