It is the intent of this section to regulate the excavation or removal of earth materials, and the filling and grading of land within the Town to protect the public health and safety, to encourage the orderly development of the Town and to provide for the restoration of property following any excavation, grading or filling to minimize any unnecessary accelerated erosion and sedimentation.
26.1 - General
No excavating or removal of earth materials, no filling or grading of land, by any means shall be permitted except in conformance with these Regulations.
26.2 - Permit Required
A Permit as herein described, shall be required for all excavation, filling or grading except as follows:
1. Earth moving activities in connection with and clearly essential to the construction or alteration of a building on the same premises, or the installation of appurtenances to the use of the land, such as septic systems, swimming pools, utilities, walls or fencing, provided that required permits (i.e. Building, septic, zoning, etc.) for such construction or installation and the proposed earthwork is specified in such permit application.
2. Excavation, filling or grading in accordance with specific plans that have been approved by the Planning and Zoning Commission covering the lots, roads, drainage and other improvements in an approved subdivision, site development plan or Special Permit Use, provided that an erosion and sedimentation control plan was approved as part of any such approval.
3. Incidental filling, grading or excavation related to normal maintenance, repairs or landscaping of developed property.
(If excavation, filling or grading under any of the exclusions listed above is conducted in such a manner as to circumvent the purpose of this section, or so as to appreciably change the ground water table or alter drainage basins or flows in a manner inconsistent with public health, welfare or safety, the Zoning Enforcement Officer or the Planning and Zoning Commission may pursue any enforcement procedure described in the Connecticut General Statutes, and require the owner of the property to obtain a permit as described in this Regulation prior to resuming such work.)
26.3 - Special Permit
The Planning and Zoning Commission may grant a Special Permit authorizing the excavation, filling or grading of land subject to the following standards and conditions, in addition to those described in Section 28 and 29, where applicable. (effective 12/06/03)
A. An application fee of one hundred dollars ($150.00)
B. A map of the property to be excavated, filled or graded at a scale of one inch equals forty feet (1"=40'), with existing and proposed contours at two (2') foot intervals. Existing contours shall be shown for a minimum of twenty (20') feet beyond the perimeter property lines.
C. Existing and proposed drainage plans
D. Names of current adjacent property owners, streets and access
E. Proposed commencement and completion dates
F. Purpose of work
G. Detailed plans, specification and other information necessary to describe the method, measures and other devices to be utilized to prevent and/or minimize erosion and sedimentation during and after any proposed activities. This plan shall be in accordance with the provisions of Section 27.
H. Other such information as the Commission may require.
26.3.1 - Considerations for Approval
The Commission, in considering and reviewing such application shall consider and be guided by the following: (effective 12/06/03)
A. Actions from the Inland Wetlands and Watercourses Agency and Advisory comments received from the Conservation Commission (All applications must be presented to the Inland Wetlands and Water Courses Agency and the Conservation Commission prior to Special Permit Public Hearing.)
B. Potential effects of erosion and sedimentation affecting the area, both on and off site
C. Slopes, grades and elevations of abutting streets and properties
D. Property values and uses in the surrounding area
E. Effects on roads and traffic
F. Any approval by Connecticut DEP or Army Corps of Engineers
G. The recommendations of the Town Engineer, Town Staff, or any expert testimony the Commission requests or receives.
H. Possible effects of the proposed work with regard to flood or pollution, either before or after completion of the proposal.
I. The suitability, character and development potential of the finished project.
J. A site plan and/or narrative to reestablish and restore the excavated area, in part and/or in whole, upon completion of work. (Amended 4/3/02)
26.3.2 - Bond Required
The Commission shall require a bond, performance and/or maintenance, in a form acceptable to the Commission, for the purpose of ensuring the faithful performance of the approved work. The amount of this bond shall be based on the estimated cost of the work entailed in the proposal, shall be submitted by the applicant, and be reviewed and approved by the Town Engineer. No bonds shall be released until the Commission receives certification by Staff that the work is completed as approved. A Bond shall be required for restoration in an amount as approved by the Town Engineer. (Amended 4/3/02)
26.3.3 - Time Limits
Special Permits issued by the Commission shall be for a period not to exceed one year. Permits are renewable by the Commission upon receipt of:
A. Application fee as described in Section 27.3.A
B. Evidence indicating compliance with the permit as approved, consisting of progress plans, photographs, and/or a report from Town Staff attesting to such compliance.
C. Compliance with the Requirement of Section 20.0 Special Permit, including all appropriate fees. (Amended 4/3/02)
The Commission, at any time, may ask for a progress report and/or copies of project logs for the purpose of determining compliance with the provisions of this Section. Failure to comply shall result in revocation of the permit and the applicant's surrender of the bond for the purpose of restoring the site to a condition consistent with the purposes of this section.
26.4 - Administrative Permits
In certain cases where the area to be worked does not exceed five thousand (5000) square feet, an administrative permit may be issued by the Zoning Enforcement Officer after review of the proposal by appropriate Town Staff, subject to all provisions set forth in these Regulations with the following exceptions.
A. No public hearing is required
B. Application fee shall be $25.00
C. Administrative permits shall be issued for a period not to exceed six (6) months.
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