The purpose and intent of this section is:
(a)
To regulate all construction or grading activities upon improved
or unimproved real estate and to control the excavation, removal,
grading, or addition of soil, loam, sand, gravel, clay, rock or any
other earth material on land or premises not in public use in the
Town of Newtown.
(b)
To provide for the maintenance and preservation of existing
elevations and contours and for the establishment of proposed elevations
and contours in appropriate cases subject to the provisions of these
regulations.
(c)
To control, limit and regulate all excavation, removal, grading,
and addition of earth materials so as to prevent the creation of any
safety or health hazard, including without limitation, soil erosion,
stagnant water, water pollution and excessive drainage runoff to adjacent
property, to preserve land values of premises situated within the
Town of Newtown and to provide for the quiet use and enjoyment thereof.
(d)
To preserve the vegetation and other natural growth for the
purpose of preventing erosion by the wind or water and to protect
historic factors such as stone walls and archaeological artifacts
for the purpose of preserving our heritage on premises situated within
the Town of Newtown.
8.08.210
No excavation, removal, grading,
or addition of soil, loam, sand, gravel, clay, rock, or any other
earth material upon land or premises not in public use in the Town
of Newtown shall be commenced or conducted, except in accordance with
and subject to the provisions of these regulations.
8.08.220
Excavation, removal, grading,
or addition of earth materials upon any land is permitted with the
approval of a construction permit provided such excavation, removal,
grading, or addition is necessary and clearly incidental to the improvement
of property as permitted by the Newtown Zoning Regulations, the Newtown
Road Ordinance[1] and the Newtown Subdivision Regulations and the quantity
of materials for which a permit is sought is within the limits set
therein.
8.08.230
The following limitations
shall be imposed upon any residential building lot created or approved
on or after April 11, 1997 whether by first cut, by subdivision, by
resubdivision, or realignment of lot lines.
8.08.231
No more than 200 cubic yards
of earth materials shall be removed from each such lot in addition
to an amount equal to the volume of the building foundation, sewage
disposal system and, if applicable, a water storage tank for fire
suppression, roadway construction or other structures being constructed
below grade, or a drainage basin approved by the Commission.
8.08.232
No more than 200 cubic yards of earth materials
shall be added to each such lot in addition to materials added for
the building foundation, sewage disposal system, stones for footings
and slabs, gravel for driveway, processed stone for the driveway,
topsoil to meet code, mulch for slopes, curtain drain materials and,
if applicable, a water storage tank for fire suppression, roadway
construction or other structures being constructed below grade, or
a drainage basin approved by the Commission.
8.08.240
Exemptions. A permit under
these regulations shall not be required for:
8.08.241
The construction of a wall,
driveway, sewer, gas, water or other utility line, fence, sidewalk,
septic system, drainage structure or landscaping in conjunction with
the use of premises permitted by the Zoning Regulations of the Town
of Newtown provided said construction does not result in the removal
from or the addition to the premises of more than 100 cubic yards
of earth material.
8.08.242
The removal of topsoil from one part of premises
to another part of the same premises, when such removal is reasonably
necessary for the purpose of farming or landscaping said premises.
8.08.243
An excavation which is made solely for the
purpose of the construction of a foundation or cellar hole, the installation
of a sewage disposal system, or water storage tank for fire suppression
provided that no topsoil is removed from the premises and provided
further that no more than 100 cubic yards of earth material is removed
from or added to the premises in addition to an amount equal to the
volume of the building foundation or other structure being constructed
below grade.
8.08.310
No topsoil shall be stripped
except from the smallest area necessary and no topsoil shall be removed
from any land in Newtown except incidental to construction which has
been approved by the Commission and then only as set forth below:
8.08.311
Topsoil removal shall be limited
to those areas of the site that will be occupied by a pond, drainage
basins, roadways, buildings, driveways, sidewalks and parking areas.
8.08.312
All maps and documents submitted shall clearly
illustrate:
(a)
The areas of the premises from which the topsoil
is to be stripped;
(b)
An area for the stockpiling of such topsoil during
construction;
(c)
The spreading of stockpiled topsoil over the disturbed
areas to a finished depth of a least six inches and;
(d)
The amount of excess topsoil that will remain following
site development and the spreading of topsoil as required above.
8.08.320
Obtaining a certificate of
zoning compliance.
8.08.321
Stockpiled topsoil in excess
of the amount used to recover the disturbed area to a depth of six
inches may be removed from the site after inspection and approval
by the Zoning Enforcement Officer.
8.08.322
Upon the completion of all site work or site
work in conjunction with development of Town-owned property, the Zoning
Enforcement Officer shall inspect the premises of the permittee, including
all contiguous property owned or controlled by the permittee, and
determine whether or not any portion thereof, other than rock outcroppings
occurring naturally, has been stripped of topsoil, either by the permittee
or by erosion.
8.08.323
If the Zoning Enforcement Officer determines
that portions of the applicant's premises have been so stripped,
he/she shall inform the permittee of his/her finding and the permittee
shall spread the stockpiled topsoil over the stripped area to a depth
of at least six inches.
8.08.324
When the Zoning Enforcement Officer determines
that no area of the permittee's premises is or remains stripped
of topsoil as aforesaid, then he/she shall clarify that the remaining
stockpile of topsoil is surplus and may be removed by the permittee.
8.08.325
Following removal of the topsoil by the permittee, the permittee shall seed disturbed areas. A certificate of zoning compliance, pursuant to Section 595-9.01.500 hereof shall not be issued until satisfactory removal or spreading of said stockpile and seed germination has occurred. After the issuance of such a certificate, no further removal of topsoil from the premises shall occur.
8.08.330
Rock and stone crushing is
permitted as a construction activity subject to the following conditions:
8.08.331
The use of such rock or stone
crusher is utilized solely as part of the construction of an approved
development;
8.08.332
The use of rock or stone crushing will serve
a public health, safety and general welfare purpose, including the
reduction of construction traffic on public roads;
8.08.333
All material crushed on site must be used
on site;
8.08.334
A rock crushing permit is obtained from the
Zoning Enforcement Officer;
8.08.335
The rock crushing shall be for the least number
of days necessary to complete said construction activity. A rock crushing
permit shall be limited to a maximum of 30 calendar days;
8.08.336
Rock crushing shall be limited to the hours
of 9:00 a.m. to 5:00 p.m., Monday through Friday (excluding state
and federal holidays).
8.08.410
The permit hereby established
shall be referred to as a "construction permit." A construction permit
shall be obtained from the Zoning Enforcement Officer, or the Commission
as applicable, unless exempted pursuant to Section 595-8.08.240 hereof,
before any grading, construction, site work, or development is commenced
upon any land in Newtown.
8.08.420
A construction permit shall
be nontransferable. The ownership of any property subject to a construction
permit shall not be transferred with the right to excavate, remove,
grade, or add earth materials thereon or therefrom for which the permit
is obtained. An applicant/permittee responsible for carrying out the
terms of such permit shall not be transferred to any other person.
If any such transfers are made, the permit shall be immediately null
and void without the necessity of an order as provided by Section
595-8.08.460 hereof.
8.08.430
Construction permit requirements.
An applicant seeking a construction permit shall file a written application
with the Zoning Enforcement Officer on a form supplied by the Commission,
signed by the owner of the premises and the person, firm or corporation
intending to carry out the work sought under the permit. The following
documents shall accompany such applications:
8.08.431
A plot plan certified by a
land surveyor as meeting the requirements of an A-2 class survey of
the Connecticut Technical Council which shows the entire property.
Such plot plan shall indicate the area thereof which is subject to
development, excavation or filling, an area for the stockpiling of
topsoil during construction, wetland and watercourse boundaries and
slopes at 25% or greater.
8.08.432
If earth material other than topsoil is to
be excavated, removed, graded, or added, topographical maps at a scale
of no less than one inch equals 40 feet certified by a licensed professional
engineer showing existing contours and finished contours at intervals
of two feet for grades of less than 3% and five feet for grades of
3% and up must be filed. No excavation below the proposed finished
grade or beyond the proposed perimeter is permitted.
8.08.433
An exact computation in cubic yards of the
amount of earth material which will be excavated, removed, graded,
or added to the site prepared by the applicant's licensed professional
engineer. Such computation shall be supported by the topographical
maps required by Section 595-8.08.431.
8.08.434
A statement that clearly defines the extent
of and time frame for site construction and site recovery, including
grading and planting.
8.08.435
An erosion and sedimentation control plan as provided for in Article VIII, Section 6, of these Zoning Regulations.
8.08.436
A valid inland wetlands license or a written
statement from said agency that such a license is not required.
8.08.437
A performance security payable to the Town
of Newtown, either in the form of a certified check or a letter of
credit. The security shall be in terms satisfactory to Town Counsel
and in an amount equivalent to the cost of site recovery as determined
by the applicant's professional engineer and approved by the
Town Engineer. Such security shall assure the Town of Newtown that
the area for which the construction permit is issued shall be graded,
recovered with topsoil and successfully planted with grass or other
ground cover by the date the construction permit expires.
The terms of the performance security shall allow the Town access
to such funds and shall be accompanied by a written agreement signed
by the owner of the premises, executed with the same formalities as
a Connecticut deed of real estate containing terms satisfactory to
Town Counsel, which permits the Town or its designee to enter upon
the premises to undertake site recovery in the event that the permittee
fails to or refuses to complete the site recovery and planting in
accordance with the construction permit as issued, and/or the abandonment
thereof, within one year from the expiration of the permit.
8.08.438
Proof in the form of a certificate of insurance
as approved by Town Counsel that the applicant carries sufficient
liability insurance to hold the Town of Newtown harmless from any
liability resulting from his/her operations.
8.08.440
A construction permit shall be effective for one year from the date
it is issued provided that the applicant remains in compliance with
all terms of the permit. Such permit may be extended for up to one
year provided the Zoning Enforcement Officer finds that:
(a)
There are no violations of the Zoning Regulations;
(b)
The structure or building to which the excavation,
removal, grading, or filing is incidental is;
(c)
Incomplete and the completion thereof is being
actively pursued by the permittee;
(d)
That the applicant's performance security
will cover the extension of time a allowed herein;
(e)
That an updated insurance certificate is received.
8.08.450
Upon the request of the Zoning
Enforcement Officer, the permittee shall provide a progress report
that clearly demonstrates the extent of excavation, removal, grading,
or filling of earth materials and the sediment and soil erosion controls.
8.08.460
Should the Zoning Enforcement
Officer find that an applicant's performance is in violation
of the construction permit, the Zoning Regulations or upon receipt
of a notice from the applicable agency or department that a violation
of the Building Code, Sanitary Code[1] or Road Ordinance[2] of the Town of Newtown exists, such construction permit
shall be revoked. An applicant's failure to comply with any requirements
of these regulations shall be cause for the revocation of a permit
provided that notice of said violation has been given to the permittee
together with an order to comply therewith within a reasonable time
and the permittee has failed to comply with said order.
