The purpose and intent of this section is to regulate and control
the excavation and removal of soil, loam, sand, gravel, clay, rock
or any other earth material as part of all legally pre-existing and
nonconforming mining activities in operation within the Town of Newtown.
8.09.210
Any person seeking the renewal
of a legally nonconforming mining operation shall file the following
documents prepared by a licensed land surveyor and a licensed professional
engineer, where required by State Statue with the Zoning Enforcement
Officer at least 30 days but no more than 60 days prior to the expiration
of the mining permit:
8.09.211
A written application on a
form supplied by the Commission, signed by the owner(s) of the premises
and the person, firm or corporation intending to carry out the work
sought under the permit.
8.09.212
An A-2 class survey of the entire premises
for which the permit is sought. Such a survey shall be drawn to a
scale of not less than one inch equals 40 feet for the permit areas
and to a scale of not less than one inch equals 100 feet for permit
areas 10 acres or greater.
8.09.213
A site plan of the premises and accompanying
documents shall describe and delineate the following:
(a)
The location and elevation of all existing and
proposed streets, roads, highways, ponds, watercourses, wetlands,
wells and septic systems on the permit area and within 200 feet thereof
on all sides;
(b)
The details of re-grading and re-vegetation of
the premises at the conclusion of excavation;
(c)
An area for the stockpiling of topsoil;
(d)
The foliage lines; and
(e)
Proposed means of access to the area of proposed
excavation to and from the public highways.
8.09.214
Soil data, including boring logs or open test
pits and locations to lowest excavated grade and finished grade shown
on the permit cross section. Such borings or open test pits shall
indicate soil types and ground water table data.
8.09.215
Provisions for proper surface and sub-surface
drainage of the premises and the adjoining area during said excavation
and after completion thereof.
8.09.216
The existing and the proposed contours and
elevation at five-foot intervals of the premises upon which the excavation
is to be made and of the area surrounding it within 100 feet.
8.09.217
At least five interior transverse cross-section
drawings on both the longest axis and axis perpendicular thereto at
equal intervals not to exceed 100 feet with the outermost drawing
in each direction being no further than 50 feet from the outside extremities
of the proposed excavation.
8.09.218
The acreage and square footage of the actual
area to be excavated, the total volume in cubic yards of all material
expected to be excavated and removed during the life of the permit,
where the applicant expects to continue excavation under a renewal
permit.
8.09.219
An erosion and sedimentation control plan as provided for in Article VIII, Section 6, of these Zoning Regulations.
8.09.220
A valid inland wetlands license or a statement
from said Commission that such a license is not required.
8.09.221
If the applicant expects to make an excavation
below the normal ground water table so that a pond will result, a
drainage analysis map and drainage computations prepared by a licensed
Professional Engineer showing the watershed area of said pond, all
sources of water which would supply said pond with water, a computation
of the flow of water into and out of said pond, other pertinent hydrological
factors, and a statement by said licensed professional engineer that
the water supply of said pond is sufficient to avoid stagnation and
will not create a hazard to any existing land uses or facilities.
8.09.222
Proof that written notice of the excavation
has been given to the holders of any mortgages or other encumbrances
on the property as recorded with the Town Clerk of the Town of Newtown.
8.09.223
A written statement from the Tax Collector
of the Town of Newtown certifying that all taxes levied against the
property on the current Grand List or previous Grand Lists have been
paid in full and that there are no unreleased tax liens encumbering
said property.
8.09.224
(Reserved)
8.09.225
Proof in the form of a certificate of insurance
as approved by Town Counsel that the applicant carries sufficient
liability insurance to save the Town of Newtown harmless from any
liability resulting from his/her operations.
8.09.226
A performance security payable to the Town
of Newtown, either in the form of a certified check or a letter of
credit shall be:
(a)
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;
(b)
Held for a period of one year beyond the date of
the site recovery;
(c)
Assure the Town of Newtown that the area for which
the mining permit is issued shall be graded, recovered with topsoil
and successfully planted with grass or other ground cover pursuant
to these regulations within one year following the expiration of the
mining permit;
(d)
Also assure to the Town full compliance with all
the other requirements of these regulations, including, without limitation,
that any pond created hereunder shall conform to the slope and size
requirements set forth herein and shall not stagnate or create a health
hazard and that if said pond does stagnate or create a hazard within
a year following the expiration of the mining permit then such stagnation
or hazard shall be mitigated within three months after stagnation
or the creation of the hazard occurs;
(e)
The terms of the performance
security shall allow the Town access to such funds and shall be accompanied
by a written agreement 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 of Newtown
or its designee to:
1.
Enter upon the premises;
2.
Grade the area under permit;
3.
Cover all disturbed areas with topsoil; and
4.
Plant grass or other suitable ground cover thereon
in the event that the permittee fails or refuses to complete the grading
recovery and planting in accordance with the mining permit as issued
and/or abandonment thereof within one year from the expiration of
the mining permit.
8.09.310
All mining permits shall expire
on the first day of June in the year following the date of issuance.
8.09.320
Prior to issuing a renewed
mining permit, the Zoning Enforcement Officer shall expressly find
that no violation of any mining permit held by the applicant or permittee,
these regulations, the Sanitary Code[1] or Road Ordinance[2] of the Town of Newtown exists and that the application
contains all of the required plans and documents as set forth herein.
8.09.330
Upon the request of the Zoning
Enforcement Officer, the permittee shall submit a progress report
that clearly demonstrates the extent of excavation or removal that
will or has occurred during any period covered by the permit to ensure
compliance with all terms of the mining permit.
8.09.340
The permittee shall:
(a)
Erect and maintain adequate barricades or fences;
(b)
Provide adequate measures for prevention of accumulation
of ground or surface water;
(c)
Make adequate provisions for the muffling of sound
and the prevention of dissemination of dust;
(d)
Make provisions for highway warning or similar
signs as may be necessary or required, all subject to the approval
of the Zoning Enforcement Officer or Commission which may also require
the permittee to install permanent guard fencing where needed for
public safety;
(e)
Provide at his expense any special police or flagmen
deemed necessary by the Commission;
(f)
Excavate no lower than three feet above ledge;
(g)
Protect all trees outside the excavated area from
damage;
(h)
Stockpile any topsoil stripped in connection with
a mining permit on site and use this stockpiled topsoil to recover
the disturbed area following the completion of excavation.
(i)
Not remove any topsoil from any premises.
(j)
Install permanent guard fencing around all ponds
both during and after the excavation;
(k)
Treat all access roads and excavation area with
calcium chloride or similar material for the prevention of dissemination
of dust; and
(l)
Provide dust control measures in compliance with
State of Connecticut guidelines per soil and sedimentation control.
8.09.350
At the conclusion of the work
of excavation, or of any portion thereof, the area where excavation
and removal or grading has taken place shall be.
(a)
Covered with not less than six inches of topsoil;
(b)
Seeded or covered with an approved ground cover
and properly mulched to ensure stability.
1.
Grass seed used should be fresh, re-cleaned seed
of the latest crop of lawn or meadow mix in a conformance with Connecticut
Highway Department Specification 810 and young trees shall be planted
wherever trees have been removed.
2.
Seeding, or planting of ground cover or trees shall
be done at the first suitable planting season following completion
of any part of the operation. If the seeding or planting fails in
whole, or in part, the area shall be re-seeded, replanted, and re-mulched
until all eroded or uncovered areas have been restored and repaired
to the satisfaction of the Planning and Zoning Commission.
8.09.360
The permittee shall grant
the right of entry to the Zoning Enforcement Officer or the members
of the Commission at any reasonable time for the purposes of inspecting
the premises and the permittee's operations thereon.
8.09.420
A mining permit will be revoked
should the Zoning Enforcement Officer find that an applicant's
performance is in violation of the mining permit. An applicant's
failure to comply with any requirements of the Zoning Regulations,
Building Code, Sanitary Code[1] or Road Ordinance[2] of the Town of Newtown 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.
8.09.430
During any permit year, no
area in excess of five acres nor within 200 yards of any other excavation
shall be excavated unless said other excavation is conducted on other
premises not then or previously owned by the permittee or the then
record title holder of the aforesaid five acre area.
8.09.440
For excavation during any
permit year, no area in excess of a total of 20 acres on any piece
or pieces of property which are owned or controlled by the same person
or persons shall be excavated.
8.09.450
No area shall be excavated.
(a)
Within 50 feet of any property or street line,
or within 100 feet of any dwelling;
(b)
If the resulting embankment would remain at an
incline in excess of three feet horizontal to one foot vertical, and
if the top of the resulting embankment would end in a vertical curve
with a radius of less than 10 feet tangent to the existing ground
surface; and
(c)
Below the normal ground water table which causes
a lake or pond to stagnate or cause a hazard to health or safety or
to existing land uses or facilities.
1.
The bottom of any pond created shall not slope down
from the shoreline at a slope in excess of one foot vertical for each
three foot horizontal.
2.
The final area of an pond created shall not be so
large as to lessen the full residual use of the land for purposes
other than sand and gravel mining, and shall in no event exceed 50%
of the area of the lot devoted to sand and gravel mining use at the
time this regulation or preceding regulation was adopted.
3.
If any such lake or pond is expected to be created,
the applicant shall file the documents required by Section 595-8.09.210
hereof.
8.09.460
For the health, welfare, and
safety of the residents of the Town of Newtown, no work of any nature
shall be performed under any mining permit granted under the terms
of this regulation, except between the hours of 7:00 a.m. and 6:00
p.m. daily, and no such work shall be performed on Saturday, Sundays
or legal holidays of the State of Connecticut.
8.09.470
Any permittee under permit
granted under the terms of these regulations or any person acting
for or under him who shall cause damage to any road or roads of the
Town of Newtown, shall be liable for the cost of repairing said damage.
The permittee shall be responsible for cleaning, when necessary, any
State, Town or private road over which earth materials shall have
been transported.
8.09.480
No machinery or equipment
that is not required for the actual removal or excavation of the material
shall be used or stored on the site.
8.09.490
In addition to all other legal
and equitable remedies to enforce these regulations, any person, firm
or corporation violating or assisting in the violation of any of the
provisions hereof or any permit granted hereunder shall be fined for
each offense pursuant to the Fine Schedule. Each day of violation
shall be deemed a separate offense. The Zoning Enforcement Officer
is authorized to issue cease and desist orders and to commence such
legal actions as may be necessary to enforce these regulations.
