The deposit, regrading, excavation and removal of soil shall be prohibited unless a permit has been issued for such activity pursuant to this Article VI. Zoning permits and special permits issued pursuant to any other section of these regulations shall not be deemed to satisfy the provisions of this article.
No permit shall be issued hereunder unless the following requirements
have been met:[1]
A.
Survey. Submission of a survey in conformity with § 240-66. Such survey shall include:
(1)
Existing
vertical relief with the source of information (e.g., ground survey
or aerial map), contour interval, datum, and originating benchmark
identified;
(2)
Proposed
vertical relief;
(3)
Proposed
temporary and permanent sedimentation, runoff and erosion control
measures and soil storage areas; and
(4)
Location
of wetland areas.
B.
Zero incremental runoff certification. Submission of a certification
referencing the survey required pursuant to Subsection B(1) and certifying
that the activity shall not: i) increase the volume or speed of stormwater
discharge; ii) materially change the direction of runoff; or iii)
increase the natural or preexisting rate of soil erosion on the site,
each under conditions of the fifty-year design storm. The certification
shall be made by an engineer licensed by the State of Connecticut
on a form prepared by the Commission. Calculations shall conform to
standard criteria contained in the Connecticut Department of Transportation
Drainage Manual for hydrological and hydraulic analysis and the Connecticut
Department of Energy and Environmental Protection Stormwater Quality
Manual.
C.
Soil certifications. Submission of a certification by the owner of
the affected property or the soil vendor: i) of the origin of any
introduced soil; and ii) that any introduced soil shall be free of
any hazardous or polluting substances, including, without limitation,
any oil or petroleum products or any chemical liquids or solids. The
Commission or its agent may, in its discretion, require submission
of further certifications or soil testing results with respect to
any soil.
[1]
Guidance: Additional permits may be required pursuant to,
inter alia, (i) the Ordinance Concerning the Regulation of Inland
Wetlands Watercourses in the Town of Weston, (ii) the Floodplain Management
Regulations, and (iii) the Aquifer Protection Area Regulations.
No certificate of compliance shall be issued with respect to
activity permitted hereunder prior to:
A.
Delivery of a certification made by an engineer licensed by the State of Connecticut on a form prepared by the Commission certifying that the permitted activity has been completed in accordance with the survey submitted pursuant to § 240-36A; and
B.
Permanent
stabilization of the disturbed area and removal of all temporary sedimentation,
runoff and erosion control measures.
The provisions of this Article VI shall not apply with respect to:
A.
Regrading
or removal of soil where such activity disturbs less than 2,500 square
feet of surface area in the aggregate in any twelve-month period;
B.
The deposit
of less than 25 cubic yards of soil in the aggregate deposited in
any twelve-month period; or
C.
Aggregate
deposited exclusively for use on a driveway, path or terrace in connection
with a residential use.
The Commission or its agent may require implementation of such
additional sedimentation, runoff and erosion control measures as it
deems necessary or desirable as a condition of issuance of any permit
including, without limitation, phased construction and maintenance
of areas of nondisturbance.
Stumps excavated from a property may be buried on such property only in those locations shown on the survey submitted pursuant to § 240-36A. No debris (including soil) may be deposited for purposes of storage in excess of 60 days or less than 50 feet from any property line. No hazardous or polluting substance may be buried.
The Commission or its agent may, in its discretion, require
the submission of a performance bond as a prerequisite for issuance
of any permit hereunder to secure performance and completion of any
activity undertaken in connection with the permit. In the event a
cease-and-desist order or order or removal is issued, the bond may
be utilized to stabilize the property, install sedimentation, runoff
and erosion control measures, or remove any soil deposited in violation
of this article. Upon issuance of a certificate of compliance, any
remaining balance shall be released.
Mechanical processing of excavated soil (including, but not
limited to, splitting, sifting, crushing or hammering) is prohibited.
