[HISTORY: Adopted by the Town Council of the Town of Plainville 6-17-1985; amended in its entirety at
time of adoption of Code (see Ch. 1, General Provisions, Art. II).
Subsequent amendments noted where applicable.]
A.
This chapter is adopted for the purpose of the following:
(1)
To minimize or eliminate soil erosion and sedimentation that may
occur as the result of human activities, including but not limited
to residential, industrial or commercial development within the Town.
(2)
To regulate land disturbing activities to control accelerated soil
erosion and sedimentation in order to prevent the pollution of water
resources, protect vegetation and embankments and promote habitats
for flora and fauna.
(3)
To establish and enforce procedures through which soil erosion and
sedimentation are minimized.
B.
Site-specific requirements and procedures shall be in conformance
with the Connecticut Guidelines for Soil Erosion and Sediment Control
2002 or any revisions thereafter. The requirements and procedures
shall be dependent upon best management practices considering factors
such as topography, amount of disturbed area, soil type, drainage
patterns and any other pertinent conditions which would directly or
indirectly influence the potential of or amount of soil erosion and
sedimentation.
As used in this chapter, the following terms shall have the
meanings indicated:
Any increase over the rate of natural erosion as a result
of human activity.
A technique or series of techniques which are proven to be
effective in controlling runoff, erosion and/or sedimentation.
Fill material which is required for on-site construction
which is obtained from other locations.
The strip of land adjacent to a water body, wetland or watercourse.
A signed, written approval by the Planning and Zoning Commission
that the soil erosion and sediment control plan and notes comply with
the applicable requirements of these regulations.
The cutting and removal of trees, shrubs, bushes and turf,
including stumps and roots.
The Planning and Zoning Commission of the Town of Plainville,
Connecticut.
A temporary or permanent natural or man-made structure that
provides for the temporary storage of stormwater runoff.
Any person, firm, corporation, sole proprietor, partnership,
state agency or political subdivision thereof engaged in a land disturbance.
Any construction or grading activities related to residential,
industrial or commercial activities.
That point at which runoff leaves a tract of land.
Any area where the ground cover is destroyed or removed leaving
the land subject to accelerated erosion.
A structure or a shaped channel section with mechanical armoring
placed at the discharge point of pipes or conduits to receive and
break down the energy from high-velocity flow.
The detachment and movement of soil, earth, sand and/or rock
by the action of water, wind, ice, gravity or any combination thereof.
A plan which includes a set of best management practices
or equivalent measures designed to control surface runoff and erosion
and to retain sediment on a particular site during the period in which
pre-construction and construction-related land disturbances, fills,
and soil storage occur and before final improvements are completed.
The mechanical removal of earth material.
The deposit of soil or earth materials placed by artificial
means.
The altering of the existing earth's surface elevations
by any method.
Any natural vegetative growth or other material that renders
the soil surfaces stable against accelerated erosion.
The periodic review of sediment and erosion control measures
as approved or directed by the Planning and Zoning Commission.
The point of discharge to any water body, wetland or watercourse
from a public or private stormwater drainage system.
A temporary or permanent natural or man-made structure that
provides for the storage of stormwater runoff by means of a pool of
water.
Rainfall, snowmelt or irrigation water which flows over the
earth's surface.
Soil or other sacrificial materials transported by surface
water, ice, wind, gravity or combination thereof.
The process or action of deposition of sediment that is determined
to have been caused by erosion.
The entire area of land on which the land disturbance activity
is proposed.
A plan or set of plans showing the details of any land disturbance
activity of a site, including but not limited to the construction
of structures, open and enclosed drainage facilities, stormwater management
facilities, parking lots, driveways, curbs, pavements, sidewalks,
bike paths, recreational facilities, and landscaping.
The incline of a ground surface expressed as a ratio of horizontal
distance to vertical distance.
Any activity which removes or significantly disturbs the
vegetative surface cover, including clearing, grubbing of stumps and
root mat and topsoil removal.
The surface runoff resulting from a rainfall of an intensity
expected to be equaled or exceeded, on the average, once in 10 years,
and of a duration which will produce the maximum peak rate of runoff
from the watershed of interest under average antecedent wetness conditions.
The surface runoff resulting from a rainfall of an intensity
expected to be equaled or exceeded, on the average, once in 25 years,
and of a duration which will produce the maximum peak rate of runoff
from the watershed of interest under average antecedent wetness conditions.
The average speed of flow through the cross section of the
main channel at the peak flow of the storm of interest.
Any natural or improved stream, river, creek, ditch, channel,
canal, gully, or swale in which flow is either continuous or intermittent.
A region draining to a specific location, river, river system,
wetland, or body of water.
Any area as defined in the Town of Plainville Inland Wetland
and Watercourse Regulations or revisions thereof.
A soil erosion and sedimentation control plan shall be submitted
with any permit application for development or site work when the
disturbed area of such development or activity is cumulatively more
than 5,000 square feet or within 100 feet of any water body, watercourse
and/or wetland.
This chapter shall not apply to the following:
A.
A soil erosion and sediment control plan shall be developed using
the guidelines and best management practices outlined in the Connecticut Guidelines
for Soil Erosion and Sediment Control 2002 as amended and/or any other
applicable soil erosion professional document. The soil erosion and
sediment control plan shall develop a construction sequence and methods
which minimize the potential for soil erosion and sedimentation during
and after any proposed construction activities, including the mitigation
of existing conditions. The Planning and Zoning Commission during
its review of any project's soil erosion and sediment control
plan may approve such plans that may be contrary to the prescribed
guidelines if technically sound reasoning is presented by the applicant.
B.
C.
The soil erosion and sediment control plan shall include but not
be limited to the following and be presented in the following format:
(1)
Narrative of construction activities and control measures.
(a)
Discussion of site conditions (steep slopes, erodible soils,
etc.).
(b)
Description of construction schedule (starting date, length
of activities, phasing, etc.).
(c)
Description of proposed construction sequence and methods (clearing,
grading, excavation, etc.).
(d)
Review of design criteria implemented for control measures.
(e)
Listing of proposed control measures.
(f)
Identification of responsible party, address and emergency telephone
number.
(3)
Site drawings.
D.
The soil erosion and sediment control plan and any supporting calculations
shall be prepared and certified by a Connecticut professional engineer.
The professional engineer's certification may be waived by the
Planning and Zoning Commission if it is deemed the proposed activities
do not pose an erosion threat.
E.
Applications associated with activities within 100 feet of any wetland
and/or watercourse shall be referred to the Inland Wetlands Commission
for its consideration, report or permit before the Planning and Zoning
Commission shall render a decision on the soil erosion and sediment
control plan.
F.
The Planning and Zoning Commission may require the applicant of any
approved plan to post a bond in an amount determined by the Commission
to be equal to the cost of installing and maintaining the erosion
control measures or the estimated costs of mitigating any impacts
as the result of a failure, whichever is greater.
G.
The Planning and Zoning Commission shall approve the proposed soil
erosion and sediment control plan as presented, modify and approve
the plan or reject the plan.
A.
Inspections
shall be made by the Commission or its designated agent during construction
to ensure compliance with the approved plan and ensure the control
measures are properly installed and maintained. The Commission may
also require the applicant to verify, in writing, that the construction
methods and erosion control measures have been performed and/or installed
in accordance with the approved plan and are installed and maintained
on a weekly basis and before and after each storm event.
B.
During
such inspection, if activities are deemed inconsistent with the approved
plan, the Planning and Zoning Commission shall issue a notice of violation
or cease and desist order which shall be maintained until such time
the applicant prepares and is authorized to proceed with corrective
actions.
C.
The applicant
may request a hearing before the Planning and Zoning Commission to
demonstrate that his actions are in compliance with the approved plan.
Such hearing shall be requested within 10 business days of issuance
of the notice or order. The hearing shall be held within 10 business
days of such request. A final decision from the Commission shall be
rendered within 10 business days of the hearing.
