On any lot, there shall be no excavation, filling, grading or removal of topsoil, clay, sand, gravel, rock or other natural material, or the slashing of trees, except as authorized under § 383-194 or as authorized under an application for a temporary special use approved by the Commission under the provisions of this article. Any person, firm or corporation who shall violate any provisions of this article shall be subject to penalties in accordance with the General Statutes of the State of Connecticut.
The provision of this article and the requirement
to obtain approval of an application for a temporary special use shall
not apply to the following cases, when such excavation, filling, grading
or removal or slashing of trees is conducted and completed in such
a manner as to cause no danger to the public health or safety, including
stagnant water, soil erosion, water pollution or excessive drainage
runoff:
A.
Necessary excavation, filling, grading or removal,
not exceeding 400 cubic yards, in direct connection with the lawful
construction, on the lot, of buildings, foundations, roads, driveways,
storm drainage, utility services, fences, wells, swimming pools, or
other bona fide construction project;
B.
Necessary excavation, filling, grading or removal not exceeding 400 cubic yards, in connection with improvements on the lot solely for farming or landscaping purposes (other than such purposes as are enumerated in Subsection A above) such as the construction of ponds, draining of wetlands, improvement of water courses, burying of stones or refuse, regrading of difficult contours and the excavation of earth for use on the lot and not for sale, and, when, if applicable, a certified soil erosion and sediment control plan is in effect in accordance with Article XXI;
C.
Necessary excavation, filling, grading or removal
in connection with the construction of improvements and the changing
of contours in an approved subdivision in accordance with the construction
plans and contour plans approved by the Commission under the Subdivision
Regulations of the Town of Orange; and
D.
Provided that the excavation, filling, grading or removal authorized under Subsections A and B shall be deemed to permit the excavation, filling, grading or removal of only the quantity of material which is necessary to make the lot more suitable for the proposed use, and provided further that excavation, filling, grading or removal authorized under Subsections A and B in connection with a project for which an application for a certificate of zoning compliance has been approved shall be contingent upon completion of such project within two years after commencement, and in the event of failure to complete such project, as evidenced by failure to obtain a certificate of zoning compliance for such project, then such excavation, filling, grading or removal shall be deemed a violation of these Regulations unless an application for a temporary special use for the excavation, filling, grading or removal has been approved by the Commission in accordance with this article.
Application for a temporary special use under
this article shall be submitted in writing to the Commission together
with an application fee as determined by the Commission. The application
shall be accompanied by maps and plans, prepared by and bearing the
seal of a land surveyor or engineer, licensed as such by the State
Board of Registration for Professional Engineers and Land Surveyors
of the State of Connecticut, showing the following:
A.
The location and exterior limits of the area to be
excavated, filled, or graded, property lines and streets adjoining
the lot and the names of owners of property adjoining the lot;
B.
Existing contour lines on the lot to be excavated,
filled or graded, drawn to a scale of one inch equals 40 feet and
with a contour interval not exceeding five feet;
C.
Proposed contour lines within the area to be excavated,
filled or graded, drawn to a scale of one inch equals 40 feet and
with a contour interval not exceeding five feet;
D.
Existing and proposed drainage on the lot and existing
rivers, streams, water courses, ponds and swamps on or within 200
feet of the lot;
E.
Proposed vehicular access to the lot and any proposed
work roadways;
F.
The location on the lot of any wooded areas, rock
outcrops and existing and proposed buildings and structures;
G.
An estimate of the number of cubic yards of material
to be excavated, filled, graded or removed; and
In acting upon an application under this article,
the Commission shall follow such procedures as are provided by law
with respect to applications for special permits or special exceptions.
The excavation, filling, grading or removal,
authorized under this article, shall conform to the following standards
and conditions, and before approving a temporary special use, the
Commission shall find that the following standards and conditions
shall be met:
A.
The excavation, filling, grading or removal shall
be carried out in accordance with the maps and plans as approved by
the Commission and within the exterior limits shown thereon;
B.
The excavation, filling, grading or removal shall
not result in sharp declivities, pits or depressions, soil erosion,
drainage or sewerage problems or conditions which would impair the
reasonable reuse and development of the lot for purposes permitted
under these Regulations as a matter of right in the district where
the lot is located;
C.
At all stages of the work, proper drainage shall be
provided to avoid stagnant water, soil erosion problems, excessive
runoff, silting of streams and damage to public property, streets
or drainage facilities;
D.
Truck access to the lot and the work area shall be
so arranged as to minimize traffic hazards on streets and to avoid
nuisance to residents of the neighborhood;
E.
No excavation, filling, grading or removal which is
below the elevation of any abutting street or property line shall
occur within 50 feet of such line, except that excavation, filling,
grading or removal below the elevation of an abutting property line
may be permitted if written approval from the adjoining owner is received
by the Commission;
F.
No processing machinery shall be erected or maintained
on the lot;
G.
The work shall be limited to the hours and days of
the week that may be specified by the Commission;
H.
Proper measures shall be taken to minimize nuisance
from noise, dust, vibration and flying debris;
I.
Upon completion of the work authorized, the area of
excavated, filled or otherwise disturbed ground shall be restored
as follows:
(1)
Such area shall be evenly graded to slopes not exceeding
one foot of rise for two feet of horizontal distance or to such lesser
slope necessary for soil stability, safety and reasonable reuse and
development of the lot; in addition, the area shall be evenly graded
with sufficient slopes to assure adequate drainage of the area, so
that stagnant pools of water will be avoided;
(2)
Adequate drainways of gradual slopes shall be provided
to assure drainage;
(3)
There shall be no excavation, filling, grading or
removal below an elevation three feet above any ledge;
(4)
All debris and all loose boulders shall be buried
or removed from the lot; and
(5)
The top layer of any arable topsoil, to a depth of
six inches, shall be retained on the lot and replaced over the entire
area with any large stones removed, and the area shall then be seeded
with a perennial grass and maintained until the ground shall be completely
stabilized with a dense cover of grass and there exists no danger
of erosion, but this provision shall not apply to the area of ponds
nor to exposed areas of ledge existing prior to the work.
J.
The applicant shall obtain and maintain liability
insurance with a limit of not less than $300,000 as to personal injury
and $100,000 as to property damage and shall furnish a certificate
of insurance to the Commission, and in the event of cancellation of
such insurance, the temporary special use application shall terminate.
L.
The Commission and Zoning Enforcement Officer, or
their authorized agents, shall at all times have reasonable access
to the lot for the purpose of inspection and determination of compliance
with this article; the Commission may require the applicant to submit
periodic reports prepared by and bearing the seal of a land surveyor
or engineer, showing the status and progress of the work.
Each application for temporary special use granted
under this article shall be valid for a period of two years or for
such shorter period requested by the applicant or fixed by the Commission.
Upon application made at least 14 days before the expiration of a
temporary special use application, the Commission may extend the time
period for periods of not more than one year, provided that there
exists no violation of the terms of the current temporary special
use application.
At the time of issuance of a certificate of
zoning compliance authorized by a temporary special use application
approved under this article, the applicant shall pay to the Town of
Orange an inspection fee equal to $2 for each 1,000 cubic yards of
material, or fraction thereof, to be excavated, filled, graded or
removed.
Any existing operation, involving the excavation,
filling or grading, or removal from any lot, of any earth, loam, topsoil,
sand, gravel, clay or stone and authorized by a permit issued under
zoning regulations in effect previous to these Regulations, may continue
for the term of such permit and subject to all of the requirements
of such permit, but upon the expiration of such permit, the existing
operation shall cease unless an application for temporary special
use therefor is approved under this article.
Upon completion of the excavation, filling,
grading or removal in accordance with the terms of an approved application
and after any area of the lot required to be seeded has grown in a
second growing season a dense cover of grass as required under this
article, the applicant may apply to the Commission for return of the
bond filed as provided in this article, and if the Commission is satisfied
that the work has been completed as required by the approved application,
the bond shall be returned to the applicant, but otherwise the bond
shall remain in full force and effect.
Upon written request by the Board of Selectmen of the Town of Orange, the Commission may waive or modify the required application fee and requirements of § 383-195, the procedure set forth in § 383-196, the bond requirements of § 383-197K and the inspection fee required in § 383-199 in connection with the excavation, filling, grading or removal from any lot, of any earth, loam, topsoil, sand, gravel, clay or stone when the excavation, filling, grading or removal on such lot is conducted solely by or on behalf of the Town of Orange for the municipal purposes of the town. The excavation, filling, grading or removal, however, shall meet all of the standards and conditions of § 383-197A through I.
