Derby City Zoning Code
ARTICLE XIV
Soil Erosion and Sediment Control
§ 195-100 General.
When any use, building or other structure or site development that is subject to these regulations involves a disturbed area of 1/2 acre or more, or otherwise when provision for soil erosion and sediment control is required by these regulations, a certified soil erosion and sediment control plan in connection therewith shall be in effect prior to, during and upon completion of construction. The control plan may be integrated with plot plans, site plans, other maps and plans and statements of use required by these regulations and shall cover all construction, clearing, grading and site development locations that constitute a disturbed area. A control plan certified by the Commission in connection with approval of a subdivision under the Subdivision Regulations of the City of Derby and in effect for the lot where the disturbed area is located may constitute the control plan required by these regulations.
§ 195-101 Definitions.
Certain words used in this article are defined as follows:
DISTURBED AREA
An area where the cover is destroyed or removed leaving the land subject to accelerated erosion.
EROSION
The detachment and movement of soil or rock fragments by water, wind, ice and gravity.
INSPECTION
The periodic review of sediment and erosion control measures shown on the certified control plan.
SEDIMENT
Solid material, either material or organic, that is in suspension, is transported or has been moved from its site of origin by erosion.
SOIL
Any unconsolidated mineral and organic material of any origin.
SOIL EROSION AND SEDIMENT CONTROL PLAN
A plan for minimizing soil erosion and sedimentation, consisting of no less than a map and narrative as follows:
A.
A narrative describing the project, the schedule of conservation practices, design criteria, construction details and the maintenance program for any erosion and sediment control facilities that are installed; and
B.
A map showing topography, cleared areas and graded areas, proposed area alterations and the location of and detailed information concerning erosion and sediment control measures and facilities.
§ 195-102 Control plan.
To be eligible for certification, a soil erosion and sediment control plan shall contain proper provision adequate to control accelerated erosion and sedimentation and reduce the danger from stormwater runoff on the lot based on the best available technology. Such principles, methods and practices necessary for certification are found in the Connecticut Guidelines for Soil Erosion and Sediment Control (1985), as amended, published by the Connecticut Council on Soil and Water Conservation. Alternative principles, methods and practices may be used with prior approval of the Zoning Officer. The control plan shall contain the following to the extent applicable to the particular use, building or other structure and site development:
A.
Narrative. A narrative describing elements such as the following:
(1)
The use, building or other structure and site development;
(2)
The schedule for grading and construction activities, including start and completion dates; sequence of grading and construction activities; sequence for installation and/or application of soil erosion and sediment control measures; and sequence for final stabilization of the project site;
(3)
The design criteria for proposed soil erosion and sediment control measures and stormwater management facilities;
(4)
The construction details for proposed soil erosion and sediment control measures and stormwater management facilities;
(5)
The installation and/or application procedures for proposed soil erosion and sediment control measures and stormwater management facilities; and
(6)
The operations and maintenance program for proposed soil erosion and sediment control measures and stormwater management facilities.
B.
Map. A site plan map at a scale of one inch equals 50 feet to show the following:
(1)
The location of the proposed use, building or other structure and site development and adjacent properties;
(2)
The existing and proposed topography, including soil types, wetlands, watercourses and water bodies;
(3)
The existing structures on the lot, if any;
(4)
The proposed area alterations, including cleared, excavated, filled or graded areas, and proposed buildings, structures, utilities, roads and, if applicable, new property lines;
(5)
The location of and design details for all proposed soil erosion and sediment control measures and stormwater management facilities;
(6)
The sequence of grading and construction activities;
(7)
The sequence for installation and/or application of soil erosion and sediment control measures;
(8)
The sequence for final stabilization of the development site; and
(9)
The name, address and telephone number of the person designated by the applicant for the use, building, other structure or site development to be responsible for supervision of installation and completion of the control plan.
C.
Any other information deemed necessary and appropriate by the applicant or requested by the Zoning Officer or the City Engineer may be made part of the control plan.
§ 195-103 Minimum standards.
The following are minimum standards applicable to soil erosion and sediment control plans required by these regulations, and the preparer of the control plan shall certify that the plan complies with the minimum standards:
A.
Plans for soil erosion and sediment control shall be developed using the principles as outlined in Chapters 3 and 4 of the Connecticut Guidelines for Soil Erosion and Sediment Control (1985), as amended. The soil erosion and sediment control plan shall result in a development that minimizes erosion and sedimentation during construction, is stabilized and protected from erosion when completed and does not cause off-site erosion and/or sedimentation.
B.
The minimum standards for individual measures shall be those in the Connecticut Guidelines for Soil Erosion and Sediment Control (1985), as amended. The Zoning Officer, the City Engineer or the New Haven County Soil and Water Conservation District may approve alternate standards when requested by the applicant if technically sound reasons are presented.
C.
The appropriate method from Chapter 9 of the Connecticut Guidelines for Soil Erosion and Sediment Control (1985), as amended, shall be used in determining peak flow rates and volumes of runoff unless an alternative method is approved by the Zoning Officer or the City Engineer.
§ 195-104 Certification.
The soil erosion and sediment control plan shall be in effect when certified as follows:
A.
The Zoning Officer or the City Engineer, or the New Haven County Soil and Water Conservation District if so requested, shall certify that the soil erosion and sediment control plan, as filed, complies with the requirements and criteria of this article or shall deny certification when the control plan does not comply. Certification may be incorporated in the approval of a site plan, approval of a special exception or other action by the Commission and otherwise shall be incorporated in the approval of a zoning permit by the Zoning Officer.
B.
The Zoning Officer shall coordinate certification of the control plan with related actions of other agencies, such as, but not limited to, the Planning Commission and the Inland Wetlands Commission.
§ 195-105 Conditions.
The soil erosion and sediment control plan shall be certified subject to the following conditions and requirements:
A.
The estimated cost of measures and facilities to control erosion and sedimentation shall be guaranteed by a cash or savings account bond in a form acceptable to and in an amount deemed sufficient by the Commission in connection with its actions under these regulations or otherwise acceptable to and deemed sufficient by the Zoning Officer. It is not intended, however, that such bond duplicate similar bonds required by other agencies.
B.
No site development shall commence unless the soil erosion and sediment control plan is certified, the bond has been posted and the control measures and facilities in the plan, scheduled for installation prior to site work, have been installed and are functional.
C.
Planned soil erosion and sediment control measures and facilities shall be installed as scheduled according to the certified control plan.
D.
All control measures and facilities shall be maintained in effective condition to ensure compliance with the certified control plan.
§ 195-106 Inspection and orders.
Soil erosion and sediment control measures of the certified control plan are subject to inspection and orders as provided for administration and enforcement of these regulations. The Zoning Officer may require the applicant under these regulations to verify through progress reports that soil erosion and sediment control measures and facilities have been performed or installed in accordance with the certified control plan and are being operated and maintained.
