Derby City Zoning Code
ARTICLE XVI
Earth Material Removal, Filling and Excavation
§ 195-113 Temporary special exception required.
No owner, developer, excavator or other person shall dig, excavate, scrape or otherwise disturb or move or cause, allow, permit or suffer to be moved the soil or carry on filling operations on any premises in the city, unless and until after an application for a temporary special exception from the Commission is obtained. A temporary special exception may be granted by the Commission, subject to the requirements of this article and subject to conditions deemed necessary to prevent damage to other property and to protect the health, safety and general welfare of the public.
§ 195-114 Exemptions.
A special exception is not required in connection with the following excavation, grading, removal or filling operations:
A.
Any subdivision, special exception use and/or site plan approved by the Planning and Zoning Commission.
B.
Any excavation, grading, removal or filling of an area 1/2 acre or less in size.
C.
Necessary foundation and trench work on a lot for which a zoning permit and a building permit have been issued and then not exceeding 1/2 acre.
D.
Plowing, spading, cultivating, harrowing of soil or any operation ordinarily associated with the tilling of the soil for agricultural or horticultural purposes.
E.
Any operations for the purposes of soil and conservation as defined or prescribed by the Soil Conservation Service of the United States Department of Agriculture.
F.
Necessary filling, excavation, grading and/or removal in connection with resurfacing of an existing roadway, sidewalk or parking lot, the removal of excess soil resulting from the construction and/or alteration of public streets and ways, including sidewalks.
G.
Any building or improvement carried out by the City of Derby.
H.
Conduct of a sanitary landfill by the City of Derby.
I.
Stock piling of street maintenance material required by the City of Derby.
J.
Regrading or filling as part of a landscaping project on an individual residential lot of less than 1/2 acre and when such operation is not for commercial purposes and then not exceeding 300 cubic yards of material in any calendar year.
§ 195-115 Application procedure and requirements.
The owner shall clearly delineate the place or places from which the earth material is sought to be removed or deposited. The application shall also specify the number of cubic yards of soil to be removed or filled, the length of time necessary to do so and a concise statement indicating why it is essential and necessary to the development of the property to remove or deposit and/or remove such amount of earth material and a narrative description of measures to be taken to minimize the erosion of soil and the depositing of sediments both during the activity and after completion. Erosion and sediment control plans shall conform to standards prescribed in the Connecticut Guidelines for Soil Erosion and Sediment Control (1985), as amended. Copies of the guidelines are available from the office of the New Haven County Soil and Water Conservation District. Alternate principles, methods and practices may be used subject to review by the City Engineer and approval by the Commission. The Commission shall schedule and conduct a public hearing on such application in accordance with the applicable provisions of the General Statutes.
§ 195-116 Authorization; conditions and safeguards.
The Commission may, upon application, authorize the issuance of a temporary special exception for earth material removal, filling or excavation. In authorizing the issuance of a temporary special exception, the Commission shall take into consideration the public health, safety and welfare and shall prescribe appropriate conditions and safeguards to ensure the accomplishment of the following objectives:
A.
All proposed structures, equipment or material shall be readily accessible for fire, police and other emergency protection.
B.
The proposal shall be of such location, size and character that it will be in harmony with appropriate and orderly development of the zone, the neighborhood and the city and will not be detrimental to established properties in the area or conflict with the traffic characteristics of the neighborhood.
C.
The location and size of such proposal, the nature and intensity of operations involved in or conducted in connection with such proposal, its site layout and its relation to access streets shall be such that both pedestrians and vehicular traffic to, from and in the vicinity of the use will not be hazardous, inconvenient or detrimental to the character of the zone or conflict with the traffic characteristics of the neighborhood.
D.
The nature and extent of landscaping and excavation on the site shall be such that the use will not hinder or discourage the appropriate development and use of adjacent land or buildings or impair the value thereof.
§ 195-117 Application information required.
Application for a special exception under this article shall be submitted, in writing, with an application prescribed by the Commission. The Commission may request the applicant to submit such additional information that it deems necessary in order to decide on the application. In acting on any application, the Commission shall hold a public hearing, shall decide thereon and shall give notice of its decision as required by law. The application shall be signed by the owner or his authorized agent, state where the excavation, grading, removal or filling operation is proposed and shall be accompanied by maps and plans, drawn to a scale of one inch equals 50 feet, with profiles on the longitudinal axis 200 feet on center or closer if required by the Commission, prepared by a licensed surveyor or engineer and showing the following:
A.
Zoning district for the lot, the City Assessor's map and lot number for the lot and the acreage of the lot.
B.
The quantity in cubic yards of earth material involved in project.
C.
A small-scale map, drawn to the same scale as the City Assessor's map of the area, showing the location of the lot, the names of all owners within 500 feet and streets and the names of the applicant and the owner of the lot.
D.
In the area of the proposed operation and within 200 feet thereof, existing contours and the proposed contours for the completed operation, which contours shall have a maximum interval of two feet.
E.
The grades of all abutting streets and lands.
F.
Location and size of any existing and proposed building or structures on the lot.
G.
Proposed slopes and lateral supports at limits of project upon completion.
H.
Proposed travel access to the area of the proposed operation.
I.
Location of rivers, streams, brooks, waterways, lakes, ponds, marshes, swamps, bogs, floodplains and wooded areas on and adjacent to the lot.
J.
Details of existing and proposed drainage systems and proposed measures for erosion and sedimentation control and details of proposed planting for the area of the proposed operation, both to prevent erosion during the course of the operation and at the conclusion thereof.
K.
The location and limits of the area of the proposed operation.
L.
The proposed details of entry and egress for surface water drainage and of any streams, bodies of water and watercourses, natural or artificial. Filling operations must be conducted in such a manner as not to alter the course of rivers, streams or other water bodies unless approved by the Inland Wetlands Commission or, in the case of water bodies, with encroachment lines by the State of Connecticut, Department of Environmental Protection.
M.
Clearing, grading and vegetative stabilization.
(1)
Areas to be cleared, staging and sequence of clearing.
(2)
Disposal of cleared material.
(3)
Areas to be graded, staging and sequence of grading.
(4)
Areas and acreage to be vegetatively stabilized.
(5)
Planned vegetation with details of plants, seed, mulch, fertilizer planting dates, etc.
(6)
Temporary erosion protection of disturbed areas.
(7)
Temporary erosion protection when time of year or weather prohibit establishment of permanent vegetative cover.
N.
Typed narrative addressing the following (written provisions for soil erosion contingency plans):
(1)
Nature, purpose and description of project.
(2)
Potentially serious erosion or sediment problems.
(3)
The stages of development if more than one stage is planned.
(4)
The sequence of major operations on the land, such as installation of erosion control measures, clearing, grading, temporary stabilization, road base, road paving, building construction, permanent stabilization, removal of temporary erosion control measures.
(5)
The time required for the major operations identified in the sequence.
(6)
Maintenance requirements or measures during construction of project.
(7)
Person responsible for maintenance during construction of project.
(8)
Maintenance requirements of permanent measures when project is complete.
(9)
Organization or person responsible for maintenance of permanent measures when project is complete.
(10)
Certification that neither proposed work nor progress of work will have any impact on an inland wetland or that of a previously obtained inland wetland permit.
§ 195-118 Approval; requirements to be satisfied.
The Commission may grant a special exception for a maximum period of two years, when it is satisfied that the following requirements will be met:
A.
The applicant shall be required to section the entire property which is the subject of his permit into areas of not more than five acres and he shall so schedule the work of soil removal or filling so that the operation conducted in one section shall be complete and the section shall be at final grade before work shall commence in any other section of the premises.
B.
When the operation of each section is completed, or work has progressed sufficiently to where reclamation is practicable, the area affected by the operation shall then be graded so that slopes in disturbed areas shall be no steeper than 1 to 2 (vertical-horizontal). A layer of topsoil shall be spread over the compaction in accordance with the approved final grading plan. The area shall then be seeded with a suitable grass mixture at the minimum rate of five pounds per 1,000 square feet, containing at least 75% permanent grasses and maintained by mulching, repairing and reseeding until the area is stabilized and approved by the Commission. Any permitted operation that remains inactive for 30 days or more shall be graded to no steeper than a one-to-two (vertical-horizontal) slope.
C.
The operation will be carried out in conformity with the maps and plans as approved.
D.
Screening, sifting, washing or crushing of material native to the site and used for site purposes only may be permitted by special permit. All other processing shall be restricted to the I-Zone only.
E.
No machinery, such as a screener, sifter or crusher, shall be erected or maintained within 100 feet of any property line or street line.
F.
The existing grade shall be maintained for a distance of 25 feet parallel to the property line from top (cut) or toe (fill) of slope. Excavation occurring from 25 feet to 50 feet of a property or street line shall maintain a slope of 1 to 3 (vertical-horizontal). When deemed appropriate by the Commission and where a joint agreement between property owners has been filed with the Commission, an excavation may be allowed to adjoin adjacent property when such adjointment will not create a hazard and will provide a more harmonious blend.
G.
No building or other structures shall be erected on the lot during the operation except temporary shelter for machinery and portable sanitary facilities, subject to approval by the Commission.
H.
At all stages of the operation, and upon completion, proper drainage shall be provided to prevent collection and stagnation of water and the prevention of harmful effects upon surrounding properties through soil erosion or interference with natural watercourses, as specified in Article XIV of these regulations.
I.
The plans shall provide that all access roads from the project to public highways or streets or to adjoining properties within 500 feet of such highways, residences or streets maintain a combined 50 feet travel and 50 feet paved entrance/egress to minimize the tracking of soil onto city and state roads.
J.
Proper measures shall be taken to minimize the impact on adjacent properties for noise, flying dust or rock and unsightly or dangerous conditions. Such measures may include, when considered necessary, screening, fencing, limitations upon the practice of stockpiling excavated materials upon the site and shall include covering truck loads.
K.
Whenever any owner, developer or excavator shall remove topsoil in or upon any land in the city, and is to store said topsoil, provisions shall be made for the storage of said topsoil within the boundary of said property. Disturbance within the preservable section of the area shall be minimized to avoid erosion, loss of vegetation and windblown material products by means of a seeded covercrop or other organic mesh covering or seeding process.
L.
Except as hereinafter provided, when topsoil is stored, it shall be uniformly replaced over the entire area or surface of the land on or before the completion date set forth in the soil removal special exception so that the final grades of said replaced topsoil shall conform to the proposed final grades shown on the topographical map. In the case of a filling operation, a layer of topsoil shall be uniformly placed over the area to conform to proposed final grades.
M.
There shall be no removal, filling, grading or hauling from any approved project between the hours of 6:00 p.m. and 7:00 a.m., nor on Saturdays, Sundays or legal holidays.
N.
In land excavation operations, the location of tree stumps and other debris shall be delineated on the site plan.
§ 195-119 Review considerations.
A.
The Commission, in considering and reviewing the application and in arriving at its decision, shall be guided and take into consideration the public health, safety and general welfare, and particular consideration shall be given to the following factors:
(1)
Soil erosion by water and wind.
(2)
Drainage (surface and subsurface).
(3)
Soil fertility.
(4)
Lateral support slopes and grades of abutting streets and land.
(5)
Adjacent land values and uses.
(6)
Potential groundwater drinking supplies.
(7)
Such other factors as may bear upon or relate to the coordinated, adjusted and harmonious physical development of the city.
B.
In the case of removal of quarry stone and mining operation, the Commission may modify the foregoing requirements where such operations will not endanger public health and safety or be detrimental to the neighboring properties.
C.
The Commission may require weekly or monthly inspection reports on the operations and maintenance program for the proposed soil erosion and sediment control measures and stormwater management facilities. Such reports shall include:
§ 195-120 Permit expiration and renewal.
A.
Any special exception granted under this article shall expire two years from the date of Commission approval, unless specifically granted for a shorter period to time.
B.
The Commission may grant renewals of an approved special exception for a period not to exceed two years, provided that the operation is being conducted as approved and provided by the Commission and may determine that a revised or additional performance bond shall be posted.
C.
Before a permit is granted under this article, the applicant shall post a surety bond with the Zoning Officer in an amount approved by the City Engineer as sufficient to guarantee conformity with the provisions of the permit issued hereunder.
D.
All renewal applications shall be applied for and shall be subject to all the requirements of this article. A renewal application shall be treated as a new application. Site plans for all renewal applications shall include revised spot elevations. Said spot elevations shall be determined in the field by a licensed land surveyor.