Killingworth City Zoning Code
ARTICLE XXIII
Erosion and Sediment Control
§ 500-134 Definitions.
As used in this article, the following terms shall have the meaning indicated:
A signed, written approval by the Killingworth Planning and Zoning Commission or its designated agent or the Middlesex County Soil and Water Conservation District that a soil erosion and sediment control plan complies with the applicable requirements of these regulations.[1]
The Middlesex County Soil and Water Conservation District established under Subsection (a) of § 22a-315 of the Connecticut General Statutes.
Any construction or grading activities to improved or unimproved real estate.
An area where the ground cover is destroyed or removed leaving the land subject to accelerated erosion.
The detachment and movement of soil or rock fragments by water, wind, ice or gravity.
Any excavating, grubbing, filling (including hydraulic fill) or stockpiling of earth materials or any combination thereof, including the land in its excavated or filled condition.
The periodic review of sediment and erosion control measures shown on the certified plan.
Solid material, either mineral or organic, that is in suspension, is transported, or has been moved from its site of origin by erosion.
Any unconsolidated mineral or organic material of any origin.
A scheme that minimizes soil erosion and sedimentation resulting from development and includes, but is not limited to, a map and narrative.
§ 500-135 Activities requiring certified erosion and sediment control plan.
A soil erosion and sediment control plan shall be submitted with any application for development when the disturbed area of such development is cumulatively more than 1/2 acre.
§ 500-136 Exemption.
Excavation for the foundation of a single-family dwelling that is not a part of a subdivision of land shall be exempt from these soil erosion and sediment control regulations.
§ 500-137 Erosion and sediment control plan.
To be eligible for certification, a soil erosion and sediment control plan shall contain proper provisions to adequately control accelerated erosion and sedimentation and reduce the danger from stormwater runoff on the proposed site 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. Alternate principles, methods and practices may be used with prior approval of the Commission.
Said plan shall contain, but not be limited to:
A narrative describing:
The development.
The schedule for grading and construction activities, including:
The design criteria for proposed soil erosion and sediment control measures and stormwater management facilities.
The construction details for proposed soil erosion and sediment control measures and stormwater management facilities.
The installation and/or application procedures for proposed soil erosion and sediment control measures and stormwater management facilities.
The operations and maintenance program for proposed soil erosion and sediment control measures and stormwater management facilities.
A site plan map at a sufficient scale to show:
The location of the proposed development and adjacent properties;
The existing and proposed topography, including soil types, wetlands, watercourses and water bodies;
The existing structures on the project site, if any;
The proposed area alterations, including cleared, excavated, filled or graded areas and proposed structures, utilities and roads and, if applicable, new property lines;
The location of and design details for all proposed soil erosion and sediment control measures and stormwater management facilities;
The sequence of grading and construction activities;
The sequence for installation and/or application of soil erosion and sediment control measures; and
The sequence for final stabilization of the development site.
Any other information deemed necessary or appropriate by the applicant or requested by the Commission or its designated agent.
§ 500-138 Minimum acceptable standards.
Plans for soil erosion and sediment control shall be developed in accordance with these regulations using the principles as outlined in Chapters 3 and 4 of the Connecticut Guidelines for Soil Erosion and Sediment Control (1985), as amended. Soil erosion and sediment control plans 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.
The minimum standards for individual measures are those in the Connecticut Guidelines for Soil Erosion and Sediment Control (1985), as amended. The Commission (or the County Soil Water Conservation District) may grant exceptions when requested by the applicant if technically sound reasons are presented.
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 Commission.
§ 500-139 Issuance or denial of certification.
The Planning and Zoning Commission (its designated agent or the Middlesex County Soil and Water Conservation District) shall either certify that the soil erosion and sediment control plan, as filed, complies with the requirements and objectives of this regulation or deny certification when the development proposal does not comply with these regulations.
Nothing in these regulations shall be construed as extending the time limits for the approval of any application under Chapter 124, 124A or 126 of the Connecticut General Statutes.
Prior to certification, any plan submitted to the municipality may be reviewed by the County Soil and Water Conservation District, which may make recommendations concerning such plan, provided that such review shall be completed within 30 days of the receipt of such plan.
The Commission may forward a copy of the development proposal to the Conservation Commission or other review agency or consultant for review and comment.
§ 500-140 Conditions relating to soil erosion and sediment control.
The estimated costs of measures required to control soil erosion and sedimentation, as specified in the certified plan, that are a condition of certification of any modified site plan may be required to be covered in a performance bond or other assurance acceptable to the Commission in accordance with the provisions specified under § 500-122 or 500-165 of these regulations.
Site development shall not begin unless the soil erosion and sediment control plan is certified and those control measures and facilities in the plan scheduled for installation prior to site development are installed and functional.
Planned soil erosion and sediment control measures and facilities shall be installed as scheduled according to the certified plan.
All control measures and facilities shall be maintained in effective condition to ensure the compliance of the certified plan.
§ 500-141 Inspection.
Inspections shall be made by the Commission or its designated agent during development to ensure compliance with the certified plan and that control measures and facilities are properly performed or installed and maintained. The Commission may require the permittee to verify through progress reports that soil erosion and sediment control measures and facilities have been performed and/or installed according to the certified plan and are being operated and maintained.