Lyme City Zoning Code
ARTICLE 16
Sedimentation and Erosion Control
§ 315-16.1 Plans required.
No permit shall be issued for new construction unless a site plan, together with a noncommercial cutting plan (when applicable, as determined by the Zoning Enforcement Officer), containing all the information necessary to meet the requirements of these regulations shall have been submitted to and approved by the Zoning Enforcement Officer or the Planning and Zoning Commission. Where the development is for a multifamily project, or permitted nonresidential use in any district, approval shall be by the Planning and Zoning Commission.
§ 315-16.2 Soil erosion and sediment control plan.
A.
A soil erosion and sediment control plan shall be submitted with any application for development if:
(1)
The disturbed area of such development will be cumulatively more than 1/2 acre;
(2)
The Zoning Enforcement Officer determines that a proposal has the potential to create an erosion problem. The Zoning Enforcement Officer will refer the proposal to the Planning and Zoning Commission; or
(3)
Any nonresidential use, multifamily use, or family dwelling unit in excess of 4,000 square feet is proposed within the Conservation District.
B.
To be eligible for certification, a soil erosion and sediment control plan shall contain proper provisions to adequately control erosion and sedimentation and reduce the danger from the stormwater runoff on the proposed site based on the best available technology.
C.
Such principles, methods and practices necessary for certification are found in the Connecticut Guidelines for Soil Erosion and Sediment Control (2002), as amended. Alternative principles, methods and practices may be used with prior approval of the Commission.
D.
The soil erosion and sediment control plan shall include a narrative describing the following:
(1)
The development.
(2)
The schedule for grading and construction activities, including start and completion dates; sequence for 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.
(6)
The operations and maintenance program for proposed soil erosion and sediment control measures and stormwater management facilities.
E.
The Commission may require a soil erosion and sedimentation control plan for any activity if it determines that the activity has significant erosion potential. The plan shall include the following:
(1)
The existing and proposed topography, including soil types.
(2)
The proposed area alterations, including cleared, excavated, filled, or graded areas.
(3)
The location of and design details for all proposed soil erosion and sediment control measures and stormwater management facilities.
(4)
The sequence of grading and construction activities.
(5)
The sequence for installation and/or application of soil erosion and sediment control measures.
(6)
The sequence for final stabilization of the development site.
§ 315-16.3 Minimum acceptable standards.
A.
Plans for soil erosion and sediment control shall be developed in accordance with these regulations using the principles as outlined in the Connecticut Guidelines for Soil Erosion and Sediment Control (2002), 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.
B.
The minimum standards for individual measures are those in the Connecticut Guidelines for Soil Erosion and Sediment Control (2002), as amended. The Commission may grant exceptions when requested by the applicant if technically sound reasons are presented.
C.
The appropriate method from the Connecticut Guidelines for Soil Erosion and Sediment Control (2002), as amended, shall be used in determining peak flow rates and volumes of runoff unless an alternative method is approved by the Commission.
§ 315-16.4 Issuance or denial of certification.
A.
The Lyme Planning and Zoning Commission 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.
B.
Nothing in these regulations shall be construed as extending the time limits for the approval of any applications under Chapter 124 or 126 of the Connecticut General Statutes.
C.
Any soil erosion and sediment control plan may be submitted to the Soil and Water Conservation District for review and advisory opinion.
D.
The Commission may forward a copy of the development proposal to the Conservation Commission or other review agency or consultant for review and comment.
§ 315-16.5 Conditions relating to soil erosion and sediment control.
A.
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. The bond shall be posted with the Treasurer of the Town of Lyme in an amount approved by the Planning and Zoning Commission as sufficient to guarantee conformity with the provisions of the plan issued hereunder.
B.
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.
C.
Planned soil erosion and sediment control measures and facilities shall be installed as scheduled according to the certified plan.
D.
All control measures and facilities shall be maintained in effective condition to ensure the compliance of the certified plan.
§ 315-16.6 Use of noninvasive species.
In preparing sedimentation and erosion control plans, the applicant shall select vegetation that is native to the area. Invasive plant species shall not be used for stabilization. Where invasive species are present, the applicant shall show plans to remove the invasive species and replace with native, noninvasive vegetation.
§ 315-16.7 Inspection; progress reports.
Inspections may 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 or installed according to the certified plan and are being operated and maintained. The cost of the inspections and consultants shall be paid by the applicant in accordance with the fee schedule.[1]
[1]
Editor's Note: See Appendix A, Fee Schedule, included as an attachment to this chapter.