Foundation, trench, septic and related site excavation and/or filling performed after the issuance of a building and/or septic permit.

Filling, removal or excavation in connection with the landscaping and grading of land for a purpose for which a building permit is not required, provided that such filling, removal, or excavation shall not exceed 1,000 cubic yards of material.

The Commission shall consider, but is not limited to, the following information in determining whether a waiver is appropriate:

The applicant for any consideration of a waiver hereunder shall notify each adjacent and abutting property owner, by certified mail, return receipt requested, of his proposal, including the date and place at which the Commission will review the application. Such notice shall be given at least 10 days prior to the scheduled meeting.

Location of the premises, the name and address of the applicant, and the names and addresses of abutting landowners.

Grading plan showing existing contours in the area to be excavated and proposed contours for the area after operation. Such plans shall include the area to be excavated as well as the surrounding area within 50 feet of the excavation, or within 100 feet of abutting properties, whichever is greater, and shall be drawn at a scale not to exceed 100 feet to the inch and with contours shown at intervals of not more than two feet. No finished slopes or banks should exceed one foot of vertical rise to three feet of horizontal run.

Existing and proposed drainage of the site and details of plans for sedimentation control and for the prevention of soil erosion during and at the completion of the operation.

Proposed truck access from the excavation to government or public roads or highways and all other roadways within the site.

The location and type of any buildings or machinery to be installed.

Details of the final grading and planting of the site to prevent erosion of the site at the conclusion of the operations.

An estimate of the number and types of trucks and equipment on site, together with their maximum loading capacity, and other machinery to be used on the site.

An estimate of the amount of yards of material to be removed from the site, the rate of removal and an estimate of traffic volume, including a description of number and type of truck that will be leaving the site.

The plan shall provide for a fence or embankment for the protection and safety of vehicular and pedestrian traffic and a reasonable means of screening the excavation from the view of highway traffic and surrounding homeowners.

The hours and days of the week proposed for operations at the site, and the estimated starting and completion dates for the excavation.

Insurance. No permit shall be issued until the applicant has filed with the Commission a certificate evidencing that the applicant has obtained a policy of liability insurance, in which the Town of Lyme shall be named insured, with a limit of not less than $1,000,000 as to personal injury, including death, and $250,000 as to property damage, covering all operations to be conducted pursuant to the permit. In the event of cancellation of such insurance, the permit shall terminate.

If the Planning and Zoning Commission determines that the permittee has deviated from the plans in such a way as to cause a substantial material violation of the permit, the Planning and Zoning Commission shall have the right, upon notice and hearing, to revoke the permit. Upon revocation of the permit, all operations shall cease.

The applicant shall post a letter of credit or a bond with the Town Treasurer sufficient to cover the costs of any required access, drainage, or safety improvements, the cost of regrading disturbed areas, covering with topsoil and seeding, and generally to conform to the provisions of the permit issued herein. The applicant shall present an estimate of such costs prepared by a registered professional engineer, and the Commission shall determine the amount of the bond or the letter of credit. The bond or the letter of credit shall be in a form approved by the Planning and Zoning Commission and from an institution acceptable to the Planning and Zoning Commission. The bond or letter of credit shall remain in effect through the period of the permit and any subsequent renewal, plus one year. The Town may require, at reasonable times throughout the life of the permit, proof of the continued validity and enforceability, as well as amount, of said letter of credit or bond. Failure of the permittee to produce evidence that the bond or letter of credit is in effect for the amount required shall be grounds for revocation of the permit. The Commission may reduce the letter of credit or bond requirements as portions of the work are completed.

The amount of the letter of credit shall be determined based upon the particular facts of each application.

No earth material removal operation, nor any component thereof, shall take place within 500 feet of any property line of a lot situated outside the applicant's property containing a dwelling which is occupied or fit for occupancy unless the landowner shall have consented to such excavation or removal of material by instrument recorded in the office of the Town Clerk. No such operation shall take place within 200 feet of any state highway or Town road. No earth material operations shall take place within any wetlands regulated area unless a permit from the Lyme Inland Wetlands and Watercourses Agency has been obtained.

No building except a field office or temporary shelter for machinery shall be erected on the premises.

At all stages of the operation proper drainage shall be provided to prevent the collection and stagnation of water and to prevent erosion or siltation into wetlands regulated areas.

During the period of filling, removal, or excavation barricades or fences shall be erected as are deemed necessary by the Commission for the protection of the public. At no time shall an overhang be permitted.

Truck access to earth material operations shall be so arranged as to minimize danger to traffic and nuisance to surrounding properties. Safety of truck access and adequacy of sight lines, given speed limits involved, shall be certified by a traffic engineer. That portion of access road within the area of operation shall be treated to minimize dust.

Proper measures shall be taken to minimize the nuisance of noise and flying dust or rock. Such measures may include limitations upon the stockpiling of excavated materials on the site.

The quarrying of bedrock and any washing or crushing of any materials shall be prohibited in the Town of Lyme.

Screening may be conducted upon the premises provided such operations are located at least 800 feet from any property or street line.

Overburden shall be stockpiled in rows or concentrated piles and stabilized in an acceptable manner so that it does not become a source of dust beyond the applicant's property.

There shall be no excavation and/or removal between 5:00 p.m. and 7:00 a.m. nor on Saturdays or Sundays, except with the specific approval of the Commission. This restriction does not apply, as determined by the Town First Selectman, in a snow, flood, or other natural state of emergency.

At no time may the disturbed area of filling, removal or excavation operations exceed five acres in extent not including any access roadway.

Upon completion of the authorized work, the area of excavated or otherwise disturbed ground shall be prepared or restored as follows:

Periodic reports prepared and certified by a professional engineer licensed in the State of Connecticut shall be submitted showing the status and progress of the work or operation, as specified by the Commission, including but not limited to cross sections determining the volume of material removed, the cost of which shall be borne by the applicant.

The Commission or its authorized agents shall, at all times, have access to the premises for the purpose of inspection and determination of compliance with this article.