These Regulations are designed to allow the extraction of earth, sand, stone, gravel, minerals, loam, clay, peat moss and other earth products as a temporary operation in Zones B and C. These Regulations are intended to:

9.1.1.

Regulate and control the operation of earth removal.

9.1.2.

Prevent conditions detrimental to the public safety, health and general welfare, including but not limited to erosion, creation of dangerous open pits, stagnant water bodies, nuisances and permanent damage to the landscape.

9.1.3.

To conserve and preserve storage of water wetlands and flood plains.

9.1.4.

Preserve the value of adjacent properties and the land itself for future use.

9.1.5.

Preserve the rural character and prevent further congestion of the town center.

9.1.6.

Earth removal and filling as separate, for profit-uses of land are not permitted in any zone under these Regulations. Earth removal and filling may be allowed only where such activities are incidental to and necessary for the conduct of another use otherwise permitted in the zone, and only in accordance with these Regulations. No excavation or removal of sand, gravel, clay, soil, humus, quarrystone, rock, or other earth materials, and no filling of land shall be allowed in any zone.

These Regulations shall be applicable to all excavations, extractions and depositions of earth materials except in instances which qualify under the following:

9.2.1.

Necessary excavation and removal of less than one hundred (100) cubic yards of earth materials in direct connection with the construction on the premises for which a zoning permit has been issued.

9.2.2.

Necessary excavation in direct connection with the construction of streets, drainage and all other required improvements, and the altering of pre-existing contours, provided the same is carried out in accordance with the construction and grading plans approved by the Roxbury Planning and/or Zoning Commission.

9.2.3.

Excavation of material in direct connection with a bona fide farming or agricultural operation, provided that such operation is in conformance with all other regulations of the Town of Roxbury, may be exempt provided that an application is made to the Zoning Commission and a written waiver is issued by same. Such excavation, grading or deposit shall clearly be in support of the raising of crops, forest products and/or livestock and poultry.

9.2.4.

Necessary excavation, grading, deposit or removal of earth materials, not to be in excess of 2,000 cubic yards, in connection with incidental and bona fide grading, landscaping, drainage, pond construction or water course improvement for which a zoning permit is not required.

9.2.5.

There shall be no removal of topsoil from any lot. However, topsoil excavated from under the site of buildings, driveways, sidewalks, patios and other paved areas may be removed from the lot only if the remainder of the lot has a topsoil cover of not less than four (4) inches and after written notice has been given to the Zoning Enforcement Officer prior to such removal; and a zoning permit for such buildings as well as a building permit has been issued.

The operations listed under subsection 9.2 shall be subject to the following restrictions:

9.3.1.

The extent of excavation, grading, deposition or removal of materials shall be only that which is reasonably necessary to establish a permitted use of land and buildings or to construct permitted buildings, structures and site improvements.

9.3.2.

The operation shall not be located in flood plain unless specifically authorized. The operation shall not be located on a wetland or watercourse or within fifty (50) feet thereof unless written approval has been given by the Inland-Wetlands Commission.

9.3.3.

The Town of Roxbury shall observe all safety precautions and conditions as specified elsewhere in these Regulations when undertaking necessary excavation, grading, deposit or removal on land in public use and when in connection with public buildings, uses, facilities or services for the Town of Roxbury.

9.3.4.

All uses permitted under 9.2 shall provide adequate protection against erosion and adequate drainage to prevent the formation of stagnant pools of water.

In the event of disturbance, a land area shall be restored in order that the minimum amount of exposed soil loss shall occur at any given time. The procedure for restoration shall be:

9.4.1.

Such area shall be evenly graded to slopes having a gradient of 4 horizontal to 1 vertical. In addition, the area shall be evenly graded with sufficient slopes to assure adequate drainage of the area, so that stagnant pools of water will be avoided.

9.4.2.

Adequate drainways or gradual slope shall be provided to assure drainage.

9.4.3.

There shall be no excavation, grading, deposit or removal below an elevation of seven (7) feet above any ledge, unless otherwise approved by the Commission as suitable for reasonable reuse of the site.

9.4.4.

All debris and all loose boulders shall be buried or removed from the lot.

9.4.5.

The top layer of any arable soil, to the extent available or to a depth of twelve (12) inches, whichever is greater, shall be retained on the lot and stabilized, and upon completion shall be spread over the entire area with any large stones removed. The area shall then be seeded with a perennial grass and maintained until the ground shall be completely stabilized with a dense cover of grass and there exists no danger of erosion, but this provision shall not apply to the area of ponds nor to exposed areas of ledge existing prior to the work.

9.4.6.

In addition to seeding and as deemed necessary by the Zoning Commission, the work area of the lot shall be planted with sufficient trees and shrubs so as to provide transition to any adjacent residential property and to hasten the return to a natural appearance to the lot.

An application for a temporary excavation special permit shall be made to the Zoning Commission by the property owner or his authorized agent on forms provided by the Zoning Commission. The application shall be accompanied by:

9.5.1.

Three (3) sets of maps and plans drawn at a scale of 1"=40 feet showing the following and prepared by a Connecticut licensed surveyor or engineer:

a.

Location and exterior limits of the area to be excavated or graded;

b.

Property lines and streets, adjoining property owners including those directly across the street or road from the proposed excavation area;

c.

Topographic contour lines at five (5) foot intervals except that where excavation is proposed, contour lines for both existing and proposed excavation shall be at two (2) foot intervals;

d.

Existing and proposed drainage on the lot; existing rivers, streams, watercourses, ponds and other Inland Wetlands as shown on the Inland Wetlands and Watercourses Map of Roxbury within two hundred (200) feet of the permit area;

e.

Proposed truck access to the excavation and the off-site haul route;

f.

Location of any wooded areas, rock outcrops, and existing structures within two hundred (200) feet of the area.

9.5.2.

A Conservation Plan reviewed by the U.S.D.A. Soil Conservation Service. If any ponds are planned to remain on the site, a final grading of the pond area shall be reviewed by the SCS to insure that the pond will not be a health hazard. The Conservation Plan shall include an erosion and sediment control plan, a final regrading and revegetation plan.

9.5.3.

A calculation of the number of cubic yards of earth material to be excavated, graded, or removed.

9.5.4.

Number and types of trucks to be used and an inventory of all equipment to be used to carry out proposed work, hours of operation as well as the location and types of any buildings to be erected.

9.5.5.

A statement of the provisions to be made to prevent and control any nuisance conditions.

9.5.6.

The Commission may require any additional information deemed necessary to evaluate adequately the application and to carry out the purposes set forth in paragraph 9.1.1 of these Regulations.

9.6.1.

The zoning Commission shall review the application to be sure it is complete.

9.6.2.

The procedure for a public hearing shall be followed as set forth in the General Statutes of the State of Connecticut.

9.6.3.

The Commission shall decide on the application within 65 days after the completion of the hearing. The Commission may approve, disapprove or modify the application.

9.7.1.

The applicant shall obtain and maintain liability insurance with a limit of not less than $300,000.00 as to personal injury and $50,000.00 as to property damage and shall furnish a certificate of insurance to the zoning Commission.

9.7.2.

The applicant shall file with the Zoning Commission a cash, savings account, or surety bond, in a form acceptable to Town Counsel, in such amount as the zoning Commission deems sufficient to insure the faithful performance of the work in accordance with this section. The Zoning Commission shall require a portion of such bond to be in cash to be able to remedy any emergency condition.

9.7.3.

In the event of cancellation of insurance, the applicant or the insurer shall notify the Zoning Enforcement Officer, who shall suspend the permit and issue a stop work order. Such officer shall withdraw such order and reinstate the permit when a new certificate of insurance has been received.

9.7.4.

The Temporary Special Permit for Earth Material Removal shall be valid for a period of two (2) years if the Commission finds that no violations have occurred. Application for a renewal shall be made to the Commission at least 65 days before its expiration.

9.7.5.

Upon completion of the earth removal operation and in accordance with the terms of the Temporary Special Permit for Earth Material Removal and after any area to be graded and seeded has become established, the applicant may request the Zoning Commission to return the bond. If the Commission is not satisfied with the work completed, the bond shall be held until the restoration is completed to the satisfaction of the Commission.

9.7.6.

Exemption for Town Operation. Upon written request by the Board of Selectmen of the Town of Roxbury, the following requirements are not applicable:

a.

Paragraph 9.7.1 (insurance)

b.

Paragraph 9.7.2 (bond).

The Zoning Enforcement Officer is authorized to issue Stop Work Orders and orders to remedy any conditions found in violation of this Section 9 in the same manner as provided in Section 18 of these Regulations. The Zoning Enforcement Officer shall issue a Stop Work Order for all or part of an operation that is incapable of being carried out in accordance with the Permit and the standards of this Section 9, such as due to unforeseen soil, ledge rock or groundwater conditions.