The purpose of this section Is to conserve and preserve water storage areas by helping to maintain the ground water level and stream flow, to secure the safety from flood dangers, and to control any fill operations that may create a safety or health hazard to the public or adjacent property owners, or be detrimental to the immediate neighborhood or the Town of Roxbury.

Approval shall be required by the Roxbury Zoning Commission for any filling of earth, regrading of earth, and extensive cutting of trees, when in the opinion of the Zoning Enforcement Officer, the filling, regrading and cutting shall cause erosion, sedimentation, and flooding problems to neighboring properties. The Zoning Commission shall give approval only after a site plan of development has been submitted in accordance with Section 7 of the Zoning Regulations.

10.2.1.

Approval from the Zoning Commission will not be required under the following conditions:

a.

A sanitary landfill operation carried on by the Town of Roxbury.

b.

Construction of a building for which a building permit has been duly issued.

c.

Agricultural or landscaping operations, including farm pond operations, providing a report approving the operation is provided to the Zoning Enforcement Officer from the Soil Conservation Service.

d.

Where such filling, grading or removal operations have been approved by the Commission as a part of a subdivision or a site plan of development.

e.

Within the right-of-ways of the State of Connecticut.

f.

The amount of land filling, excluding mulch or top soil for garden maintenance and gravel for driveway maintenance is less than 100 cubic yards in any 12-month period.

10.2.2.

The Commission may, by special permit, regulate landfill operations under the following conditions:

a.

The applicant shall submit a plan showing existing grades in the area drawn to a two (2) foot contour level, showing the area which it is proposed to fill, together with finished grades at the conclusion of the operation. This map shall be drawn to a scale of not less than one inch equals 200 feet, shall include a key map showing property owners within a five hundred (500) foot distance of the proposed operation, such as the map required by subdivision regulations.

b.

In the case of filling operations which abut or include natural bodies of water such as ponds, streams, lakes or swamps, the plan shall be accompanied by a report prepared by a professional Engineer, licensed to practice in the state of Connecticut. Such report shall include an analysis of the effect of the filling on up and down stream flow of water. This report may be waived at the discretion of the Zoning Enforcement Officer.

c.

The plan shall provide for proper drainage of the operation, during and after completion. No bank shall exceed a slope of one foot of vertical rise in two feet of horizontal distance. Necessary precaution against erosion shall be shown.

d.

At the conclusion of the operation or any substantial portion thereof, the whole area where the filling takes place shall be covered with not less than four (4) inches of topsoil and seeded with suitable cover crop.

e.

Safety measures necessary to protect vehicular and pedestrian traffic may be required, including but not limited to pavement of access roads to reduce dust and relieve traffic problems and paths to insure pedestrian safety.

f.

A cash or surety company bond may be required to be filed with the Town Treasurer satisfactory to him and in the amount approved by the Zoning Enforcement Officer securing the completion of work shown on the final plan, in accordance with the provisions of the permit.

g.

Copies of all applications may be submitted to the Inland Wetlands and Conservation Commissions for comment at the discretion of the Zoning Commission.

h.

A permit shall be issued for a period not to exceed one year from the effective date of approval.

The Zoning Enforcement officer is authorized to issue Stop Work Orders and orders to remedy any conditions found in violation of this Section 10 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 10, such as due to unforeseen soil, ledge rock or groundwater conditions.