13.1

General. Except for those activities excluded in Section 13.2 below, the excavation, filling or regrading of earthen material on any lot in any zoning district shall require a Special Permit granted by the Planning and Zoning Commission subject to the requirements of this section.

13.2

Exclusions. The following activities involving excavation, filling, or regrading of earthen materials are exempt from the specific requirements of this section, but may be subject to requirements contained elsewhere in these regulations:

a)

Activities involving fifty (50) cubic yards of material or less are allowed on any lot for any purpose without zoning approval.

b)

Activities involving more than fifty (50) cubic yards and up to one hundred fifty (150) cubic yards of material require a Zoning Permit issued by the Zoning Enforcement Officer. Activities involving more than one hundred fifty (150) cubic yards must conform to the requirements of this section.

c)

Activities required for the construction of foundations, driveways, septic systems, swimming pools and lot regrading associated with building construction for which a building permit has been issued involving no more than one thousand, two hundred (1,200) cubic yards of material.

d)

Activities associated with land preparation for agricultural use involving no more than one thousand five hundred (1,500) cubic yards of material.

e)

Activities shown on a grading plan submitted with a Site Plan, Special Permit or Subdivision application and approved by the Planning and Zoning Commission. In the case of a Site Plan or Special Permit, the Commission may require an as built progress plan after one (1) year to determine that enough progress has been made. The Commission shall require surety for restoration of the entire site.

f)

Activities associated with the repair or alteration of an existing roadway or parking lot, or the installation and repair of public utility lines.

13.3

Application for Earthen Material Removal, Filling or Regrading.

13.3.1

Site Plan Requirements.

a)

The Site Plan shall be prepared at a scale of no more than one (1) inch to forty (40) feet. The plan shall meet the standards of a Class A-2 and Class T-2 survey and be prepared by a Connecticut Licensed Land Surveyor. A Professional Engineer shall design storm water drainage, retaining walls and similar improvements.

b)

The Site Plan shall show as much of the following information as is applicable to or reasonably required by the proposed activity: property lines, existing and proposed structures, existing and proposed contours at two-foot intervals, grading limits, location and results of soil borings, location of wetlands and watercourses, storm water drainage facilities, access or haul roads, areas for storage of equipment, fuel or other hazardous materials, and the location of any rock crusher or other processing machinery.

c)

The Site Plan shall include notations giving the following information: types of equipment to be used, estimates of the amount of material to be removed, hours of operation and acknowledgement that any blasting will conform to the Town's blasting ordinance.

d)

A certified erosion control plan as specified in these regulations shall be submitted either as a separate sheet or on the Site Plan.

13.3.2

Standards.

a)

Not more than five (5) acres shall be disturbed at any one time. In general, the area of active excavation shall be no more than two (2) acres, with the balance of the disturbed area to be used for ancillary operations such as stockpiling, storage of machinery, haul roads and the like.

b)

The access road shall be paved for a distance of at least twenty-five (25) feet from a public road. There shall be the usual construction entrance at the end of the pavement.

c)

There shall be no excavation within fifty (50) feet of any adjoining property line.

d)

The permit holder shall ensure that vehicles transporting earthen materials to and from the site are securely loaded to prevent spillage.

e)

Drainage facilities shall be provided to control the discharge of storm water on to adjacent property or streets. On-site detention and/or stormwater quality management measures may be required.

f)

The storage of hazardous materials and the fueling of vehicles shall take place on an impervious surface protected by a dike to contain spillage.

g)

Any form of processing of materials (rock crushing, screening, loading, sifting, importing or exporting) shall be permitted in any zoning district subject to a Special Permit approval from the Planning and Zoning Commission. Fixed in place Processing machinery shall be located at least three hundred (300) feet from any property line. Movable equipment or portable track equipment with self-contained, measures of dust control may be located not closer than one hundred fifty feet (150) from a property line. Acoustical and dust control measures shall be provided as required by the Town Engineer.

h)

The maximum hours of operation involving the processing of materials (rock crushing, screening, loading, sifting, importing or exporting) shall be from 7:00 a.m. to 5:00 p.m. on weekdays and from 8:00 a.m. to 12:00 p.m. on Saturday. There shall be no processing of materials on Sundays or legal holidays.

13.3.3

Restoration.

a)

No area of more than two (2) acres shall remain in an undisturbed state for more than one (1) year after excavation and/or filling to final grade has been completed as shown on the application. Restoration shall be started within this one (1) year period.

b)

Disturbed areas shall be evenly graded to a slope not exceeding one (1) foot vertical rise to each two (2) feet of horizontal distance. This slope may be modified where exposed bedrock or other natural conditions make a steeper slope unavoidable, provided that the resulting slope is stable and safe.

c)

Disturbed areas shall be covered with a suitable planting media and seeded with a perennial grass. The permit holder shall maintain the area until the vegetative cover is established and there is no danger of erosion by wind or water. The entire area shall be free from debris and loose boulders.

d)

Restoration of the entire permit area shall have been either completed or started within one (1) year after establishment of final grade. The performance bond required below shall not be released until the Planning and Zoning Commission has ruled that restoration is satisfactory.

13.4

Performance Bond. A performance bond shall be provided by the applicant in favor of the Town of Seymour. The bond shall be in an amount recommended by the Town Engineer and in a form acceptable to Town Counsel. The bond shall provide for site stabilization, restoration, erosion control and the completion of any other improvements required for public convenience and safety

13.5

Duration of Permit/Renewal. A permit issued pursuant to this section shall be valid for a period of one (1) year from the date of approval and may be renewed for subsequent periods of one (1) year. An application for renewal shall include an updated Site Plan and a statement of the volume of material removed during the past year. An application for renewal shall be approved, if the Zoning Enforcement Officer finds that work done during the preceding year was in compliance with the issued permit. If the ZEO determines that the work has not been compliant with the issued permit, the applicant shall be required to appear before the Planning and Zoning Commission to determine its renewal status.