8.1 General. The excavation, grading, deposit or removal of earth, loam, topsoil, sand, gravel, clay or quarry stone is a use of land that is subject to the Zoning Regulations of the Town of Southbury, Connecticut and this Section 8. The only such use permitted in the Town is one (1) of the following:

a.

The Permitted Operations listed in Par. 8.2, which are subject to the restrictions set forth therein and in Par. 8.3; or

b.

Soil Extraction, which is subject to the procedures, standards and conditions of Par. 8.4 through Par. 8.12.

The provisions of Par. 8.4 through Par. 8.12 are adopted by the Zoning Commission of the Town of Southbury under the provisions of Sec. 7-148 of the General Statutes of the State of Connecticut. The Zoning Enforcement Officer shall have the responsibility and authority to enforce the provisions of Section 8. The provisions of Section 13 Nonconformity of the Zoning Regulations are not applicable to such Soil Extraction use. Any violation of this Section 8 is subject to the penalties and remedies specified in Sec. 8-12 of the General Statutes.

8.2 Permitted Operations: The following excavation, grading, deposit and removal operations, and no other, are Permitted Operations authorized under the Zoning Regulations:

8.2.1 Site Development Plan, Special Exception, PDD: Necessary excavation, grading, deposit or removal in connection with the use of land and buildings or the construction or alteration of buildings, other structures, outside storage areas, off-street parking or loading areas or other site improvements for which:

a.

A SITE DEVELOPMENT PLAN has been approved by the Planning Commission as provided in Section 14 of these Regulations;

b.

A SPECIAL EXCEPTION has been granted as provided in Sections 6 or 7 or Par. 12.4 of these Regulations; or

c.

Detailed Plans within an adopted Planned Development District have been approved by the Zoning Commission as provided in Section 12 of these Regulations, and when these specifically include plans and authorization for such excavation, grading, deposit or removal, a ZONING PERMIT for the use or construction has been issued and any required Building Permit has been issued by the Town of Southbury.

8.2.2 Subdivisions and Streets: Necessary excavation, grading, deposit or removal in connection with the construction of streets, drainage and other required improvements and/or changing of contours and grading of lots a) in an approved subdivision or resubdivision in accordance with construction plans and grading plans approved by the Planning Commission under the Subdivision Regulations of the Town of Southbury, Connecticut, b) in connection with the layout of a street as approved by the Planning Commission under Sec. 13a-71 of the General Statutes or c) the improvement of a highway to authorize issuance of a building permit under a certain Town Ordinance adopted effective July 17, 1972, and when any required Road Construction Permit for any of the above has been issued by the Board of Selectmen.

8.2.3 Detached Dwellings. Necessary excavation, grading, deposit or removal in connection with the construction or alteration of a single detached dwelling for one (1) or two (2) families, and buildings and structures accessory thereto, including the construction of driveways, sidewalks, walls, terraces, sewage disposal systems and other site improvements therefor, provided that all of the following conditions are met:

a.

The buildings, structures and site improvements shall be shown on the plot plan specified in Par. 14.2.1;

b.

There shall be no removal of any topsoil from the lot, provided however that topsoil excavated from under the location of buildings and structures and driveways, sidewalks, terraces 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 six (6) inches and after written notice has been given to the Zoning Enforcement Officer prior to such removal; and

c.

A ZONING PERMIT for such dwelling or accessory buildings or structures has been issued by the Zoning Enforcement Officer and any required Building Permit has been issued by the Town of Southbury.

8.2.4 Public Uses. Necessary excavation, grading, deposit or removal on land in public use and when in connection with public buildings, uses, facilities and services of the Town of Southbury, Regional School District No. 15, State of Connecticut or Federal Government.

8.2.5 Incidental Operations. Either of the following, after written notice of the operations has been given to the Zoning Enforcement Officer and he has determined that additional authorization is not otherwise required under the provisions of this Section 8:

a.

On any lot, excavation, grading, deposit or removal of not more than 50 cubic yards of earth material, including sand, gravel, clay or quarry stone, but excluding loam and topsoil, in any calendar year; or

b.

On any lot, excavation, grading, deposit or removal of earth material in connection with incidental and bona fide grading, landscaping, drainage or water course improvements for which issuance of a ZONING PERMIT or a Building Permit by the Town of Southbury is not required.

8.2.6 Farming: Necessary excavation, grading or deposit, expressly excluding removal, in connection with a bona fide farm, truck garden, forestry or livestock and poultry keeping use for which a ZONING PERMIT and a CERTIFICATE OF ZONING COMPLIANCE have been issued by the Zoning Enforcement Officer and when such excavation, grading or deposit is clearly in support of the raising of crops, forest products and/or livestock and poultry.

8.3 Conditions for Permitted Operations: The Permitted Operations listed in Par. 8.2 are subject to the following additional restrictions:

8.3.1 Extent: The extent of excavation, grading, deposit or removal 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.

8.3.2 Flood Plain; Wetlands; and Other Permits: The Permitted Operation shall not be located in a Flood Plain District unless specifically authorized under the provisions of Section 5 of these Regulations and shall not be located in a wetland or water course, or within 50 feet thereof, unless authorized under the Inland Wetlands and Water Courses Regulations of the Town of Southbury, Connecticut. A Permitted Operation that is an adjunct to construction for which a permit is otherwise required, such as but not limited to a driveway or sewage disposal system, may be commenced only after such permit has been issued.

8.3.3 Stockpiles: The grading and/or deposit of earth materials in connection with a Permitted Operation so as to create a stockpile shall be limited to the lot or site where the Permitted Operation is located or shall be a) located on a lot in a Business or Industrial District as an outside storage use and subject to the requirements of these Regulations or b) located otherwise on a lot where a stockpile is a permitted use under these Regulations.

8.3.4 Duration of Permitted Operation: The excavation, grading, deposit or removal authorized as a Permitted Operation under Par. 8.2.1 and 8.2.4 and for which a ZONING PERMIT has been issued shall be completed within the term of such ZONING PERMIT, and the Permitted Operations authorized under Par. 8.2.2 shall be completed within the time periods specified by the Planning Commission. Failure so to complete is a violation of these Regulations, and the excavation, grading, deposit or removal may be continued only if authorized as a Soil Extraction use under Par. 8.4 through 8.12 of this Section 8.

8.3.5 Erosion and Sediment Control: Permitted Operations, including the stockpiles provision of Par. 8.3.3, are subject to the provisions of the Town of Southbury Soil Erosion and Sediment Control Ordinance.

8.3.6 Processing Equipment: The on-site use of any processing equipment in connection with any of the above operations may be permitted as a special exception by the Commission exercising initial jurisdiction over the application. (For instance, the Planning Commission would regulate processing equipment used in conjunction with a subdivision; the Zoning Commission would regulate processing equipment used in conjunction with a PDD.) In permitting the use of such equipment, the Commission may subject such use to the following restrictions:

a.

Unless otherwise permitted by the commission, hours of operation shall be 8:00 AM to 5:00 PM, Monday through Friday;

b.

Limitations as to the duration of the operation;

c.

Limitations as to the location of the equipment with respect to existing residences.

8.3.7 Limitation on Excavated Material to be Removed from a Site: Not more than 1,000 cubic yards of earth material shall be removed from a site in conjunction with the permitted operations listed in sections 8.2.1 through 8.2.4. The removal from a site of more than 1,000 cubic yards of material in conjunction with the permitted operations listed in sections 8.2.1 through 8.2.4 may be permitted as a special exception by the Commission exercising initial jurisdiction over the application. In acting upon the special exception application, the Commission shall consider the criteria contained in section 8.6 of these regulations.

8.4 Soil Extraction Purpose and Intent: Within the Town of Southbury there are deposits of sand and gravel which are suitable for use in new construction as the Town grows and for improvement of existing development and maintenance of roads and other facilities. In addition there are lots where earth materials may be extracted in such a manner as to improve a building site for future use or to create useful ponds, lakes and drainage facilities. These deposits and lots may be located in any zoning district and each has unique circumstances with regard to conditions such as size, type of earth material, access, visibility, drainage, safety and proximity to dwellings, community facilities and other uses. The purpose of this Section 8 is to enable the conduct of soil extraction as a temporary operation, generally for short periods of time and in locations and in a manner that protect the public health, safety, property values, water resources, and appearance of the community. It is, therefore, necessary to consider each soil extraction operation as an individual case, having potential detrimental effects which may or may not be capable of avoidance or mitigation. These Regulations are intended to:

8.4.1 Regulate the location and manner of operation of soil extraction;

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

8.4.3 Conserve and preserve wetlands, water courses, drainage systems, flood plains, the value of adjoining and surrounding properties and the usefulness of the site to be excavated;

8.4.4 Assure workmanlike conduct of soil extraction so as to minimize the duration of operations; and

8.4.5 Minimize or eliminate deleterious effects on adjacent or nearby property and impairment of the use and enjoyment thereof.

8.5 Regulation; Permitted and Prohibited Extraction: Within the Town of Southbury, no Soil Extraction shall be conducted until an APPLICATION for a SPECIAL EXCEPTION FOR SOIL EXTRACTION has been submitted to and approved by the Zoning Commission. In acting on any APPLICATION the Zoning Commission shall follow the procedures and be guided by the criteria, standards and administrative requirements hereinafter specified. An APPLICATION for a SOIL EXTRACTION PERMIT may be approved only for the following:

The excavation and removal of sand, gravel and stone suitable for construction work, when:

a.

Such excavation and removal are not located in a Flood Plain District; and

b.

The preparation or improvement of a building site in accordance with a plan for the site; and

c.

The construction of ponds, lakes, drainage ways and storm water detention facilities.

Soil Extraction for the following is specifically prohibited: topsoil removal or stripping; conduct of borrow pits for fill; and stone quarry operations, except incidental rock removal in connection with restoration of a Soil Extraction site.

8.6 Criteria for Evaluation of Applications: Each APPLICATION for a SOIL EXTRACTION PERMIT is subject to review by the Zoning Commission under the following criteria:

8.6.1 Appropriateness of Location: The compatibility of the proposed Soil Extraction with the neighborhood, including but not limited to factors of property values, noise levels, traffic, dust, odor, appearance and the use and enjoyment of adjacent and nearby development, both existing and permitted under the Zoning Regulations.

8.6.2 Conformance: Conformance to the recommendations of any plan of development or supplement thereto adopted by the Planning Commission and to the purpose and intent of the comprehensive plan of zoning for the Town and the applicable zoning district.

8.6.3 Safety: Accessibility for soil extraction vehicles and equipment and emergency services; potential for hazards for pedestrian and vehicular traffic; and potential for damage to roads, bridges, culverts or other public utilities and facilities,

8.6.4 Historic and Scenic: Potential for destroying, defacing or impairing areas of historic interest or scenic landmarks; potential for alteration of the essential character of a neighborhood.

8.7 Minimum Standards Site: The following are minimum standards applicable to each Soil Extraction site, provided however that the Zoning Commission may impose additional or more strict standards based on the criteria set forth in Par. 8.6 and in order to carry out the purpose and intent set forth in Par. 8.4.

8.7.1 Size of Site: While there is no minimum or maximum size of site for a Soil Extraction operation, the size shall have a compatible relationship to existing development and the neighborhood and shall also be compatible with ability to complete the operation within the period of time set by the Commission.

8.7.2 Access: Streets giving access to the operation shall be capable of accommodating truck and equipment travel with minimal hazards to traffic and pedestrians and nuisance to nearby properties and the neighborhood.

8.7.3 Reuse: The proposed slopes and drainage and shape of the site shall provide for the reasonable reuse of the lot for purposes permitted under the Zoning Regulations as a matter of right in the District where the lot is located. The depth of excavation shall be limited to depth that soils investigations indicate that excavation can reasonably be made in accordance with the standards of this Section 8.

8.7.4 Setback and Slopes: No excavation, grading, deposit or removal, including stockpiles, shall occur within 50 feet of an abutting property line, unless written approval from the adjoining owner is received by the Zoning Commission, but may occur at the approximate grade of and within 50 feet of an abutting street line. Otherwise, finished slopes shall not exceed 25% grade or such lesser slope necessary for soil stability, safety and reasonable reuse and development on the lot.

8.7.5 Property Values: The Soil Extraction operation shall not permanently impair the value of property in the neighborhood.

8.7.6 Transition: Where the Soil Extraction operation may be in close proximity to existing uses or may impair scenic views or the essential character of a neighborhood, provision shall be made for adequate transition adjacent to the operations area such as by landscaping, earth berms or fences.

8.8 Minimum Standards Operations: The following are minimum operating standards applicable to each Soil Extraction operation, provided however that the Zoning Commission may impose additional or more strict standards based on the criteria set forth in Par. 8.6 and in order to carry out the purpose and intent set forth in Par. 8.4.

8.8.1 Hours of Operation: The hours of operation shall be limited to weekdays between 8:00 a.m. and 5:00 p.m., unless a greater or lesser period for operations is specified by the Zoning Commission as appropriate under the particular circumstances of the site. The operation may be conducted during additional hours when necessary to obtain sand during snow or ice weather conditions or to obtain materials during other emergencies.

8.8.2 Nuisances: Proper provision shall be made for control of wind blown dust from excavation areas, soil stockpiles and travelways and for control of wind erosion. Equipment and machinery shall be of a type and maintained in good operating conditions so as to minimize noise, vibration and air pollution.

8.8.3 Spillage: Provision shall be made to prevent spillage of debris and earth materials on streets giving access to the site. It is the responsibility of the applicant promptly to clean up any spillage that has occurred.

8.8.4 Processing: No processing machinery shall be erected or maintained on the lot within less than 150 feet of any property or street line or within less than 300 feet of an existing dwelling or other principal building on any other lot. Such machinery may be used only for processing materials excavated on the lot and shall be removed from the lot upon termination of the SOIL EXTRACTION PERMIT.

8.8.5 Fencing: Any vehicular access drive to the operations area shall have a gate or other suitable closure, maintained in a locked condition when the operation is not in progress.

8.8.6 Drainage: The Soil Extraction operation shall not result in sharp declivities, pits or depressions or soil erosion, drainage or sewerage problems. At all stages of the work, proper drainage shall be provided to avoid stagnant water, soil erosion problems, excessive runoff, silting of wetlands and water courses and damage to property, streets or drainage facilities.

8.8.7 Lateral Support: Adequate provision shall be made for lateral support and stabilization of banks and slopes both during and upon completion of the operation. The open face of any bank being excavated (the lift) shall not exceed 15 feet in height. When excavation operations are suspended for a period of two (2) weeks or more, banks and slopes shall be adjusted to the natural angle of repose for the material or shall be fenced.

8.8.8 Supervision: It is the responsibility of the applicant, or his authorized agent, to supervise the use and operation of the Soil Extraction site, to see that hazards to persons and damage to property and streets are avoided and to as sure conformance to the requirements of the SOIL EXTRACTION PERMIT.

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

a.

Such area shall be evenly graded to slopes as specified in Par. 8.7.4. In addition, the area shall be evenly graded with sufficient slopes to as sure adequate drainage of the area, so that stagnant pools of water will be avoided;

b.

Adequate drainways of gradual slope shall be provided to assure drainage;

c.

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

d.

All loose boulders shall be buried or removed from the lot, and any debris properly disposed of;

e.

The top layer of any arable soil, to the extent available or to a depth of 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 to the work; and

f.

In addition to seeding and as deemed necessary by the Zoning Commission sufficient trees and shrubs as to provide transition to any adjacent residential property and to hasten the return to a natural appearance to the lot.

8.9 Application: Application for a SPECIAL EXCEPTION for a SOIL EXTRACTION PERMIT shall be submitted in writing to the Zoning Enforcement Officer together with an APPLICATION for a ZONING PERMIT. The application shall also be accompanied by an application fee as specified in Par. 14.8 and by maps, plans and documents, prepared by and bearing the seal of a land surveyor or professional engineer, licensed as such by the State of Connecticut; plans for drainage, control of erosion and sedimentation and stabilization of soils as well as certification of the results of soils tests shall be prepared by and bear the seal of such professional engineer. The following shall be submitted:

8.9.1 Soils Investigation: The results of soils investigations by means of deep test pits, borings or other appropriate methods, indicating a) the nature of the material to be excavated, graded or deposited, b) the qualification of the earth material for excavation under Par. 8.5a, if applicable, c) the reasonable expectation of depth to groundwater and bed rock and d) potential erodibility.

8.9.2 Program: A written program of how the operation is to be conducted, including the sequence for site preparation, stockpiling, drainage and erosion and sedimentation controls, period for operations, and site restoration.

8.9.3 Maps and Plans: Showing the following:

a.

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

b.

Property lines and streets adjoining the lot and the names of owners of property adjoining the lot;

c.

Existing contour lines on the lot to be excavated or graded, drawn to a scale of not less than 50 feet to the inch and with a contour interval not exceeding two (2) feet;

d.

Proposed contour lines within the area to be excavated or graded, drawn to a scale of not less than 50 feet to the inch and with a contour interval either not exceeding five (5) feet on uniform grades, in excess of 10% between breaks in grade, and otherwise not exceeding two (2) feet;

e.

Existing and proposed drainage on the lot, including any drainageways, conduits and diversion structures, and existing water courses and wetlands on or within 200 feet of the lot;

f.

Proposed vehicular access to the lot and the closure, and any proposed work roadways;

g.

Locations for topsoil storage and for any stockpiling of excavated materials;

h.

A Soil Erosion and Sediment Control Plan meeting the requirements of the Town of Southbury Soil Erosion and Sediment Control Ordinance;

i.

Any proposed fences or landscaping features to be maintained during or upon completion of the operation;

j.

The location on the lot of any wooded areas, individual specimen trees, rock outcrops and existing and proposed buildings and structures;

k.

An estimate of the number of cubic yards of material to be excavated, graded, deposited or removed;

l.

The location of soils tests, including any deep test pits and borings; the boundaries and classification codes of soil types under the National Cooperative Soils Survey of the soil Conservation Service, U.S. Department of Agriculture;

m.

A site plan for any Soil Extraction operation designed to prepare or improve a building site or for construction of ponds, lakes, drainage ways and storm water detention facilities, which site plan shall include the flood plain boundary and elevation data as specified in Par. 5.2.3; and

n.

Measures and specifications for restoration of the site and establishment of ground cover.

8.10 Procedure: Upon submission by the applicant, the Zoning Enforcement Officer shall transmit the APPLICATION for a SPECIAL EXCEPTION for a SOIL EXTRACTION PERMIT and accompanying maps, plans and documents to the Southbury Zoning Commission. The Zoning Commission shall review and act upon the APPLICATION as follows:

8.10.1 Review: The Zoning Commission shall review the APPLICATION for completeness and may at any stage during the proceedings request the applicant to submit such additional information the Commission deems necessary in order to decide on the APPLICATION.

8.10.2 and 8.10.3. Reserved.

Editor's note— At the request of the Town sections 8.10.2 and 8.10.3 were deleted from the Zoning Regulations and designated as Appendix A to the Zoning Regulations.

8.11 Administrative Requirements: The administrative requirements hereinafter specified are applicable to any APPLICATION for a SOIL EXTRACTION PERMIT approved by the Zoning Commission. The requirements specified in Par. 8.11.1 through 8.11.5 shall be met prior to issuance of such PERMIT.

8.11.1 Insurance: 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 Enforcement Officer. In the event of cancellation of such insurance, the applicant or the insurer shall promptly 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.

8.11.2 Bond: The applicant shall file with the Zoning Enforcement Officer a cash, savings account or surety bond, in form acceptable to the Town Counsel, in such amount as the Zoning Commission deems sufficient to insure the faithful performance of the work in accordance with the provisions of this Section, taking into account no less than failure or default with regard to provision of drainage and erosion and sedimentation control measures, regrading of the site, removal of debris and provision of top soil and seeding. The Zoning Commission shall require a portion of such bond to be a cash bond, in order to assure readily available funds to remedy any emergency condition that is a hazard to the public health or safety.

8.11.3 Inspection Fee: The applicant shall pay an inspection fee as specified in Par. 14.8 of these Regulations.

8.11.4 Other Permits: The applicant shall file with the Zoning Enforcement Officer a copy of any Driveway Permit, Wetlands Permit and any other permit required for the operation by the Town of Southbury or State of Connecticut. The applicant shall also obtain a ZONING PERMIT for the Soil Extraction operation, and the Soil Erosion and Sediment Control Plan for the operation shall be certified as provided in the Town of Southbury Soil Erosion and Sediment Control Ordinance.

8.11.5 Staking: The location and exterior limits of the area to be affected by the operation shall be staked out at 50-foot intervals by a land surveyor or engineer, licensed to practice in the State of Connecticut, and a convenient bench mark shall be established at the area of operations and identified for the Zoning Enforcement Officer. Such stakes and benchmark shall be maintained throughout the period for which the operation is authorized and until the operation has been inspected by the Zoning Enforcement Officer and found completed in accordance with plans as approved.

8.11.6 Inspections: The Planning Commission, Zoning Commission and Zoning Enforcement Officer, or their authorized agents, shall at all times have reasonable access to the Soil Extraction site for the purpose of inspection and determination of compliance with these Regulations. When the Zoning Commission deems that normal inspection procedures may be insufficient to determine compliance, such as due to the large scope of the operation and/or a short time period for completion, the Commission may require the applicant to submit periodic reports, prepared by and bearing the seal of a land surveyor or engineer, showing the status and progress of the work such as by means of contours or cross sections and certification of available earth material to restore the site to elevations no lower than approved.

8.11.7 Time Limits: The SOIL EXTRACTION PERMIT for a site shall be valid for a period determined by the Zoning Commission as appropriate, based on the criteria set forth in Par. 8.6 and in order to carry out the purpose and intent set forth in Par. 8.4. In no event shall such period exceed two (2) years, but, upon application submitted to the Zoning Enforcement Officer, the commission may extend the time period for not to exceed two (2) years if the commission determines that the circumstances and criteria under which the PERMIT was originally approved continue to be in effect and if there exists no violation of the terms of the PERMIT. Otherwise, the commission may extend the time period only to remedy a violation or to achieve restoration of the site in as short a period of time as practicable, or an operation may be conducted at the site only under a new APPLICATION. An application for extension of the time period should be submitted to the Zoning Enforcement Officer at least 65 days before the expiration of the PERMIT if the applicant intends to maintain continuity of the operation.

8.11.8 Orders: The Zoning Enforcement Officer is authorized to issue STOP WORK ORDERS and orders to remedy any conditions found in violation of this Section 8 in the same manner as provided in Par. 14.7 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 8, such as due to unforeseen soil, ledge rock or groundwater conditions.

8.11.9 Return of Bond: Upon completion of the Soil Extraction operation in accordance with the terms of a SOIL EXTRACTION PERMIT and after any area of the lot required to be seeded has grown in a second growing season a dense cover of grass as required under Par. 8.8.9, the applicant may request the Zoning Commission to return the bond filed as provided in Par. 8.11.2. Such request shall be accompanied by a map of the operation site, prepared by and bearing the seal of a land surveyor or engineer, showing the finished contours in the same manner as required in Par. 8.9.3d and the required drainage or other improvements, if any. If the Zoning Commission is satisfied that the work has been completed as required by the PERMIT, the bond shall be returned to the applicant, but otherwise the bond shall remain in full force and effect.

8.11.10 Revision of Permit: Written application may be submitted to the Zoning Enforcement Officer for revision of a SOIL EXTRACTION PERMIT that has been issued. Such application shall be transmitted by the Zoning Enforcement Officer to the Southbury Zoning Commission. If the application results in lesser excavation, grading, deposit or removal than approved, the Commission, after consideration of the criteria set forth in Par. 8.6 and the purpose and intent set forth in Par. 8.4, may by resolution approve a revision that conforms to the standards of this Section 8; such application may occur at the time of request for return of bond under Par. 8.11.9. If the application results in additional area affected by the operation or additional quantity of earth material to be excavated, graded, deposited or removed, the application shall be reviewed and acted upon in the same manner as the original APPLICATION as specified in Par. 8.10; if approved, the application fee and inspection fee for any added extent of operations shall be applicable and the required bond shall be increased, but the time period for completion shall remain unchanged.

8.12 Town Operations: For Soil Extraction operations conducted solely by or on behalf of the Town of Southbury for the municipal purposes of the Town, the following requirements of this Section 8 are not applicable: The application fee requirements of Par. 8.9; Par. 8.11.1 (insurance certificate); Par. 8.11.2 (bond); and Par. 8.11.3 (inspection fee). Such Soil Extraction operation shall meet all other requirements of this Section 8.

8.13 Existing Operations: Existing excavation, grading, deposit or removal operations authorized under a TEMPORARY SOIL EXTRACTION PERMIT granted by the Southbury Planning Commission prior to the effective date of this paragraph may be continued for the period of time specified under such TEMPORARY SOIL EXTRACTION PERMIT and in accordance with the plans and requirements specified therein. Upon expiration of such period, the operation shall be completed and discontinued or may be resumed only under a SPECIAL EXCEPTION as provided in this Section 8.