West Hartford City Zoning Code
ARTICLE VIII
Soil Erosion, Sediment Control and Stormwater Runoff
§ 177-60 Definitions.
For purposes of this article, the following words shall have meanings as indicated:
A signed, written approval by the Director of Community Development that a soil erosion and sediment control plan complies with the applicable requirements of these regulations.
[Amended 5-10-2005; 10-7-2019]
The Hartford County Soil and Water Conservation District established under Subsection (a) of C.G.S. § 22a-315.
Any construction or grading activities to improved or unimproved real estate.
An area where the ground cover is destroyed or removed leaving the land subject to accelerated erosion.
The detachment and movement of soil or rock fragments by water, wind, ice or gravity.
Any excavating, grubbing, filling (including hydraulic fill) or stockpiling of earth materials or any combination thereof, including the land in its excavated or filled condition.
The periodic review of sediment and erosion control measures shown on the certified plan.
Solid material, either mineral or organic, that is in suspension, is transported or has been moved from its site of origin by erosion.
Any unconsolidated mineral or organic material of any origin.
A scheme that minimizes soil erosion and sedimentation resulting from development and includes but is not limited to a map and narrative.
§ 177-61 Activities requiring certified plan.
A soil erosion and sediment control plan shall be submitted with any application for development when the disturbed area of such development is cumulatively more than 1/2 acre.
§ 177-62 Exemptions.
A single-family dwelling that is not a part of a subdivision of land shall be exempt from these soil erosion and sediment control regulations. Such exemption shall not affect the applicability of § 177-29.
§ 177-63 Erosion and sediment control plan.
A.
To be eligible for certification, a soil erosion and sediment control plan shall contain proper provisions to adequately control accelerated erosion and sedimentation and reduce the danger from stormwater runoff on and from the proposed site based on the best available technology. Such principles, methods and practices necessary for certification are found in the Connecticut Guidelines for Soil Erosion and Sediment Control (1985), as amended. Alternative principles, methods and practices may be used with prior approval of the Director of Community Development. Such plans shall be certified by a qualified professional engineer, who shall affix his or her seal thereto.
[Amended 5-10-2005; 10-7-2019]
B.
Said plan shall contain but not be limited to:
(1)
A narrative describing:
(a)
The development.
(c)
The design criteria for proposed soil erosion and sediment control measures and stormwater management facilities.
(d)
The construction details for proposed soil erosion and sediment control measures and stormwater management facilities.
(e)
The installation and/or application procedures for proposed soil erosion and sediment control measures and stormwater management facilities.
(f)
The operations and maintenance program for proposed soil erosion and sediment control measures and stormwater management facilities, including, without limitation, a statement of the obligation to deal with unforeseen erosion, sedimentation and stormwater contingencies and problems as they arise.
(2)
A site plan map at a sufficient scale to show:
(a)
The location of the proposed development and adjacent and downstream properties.
(b)
The existing and proposed topography, including soil types, wetlands, watercourses and water bodies.
(c)
The existing structures on the project site, if any.
(d)
The proposed area alterations, including cleared, excavated, filled or graded areas, and proposed structures, utilities, roads and, if applicable, new property lines.
(e)
The location of and design details for all proposed soil erosion and sediment control measures and stormwater management facilities.
(f)
The sequence of grading and construction activities.
(g)
The sequence for installation and/or application of soil erosion and sediment control measures.
(h)
The sequence for final stabilization of the development site.
(3)
Any other information deemed necessary and appropriate by the applicant or requested by the Director of Community Development.
[Amended 5-10-2005; 10-7-2019]
§ 177-64 Minimum acceptable standards.
[Amended 5-10-2005; 10-7-2019]
A.
Plans for soil erosion and sediment control shall be developed in accordance with these regulations using the principles as outlined in Chapters 3 and 4 of the Connecticut Guidelines for Soil Erosion and Sediment Control (1985), as amended. Soil erosion and sediment control plans shall result in a development that minimizes erosion and sedimentation during construction, is stabilized and protected from erosion when completed and does not cause off-site erosion and/or sedimentation.
B.
The minimum standards for individual measures are those in the Connecticut Guidelines for Soil Erosion and Sediment Control (1985), as amended. The Director of Community Development may grant exceptions when requested by the applicant if technically sound reasons are presented.
C.
The appropriate method from Chapter 9 of the Connecticut Guidelines for Soil Erosion and Sediment Control (1985), as amended, shall be used in determining peak flow rates and volumes of runoff, unless an alternative method is approved by the Director of Community Development.
§ 177-65 Issuance or denial of certification.
A.
The Director of Community Development shall either certify that the soil erosion and sediment control plan, as filed or with modifications, complies with the requirements and objectives of this regulation or deny certification when the development proposal does not comply with these regulations.
[Amended 5-10-2005; 10-7-2019]
B.
Nothing in this § 177-65 of this article shall be construed as changing the time limits for action on any application under the pertinent provisions of the Charter and ordinances of the Town of West Hartford.
C.
Prior to certification, any plan submitted to the municipality may be reviewed by the County Soil and Water Conservation District, which may make recommendations concerning such plan, provided that such review shall be completed within 30 days of the receipt of such plan.
D.
The Director of Community Development shall forward a copy of the development proposal to the Town Plan and Zoning Commission and the Conservation and Environment Commission for review and comment.
[Amended 5-10-2005; 10-7-2019]
E.
The Director of Community Development may forward a copy of the development proposal to any other review agency or consultant for review and comment.
[Amended 5-10-2005; 10-7-2019]
§ 177-66 Plan regulations.
A.
The estimated costs of measures required to control soil erosion sedimentation and stormwater runoff, as specified in the certified plan, may be covered in a performance bond or other assurance in an amount and with surety and conditions satisfactory to the Director of Community Development, including, without limitation, a maintenance bond. The developer shall submit to the Director of Community Development for approval a cost estimate for said required soil erosion, sedimentation and stormwater runoff control measures to be covered by said bond or other assurance. Said estimate shall be prepared and certified by a qualified professional civil engineer. The cost estimate shall be based on unit costs established by the Director of Community Development.
[Amended 5-10-2005; 10-7-2019]
B.
Site development shall not begin unless the soil erosion and sediment control plan is certified and those control measures and facilities in the plan scheduled for installation prior to site development are installed and functional.
C.
Planned soil erosion, sediment control and stormwater runoff control measures and facilities shall be installed as scheduled according to the certified plan.
D.
All control measures and facilities shall be maintained in effective condition to ensure the compliance of the certified plan.
E.
Any person engaged in development activities who fails to file a soil erosion and sediment control plan in accordance with these regulations or who conducts a development activity except in accordance with provisions of a plan certified pursuant thereto shall be deemed in violation of this chapter of the Code of the Town of West Hartford.
§ 177-67 Inspections.
[Amended 5-10-2005; 10-7-2019]
Inspections shall be made by the Director of Community Development or designated agent during development to ensure compliance with the certified plan and that control measures and facilities are properly performed or installed and maintained. The Director of Community Development may require the permittee to verify, through progress reports, that soil erosion, sediment control and stormwater runoff control measures and facilities have been performed or installed according to the certified plan and are being operated and maintained.