Weston City Zoning Code
ARTICLE VI
Disturbance of Soil
§ 240-35 Soil disturbance permit.
The deposit, regrading, excavation and removal of soil shall be prohibited unless a permit has been issued for such activity pursuant to this Article VI. Zoning permits and special permits issued pursuant to any other section of these regulations shall not be deemed to satisfy the provisions of this article.
§ 240-36 Permit prerequisites.
No permit shall be issued hereunder unless the following requirements have been met:[1]
A.
Survey. Submission of a survey in conformity with § 240-66. Such survey shall include:
(1)
Existing vertical relief with the source of information (e.g., ground survey or aerial map), contour interval, datum, and originating benchmark identified;
(2)
Proposed vertical relief;
(3)
Proposed temporary and permanent sedimentation, runoff and erosion control measures and soil storage areas; and
(4)
Location of wetland areas.
B.
Zero incremental runoff certification. Submission of a certification referencing the survey required pursuant to Subsection B(1) and certifying that the activity shall not: i) increase the volume or speed of stormwater discharge; ii) materially change the direction of runoff; or iii) increase the natural or preexisting rate of soil erosion on the site, each under conditions of the fifty-year design storm. The certification shall be made by an engineer licensed by the State of Connecticut on a form prepared by the Commission. Calculations shall conform to standard criteria contained in the Connecticut Department of Transportation Drainage Manual for hydrological and hydraulic analysis and the Connecticut Department of Energy and Environmental Protection Stormwater Quality Manual.
C.
Soil certifications. Submission of a certification by the owner of the affected property or the soil vendor: i) of the origin of any introduced soil; and ii) that any introduced soil shall be free of any hazardous or polluting substances, including, without limitation, any oil or petroleum products or any chemical liquids or solids. The Commission or its agent may, in its discretion, require submission of further certifications or soil testing results with respect to any soil.
[1]
Guidance: Additional permits may be required pursuant to, inter alia, (i) the Ordinance Concerning the Regulation of Inland Wetlands Watercourses in the Town of Weston, (ii) the Floodplain Management Regulations, and (iii) the Aquifer Protection Area Regulations.
§ 240-37 Certificate of compliance prerequisites.
No certificate of compliance shall be issued with respect to activity permitted hereunder prior to:
A.
Delivery of a certification made by an engineer licensed by the State of Connecticut on a form prepared by the Commission certifying that the permitted activity has been completed in accordance with the survey submitted pursuant to § 240-36A; and
B.
Permanent stabilization of the disturbed area and removal of all temporary sedimentation, runoff and erosion control measures.
§ 240-38 Exemptions.
The provisions of this Article VI shall not apply with respect to:
A.
Regrading or removal of soil where such activity disturbs less than 2,500 square feet of surface area in the aggregate in any twelve-month period;
B.
The deposit of less than 25 cubic yards of soil in the aggregate deposited in any twelve-month period; or
C.
Aggregate deposited exclusively for use on a driveway, path or terrace in connection with a residential use.
§ 240-39 Sedimentation, runoff and erosion control measures.
The Commission or its agent may require implementation of such additional sedimentation, runoff and erosion control measures as it deems necessary or desirable as a condition of issuance of any permit including, without limitation, phased construction and maintenance of areas of nondisturbance.
§ 240-40 Debris and hazardous material.
Stumps excavated from a property may be buried on such property only in those locations shown on the survey submitted pursuant to § 240-36A. No debris (including soil) may be deposited for purposes of storage in excess of 60 days or less than 50 feet from any property line. No hazardous or polluting substance may be buried.
§ 240-41 Performance bond.
The Commission or its agent may, in its discretion, require the submission of a performance bond as a prerequisite for issuance of any permit hereunder to secure performance and completion of any activity undertaken in connection with the permit. In the event a cease-and-desist order or order or removal is issued, the bond may be utilized to stabilize the property, install sedimentation, runoff and erosion control measures, or remove any soil deposited in violation of this article. Upon issuance of a certificate of compliance, any remaining balance shall be released.
§ 240-42 Mechanical processing of soil prohibited.
Mechanical processing of excavated soil (including, but not limited to, splitting, sifting, crushing or hammering) is prohibited.