The purpose of this article is to provide the
regulations for the preservation of a cover-crop on the land to prevent
erosion, and to control any earth material operations that may create
a safety or health hazard to the public or the adjacent property owners,
or be detrimental to the immediate neighborhood or the Town of Haddam.
The covering of earth material operations may be done with the top
four inches of soil removed therefrom, and furnishing new topsoil
or loam from off the premises will not be required. Excavations which
uncover ledge or rock outcrops need not be covered or seeded.
The filling, removal, excavation or mining of
mineral, sand, gravel, clay, bedrock, peat, loam or topsoil (herein
referred to as "earth material operations") is permitted in all zones,
with the exception of the land designated as the Gateway Conservation
Zone, after issuance of a special permit by the Planning and Zoning
Commission.
The following filling, removal, excavation or
mining activities are permitted in all zones, including the Gateway
Conservation Zone, without a special permit, provided no permanent
damage is done to the landscape:
A.
Valid nonconforming uses;
B.
Foundation, trench and related site excavation performed
after the issuance of a building permit; and
C.
Removal in connection with the landscaping and grading
of land for a purpose for which a building permit is not required,
provided that such removal shall not exceed 300 cubic yards of material.
In addition to the customary special permit
and site plan requirements as set forth in Articles XVIII and XIX
of these regulations, the following information is required:
A.
Estimate of the amount of material to be filled, removed,
excavated or mined.
B.
Plan showing area to be filled, removed, excavated
or mined.
C.
Existing and proposed drainage of the site.
D.
Proposed truck access to the excavation.
E.
An estimate of the number and types of trucks and
other machinery to be used on the site, hours of operation and the
location and types of any buildings to be erected.
F.
Final grading plan.
G.
Erosion and sedimentation control plan showing measures
to be taken both during and after earth materials operations.
The following conditions must be met for earth
material operations:
A.
Failure to comply with the plans as approved and any
deviation from the plans shall be cause for the Planning and Zoning
Commission to revoke the permit.
B.
The applicant shall post a performance bond with the
Town Treasurer in an amount approved by the Planning and Zoning Commission
as sufficient to guarantee conformity with the provisions of the permit
issued hereunder.
C.
No fixed machinery shall be erected within 50 feet
of any property or street line.
D.
No earth material operation shall take place within
50 feet of any property owner's line except by written consent of
the abutting property owner or within 50 feet of a street line if
below the established grade of the street.
E.
No buildings, except a field office or temporary shelter
for machinery, shall be erected on the premises except as may be permitted
in the zoning regulations, subject to approval by the Planning and
Zoning Commission.
F.
At all stages of operations, proper drainage shall
be provided to prevent the collection and stagnation of water and
to prevent harmful effects upon surrounding properties.
G.
During the period of filling, removal, excavation
or mining, barricades or fences shall be erected as are deemed necessary
by the Planning and Zoning Commission for the protection of pedestrians
and vehicles. At no time shall an overhang be permitted.
H.
Truck access to earth material operations shall be
so arranged as to minimize danger to traffic and nuisance to surrounding
properties. That portion of access road within the area of operation
shall be treated to minimize dust.
I.
Proper measures shall be taken to minimize the nuisance
of noise and flying dust or rock. Such measures may include limitations
upon the stockpiling of excavated materials on the site.
J.
When earth material operations are completed, the
site shall be graded so that slopes in disturbed areas shall be no
steeper than one on two (vertical to horizontal). A layer of topsoil
shall be spread over the excavated or filled area, except exposed
rock surfaces, to a minimum depth of four inches in accordance with
the approved final grading plan. The area shall then be seeded with
suitable cover crop.
Any permit issued under this section shall expire
two years from the date of issuance unless renewed by the Planning
and Zoning Commission. The Planning and Zoning Commission shall not
renew or extend any permit unless the operator is able to show that
the excavation already completed conforms with the plan of operations
as approved.
Application for a special permit to conduct
an earth material operation shall be made to the Planning and Zoning
Commission by the property owner or his authorized agent on forms
available at the Land Use Office. Such application shall be accompanied
by the appropriate fee.[1]
