A construction permit shall be obtained from the Zoning Enforcement Officer, except as permitted by § 550-7 hereof, before any grading, construction, site work, or development is commenced upon any land in Newtown.
No construction permit shall be issued for any excavation, removal, grading, or addition of earth materials upon any land unless such excavation, removal, grading, or addition is necessary and clearly incidental to the improvement of property as permitted by the Chapters 595, Zoning, 185, Road Construction, 560, Subdivision of Land, and the quantity of materials for which a permit is sought is within the limits set therein.
No topsoil shall be stripped in connection with any construction, except from the smallest area necessary. All such topsoil stall be stockpiled and used to recover the disturbed area. No topsoil shall be removed from any land or premises except as permitted pursuant to Chapter 595, Zoning, Article XLIII, Excavation.
[Amended effective 4-11-1997; 11-12-2001; 8-11-2003]
[Added effective 2-17-2003]
Rock and stone crushers are permitted as construction activities, provided that:
The use of such rock or stone crushers is utilized solely as part of the construction of an approved development;
The use of rock or stone crushing will serve a public health, safety and general welfare purpose, including the reduction of construction traffic on public roads;
All material crushed on site must originate and be used on site; and
A rock crushing permit is obtained from the Zoning Enforcement Officer.
The rock crushing shall be for the least number of days necessary to complete said construction activity. A rock crushing permit shall be limited to a maximum of 30 consecutive calendar days. Rock crushing shall be limited to the hours of 9:00 a.m. to 5:00 p.m., Monday through Friday (excluding state and federal holidays). A permit fee of $1,000 in cash or bank or certified check payable to the Town of Newtown shall accompany the written application form.
An applicant seeking a construction permit shall file a written application with the Zoning Enforcement Officer on a form supplied by the Planning and Zoning Commission, signed by the owner of the premises and the person, firm or corporation intending to carry out the work sought under the permit. The following documents shall accompany such applications:
A plot plan certified by a land surveyor as meeting the requirements of an A-2 class survey of the Connecticut Technical Council which shows the entire property. Such plot plan shall indicate the area thereof which is subject to development, excavation or filling and an area for the stockpiling of topsoil during construction.
If earth material other than topsoil is to be excavated, removed, graded, or added, topographical maps at a scale of one inch equals 40 feet certified by a licensed professional engineer showing existing contours and finished contours at intervals of two feet for grades of less than 3% and five feet for grades of 3% and up must be filed. No excavation below the proposed finished grade or beyond the proposed perimeter is permitted.
An exact computation, in cubic yards, of the amount of earth material which will be excavated, removed, graded, or added to the site, prepared by the applicant's licensed professional engineer. Such computation shall be supported by the topographical maps required by Subsection A(2).
A statement that clearly defines the extent of and time frame for site construction and site recovery, including grading and planting.
A valid inland wetlands license or a written statement from said agency that such a license is not required.
A performance security payable to the Town of Newtown, either in the form of a certified check or a letter of credit. The security shall be in terms satisfactory to Town Counsel and in an amount equivalent to the cost of site recovery as determined by the applicant's professional engineer and approved by the Town Engineer. Such security shall assure the Town of Newtown that the area for which the construction permit is issued shall be graded, recovered with topsoil and successfully planted with grass or other ground cover by the date the construction permit expires.
The terms of the performance security shall allow the Town access to such funds and shall be accompanied by a written agreement signed by the owner of the premises, executed with the same formalities as a Connecticut deed of real estate containing terms satisfactory to Town Counsel, which permits the Town or its designee to enter upon the premises to undertake site recovery in the event that the permittee fails or refuses to complete the site recovery and planting in accordance with the construction permit as issued, and/or the abandonment thereof, within one year from the expiration of the permit.
Proof in the form of a certificate of insurance that the applicant carries sufficient liability insurance to save the Town of Newtown harmless from any liability resulting from his/her operations as approved by Town Counsel.
A permit fee of $200 in cash or bank or certified check payable to the Town of Newtown.
A construction permit shall be effective for one year from the date it is issued, provided that the applicant remains in compliance with all terms of the permit. Such permit may be extended for up to one year, provided the Zoning Enforcement Officer finds that:
The structure or building to which the excavation, removal, grading, or filing is incidental is incomplete and the completion thereof is being actively pursued by the permittee;
The applicant's performance security will cover the extension of time as allowed herein; and
An updated insurance certificate is received.
Upon the request of the Zoning Enforcement Officer, the permittee shall submit a progress report that clearly demonstrates the extent of excavation, removal, grading, or filling of earth materials if deemed necessary to assure compliance with all terms of the construction permit.
Should the Zoning Enforcement Officer find that an applicant's performance is in violation of the construction permit, Chapter 595, Zoning, or upon receipt of a notice from the applicable agency or department that a violation of the Building Code, Sanitary Code or Chapter 185, Road Construction, of the Town of Newtown exists, such construction permit shall be revoked. An applicant's failure to comply with any requirements of these regulations shall be cause for the revocation of a permit, provided that notice of said violation has been given to the permittee, together with an order to comply therewith within a reasonable time, and the permittee has failed to comply with said order.