[Added effective 9-13-1985]
[Added effective 10-26-2012]
The purpose of these regulations is to help minimize soil erosion
and sedimentation that occurs as a result of the construction of residential,
industrial and commercial development. Rapid changes in land use to
nonagricultural and urban uses have accelerated soil erosion and sediment
deposition, resulting in water pollution and damage not only to aesthetic
values and wildlife but to sewers, roads, stream channels and water
bodies.
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 one-half (1/2) acre.
A single-family dwelling that is not part of a subdivision of
land shall be exempt from these soil erosion and sediment control
regulations.
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 the proposed site based on the best available technology. The Connecticut
Guidelines for Soil Erosion and Sediment Control (1985), as amended
describes the principles, methods and practices necessary for certification.
Alternative principles, methods and practices may be used with prior
approval of the Commission.
B.
Said plan shall contain, but not be limited to:
(1)
A narrative describing:
(a)
The development.
(b)
The schedule for grading and construction activities, including:
(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.
(2)
A site plan map at a scale of at least forty (40) feet to one
(1) inch shall show:
(a)
The location of the proposed development and adjacent properties.
(b)
The existing and proposed topography, including soil type, 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.
C.
Any other information deemed necessary and appropriate by the applicant
or requested by the Commission or its designated agent.
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 Commission may grant exceptions when requested by the applicant
if technically sound reasons are presented.
A.
The Commission, or its designated agent, shall either certify that
the soil erosion and sediment control plan, as filed, complies with
the requirements and objectives of the regulations or deny certification
when the development proposal does not comply with these regulations.
B.
Nothing in these regulations shall be construed as extending the
time limits for the approval of any application under the provisions
of Chapters 124, 124A or 126 of the Connecticut General Statutes.
C.
Prior to certification, any plan submitted to the municipality may
be reviewed by the Fairfield County Soil and Water Conservation District
which may make recommendations concerning such plan, provided that
such review shall be completed within thirty (30) days of the receipt
of such plan.
D.
The Commission shall forward a copy of the development proposal to
the Conservation Commission, or other review agency or consultant,
for their review and comment within thirty (30) days of the receipt
of the plan.
Compliance with plan requirements.
A.
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
the provisions of a certified plan shall be deemed in violation of
these regulations.
B.
The estimated costs of measures required to control soil erosion and sedimentation, as specified in the certified plan, that are a condition of certification of any modified site plan may be required to be covered in a financial guarantee approved as to form and financial institution by the Commission or Corporation Counsel and submitted prior to the start of construction in accordance with and the provisions specified in § 118-1450, Special Permits, and § 118-1451, Site plan review. Such financial guarantee shall be released only after all improvements are complete and are in satisfactory condition. If not satisfactory, within 65 days of release request, a written explanation shall be provided to the applicant detailing the outstanding work that must be completed before such financial guarantee or portion thereof may be released.
[Amended effective 1-27-2012; effective 10-26-2012]
C.
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.
D.
Planned soil erosion and sediment control measures and facilities
shall be installed as scheduled according to the certified plan.
E.
All control measures and facilities shall be maintained in effective
condition to ensure the compliance of the certified plan.
Inspection shall be made by the Commission, or its 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 Commission may require the permittee
to verify, through progress reports, that soil erosion and sediment
control measures and facilities have been performed or installed according
to the certified plan and are being operated and maintained.
