This chapter shall be known and may be cited as the "Earth Materials
Ordinance of the Town of Bethlehem."
This chapter shall be construed and applied to promote its underlying
purposes and policies, which are stated to be as follows:
A.
To regulate and control the excavation, deposition, processing, and
removal of soil, loam, sand, gravel, silt, clay, rock or any other
earth material from land or premises not in public use in the Town
of Bethlehem.
B.
To control and regulate excavation, processing, removal and deposition
of earth materials so as to prevent the creation of any safety or
health hazard, including, without limitation, soil erosion, stagnant
water, water pollution, excessive drainage runoff, excessive noise,
and other nuisance conditions, to the public or to owners of adjoining
or adjacent property and to preserve land values of premises situated
within the Town of Bethlehem, and to provide for the quiet use and
peaceful enjoyment thereof.
C.
To preserve the vegetation and other natural growth on premises situated
within the Town of Bethlehem for the purpose of preventing erosion
by wind or water.
D.
To ensure that the existing topography of areas of the Town of Bethlehem
is not altered in a permanent manner inconsistent with the goals and
recommendations of the Town of Bethlehem Plan of Conservation and
Development.
E.
To accomplish such other purposes as permitted by C.G.S. § 7-148,
as amended and as the same may from time to time be amended.
For the purposes of this chapter, the following definitions
shall apply:
To fill or alter with earth materials existing swamps, wetlands,
watercourses, or other bodies of water, or to change, by filling or
grading, preexisting contours and elevations.
Any mineral or organic matter, whether natural or man-made,
that is now or was previously located at or below the surface of the
earth and any man-made products formed by mixing and/or reducing the
size of (as by grinding, crushing, fracturing, splitting, etc.) such
matter. The term "earth materials" includes, without limitation, soil;
organic mulch and compost; minerals; sediments; rock; ores; petroleum
products; concrete; asphalt; cement; and mineral particles such as
sand, silt, clay, stones, or gravel.
To sever from the earth's surface or to remove from
the ground soil, loam, sand, gravel, clay, rock, or topsoil, all of
which, together with any other natural physical composition in the
ground, are herein referred to as "earth materials."
The limits of the area, not greater than five acres, within
the premises for which a permit is requested.
The entire area of land owned by the owner and identified
as one piece of property by the Bethlehem Assessor's office within
which the permit area is proposed.
Any physical or chemical action performed on earth materials,
including, without limitation, breaking, fracturing, grinding, crushing,
and mixing with other natural or man-made substances, and any transportation
of such materials or from a location where any such physical or chemical
action may be performed.
The unconsolidated mineral and/or organic material, whether
naturally occurring or man-made, that is located on and below the
surface of the earth but above ledge (bedrock). Soil is a form of
earth material under this ordinance.
An area within the permit area in which the applicant proposes
to stockpile excavated materials and/or to locate any equipment and
structures which will not be in the work area.
One contiguous area of not more than three acres within the
permit area which is disturbed at any time while a permit is valid.
This chapter shall be applicable to all excavation and deposition
of earth materials and to the processing of earth materials within
the Town of Bethlehem, except in instances which qualify under the
following exemptions:
A.
Necessary excavation and/or deposition in direct connection with
the construction or alteration of buildings, other structures, off-street
parking and loading areas or other improvements for which a site plan
has been approved and a permit issued, specifically including authorization
for such excavation and deposition, and for which any other required
permit or authorization has been issued by agencies of the Town of
Bethlehem, Torrington Area Health District, and by the state or federal
government.
B.
Necessary excavation or deposition in direct connection with the
construction of streets, drainage and all other required improvements,
and the altering of preexisting contours, provided that same is carried
out as part of an approved subdivision or resubdivision in accordance
with construction and grading plans approved by the Planning Commission
of the Town of Bethlehem.
C.
Necessary excavation or deposition in direct connection with the
construction or alteration of a single detached dwelling designed
to be occupied by one or two families, and of buildings and structures
accessory thereto, including the construction of driveways, sidewalks,
walls, terraces, on-site subsurface sewage disposal systems, and other
site improvements therefor, provided that all of the following conditions
are met:
(1)
The buildings, structures and site improvements shall be shown on
the plot plan required by the application for a building permit.
(2)
There shall be no transporting of any topsoil from the lot, except
that which is excavated from the location of buildings, structures,
driveways, sidewalks, terraces and other paved areas on the property.
(3)
A building permit, together with any other required permit or authorization,
has been issued to permit the construction of such dwelling or accessory
buildings or improvements.
D.
Excavation or deposition of not more than 500 cubic yards of earth
materials during any calendar year, provided that same is not located
in a floodplain or inland wetland mapped area unless specifically
authorized by the Inland Wetlands Agency of the Town of Bethlehem.
E.
When earth materials are for use on the property and not for sale:
(1)
Necessary excavation, grading and removal in connection with improvements
on property solely for such farming or landscaping purposes as burying
stones or debris, regrading of difficult slopes.
(2)
The construction of ponds, filling or excavation of wetlands, and
the improvement of watercourses, with the approval of the Bethlehem
Inland Wetland Agency, if applicable.
Before any excavation or deposition or processing of earth materials
is commenced or continued, the owner and/or any other person, firm
or corporation (hereinafter referred to as "applicant" or "permittee")
claiming a right to excavate, deposit or process earth materials from
or on premises shall obtain a written permit therefor from the Board
of Selectmen of the Town of Bethlehem ("the Board").
Each applicant for a permit shall submit to the Board of Selectmen
the following:
A.
Information required: an application, in such form as the Board may
prescribe, which shall contain at least the following information:
(1)
A deed description of the premises on which the proposed excavation
or deposition is to occur, which description shall include the volume
and page reference of the recorded deed on the land records of the
Town of Bethlehem.
(2)
If the person, firm or corporation claiming a right to excavate from
or deposit or process earth materials on the premises is other than
the owner of record, a brief description of the nature of the interest
under which the right to work is claimed, which description shall
at least identify the nature of the interest (e.g., leasehold, easement,
license), the scope of the interest and its term. A notice of any
such interest, if not the lease, easement or other agreement itself,
must be filed on the land records of the Town of Bethlehem prior to
the date of issuance of an earth materials permit.
(3)
A detailed statement describing the existing premises, the proposed
work to be performed on the premises, the purpose and duration of
said proposed work and the proposed condition and potential reuse
of the premises after the work is completed, which statement shall
also include:
(a)
A statement of the acreage of the entire premises and of the acreage of the area for which a permit is requested as shown on the map required by Subsection D.
(b)
A statement of the types of earth materials to be excavated,
deposited and processed and, in the case of deposition, a statement
of the condition of the area to be filled.
(c)
A calculation of the number of cubic yards of material to be
excavated and/or deposited within the area for which a permit is requested
and a statement as to how the calculation was made. The statement
must include computations prepared by a professional engineer or land
surveyor licensed to practice in the State of Connecticut.
(d)
Where on-premises processing of earth materials excavated from
the premises is permitted by this chapter, a description of the equipment
and/or structures to be erected on the premises to perform such processing
in order to provide a clear indication of the nature and extent of
such permitted processing.
(e)
An inventory list of all equipment to be used to carry out the
proposed work, including an estimate of the number of vehicles to
be used solely to transport material to or from the premises.
(f)
A statement of the provisions to be made to prevent and to control
any nuisance conditions which might result from the proposed work.
(g)
A detailed statement as to how the premises will be restored in accordance with § 75-11 of this chapter, including a calculation of the amount of topsoil and approved ground cover required for such restoration, and an estimate of the final date (subject to any modification approved by the Board and made public in writing) by which complete restoration of the premises shall be accomplished.
B.
Agreement statement: an agreement, the text of which shall be contained
in the application, by the owner and/or the applicant stating that
they will comply with and fulfill all of the requirements and provisions
of this chapter and all provisions contained in their application
and in other submissions made to the Board under this section.
C.
Signatures: the names and signatures of the owner and the applicant.
D.
Maps and plans: four copies of survey maps and plans and/or such
other graphic documentation in such form as the Board may require
to carry out the purposes of this chapter, prepared by a land surveyor
and professional engineer licensed to practice in the State of Connecticut,
all of which documentation shall be identified as part of the application
and shall be kept on permanent file for enforcement purposes. The
survey maps and plans shall be drawn to a scale of one inch equals
40 feet and shall show the following:
(1)
The entire premises owned by the owner and, within said premises,
the proposed permit area, the exterior limits of which having been
determined by measurements from fixed reference points along the boundary
lines of the premises. In addition, the area of the designated permit
area shall be expressed in terms of acreage or square footage.
(2)
The names of all adjoining property owners, including those separated
from the premises by a road.
(3)
The location, elevation and extent of all existing and proposed roads,
highways, storm drainage, drainage ponds, watercourses and bodies,
swamps, wetlands, wells and septic systems on and within 200 feet
of the premises; and steps to be taken to ensure proper drainage and
to avoid pollution of wetlands and groundwater.
(4)
The locations on the premises of wooded areas, rock outcrops, existing
buildings and structures, and a description of existing and proposed
ground cover and vegetation.
(5)
Such evidence, in the form of boring logs, deep test pits or otherwise,
as the Board may in its sole discretion deem necessary to demonstrate
the feasibility of excavating and/or grading to the proposed contour
elevations within the permit area and that water is available for
any proposed water bodies.
(6)
Existing conditions survey, including contours and elevations, and
proposed grading showing final future contours and elevations in and
within 200 feet of the permit area at two-foot intervals (ten-foot
for rock quarries) or at such intervals as deemed appropriate by the
Board in order to adequately evaluate the application. Existing topography
shall be obtained from either a ground survey or aerial photogrammetry
meeting the T-2 standards of accuracy established by the Connecticut
Department of Consumer Protection. Existing contours of the bottom
of water bodies of courses to be altered or created shall also be
shown.
(7)
A permanent benchmark or point existing in the permit area in a location
safe from disturbance for the duration of the permit, with a designation
of its elevation.
(8)
Existing and proposed vehicular access to the lot and any work roadways
within the premises.
(9)
The location [shown in the manner prescribed in Subsection D(1) above] of a storage area(s) which shall not exceed in the aggregate two acres in area, within which the applicant proposes to stockpile reserve topsoil and fill and excavated or processed materials and/or to locate any equipment and structures which will not be in the permit area.
(10)
An Erosion and Sedimentation Control Plan meeting the requirements
of the Connecticut Department of Energy and Environmental Protection
2002 Guidelines for Soil Erosion and Sediment Control (CTDEEP 2002
Guidelines) as may be amended from time to time.
(11)
Such other data as the Board may in its sole discretion conclude
is necessary in order to carry out the purposes of this chapter.
E.
Release of encumbrance: proof that written notice of the excavation
has been given to the holders of any mortgages or other encumbrances
on the property as recorded with the Town of Bethlehem and a written
statement from the Tax Collector of the Town of Bethlehem certifying
that all taxes levied against the premises have been paid in full
and that there are no unreleased tax liens encumbering the same.
F.
Fee: an application fee for the purpose of engineering review and
site inspection in the amount of $200 and an additional $25 per acre
for each acre in excess of five acres, excluding the maximum permitted
storage areas. The fees set forth herein are the minimum application
fees required. If the Town finds that the application involves activities
that may have a substantial impact on the site, the surrounding area,
or nearby properties or landowners due to environmental conditions
(e.g., air quality, groundwater quality or quantity, wetlands or watercourses,
noise, heat, vibration), traffic, or other concerns, it may retain
appropriately qualified consultants to review the application and
to make any suggestions they may have at the applicant's expense.
When the actual cost of processing an application exceeds the minimum
application fee, including but not limited to the hiring of professional
services, the Board shall charge the applicant an appropriate surcharge
fee to fund the actual cost of processing the application. The applicant
will be informed that there will be a surcharge and it will be documented
in the file. No permit shall be issued by the Board unless and until
all such fees have been paid.
G.
Liability insurance: evidence by way of an insurance binder that
the applicant has sufficient liability insurance to save the Town
of Bethlehem harmless from any liability resulting from his operations.
Such evidence shall be reviewed and approved by Town Counsel prior
to the issuance of a permit.
H.
Bonds: an irrevocable letter of credit, cash or corporate surety bond written by a bonding company licensed to write surety bonds in the State of Connecticut, in an amount set by the Board and not in excess of $10,000 per acre of permit and storage area for the purposes set forth in § 75-11, which bond may be in addition to any other bond required by any other regulatory agency of the Town or the State of Connecticut. Said letter of credit, bond or other surety arrangement shall be approved in writing by Town Counsel prior to the issuance of the permit, provided that Town Counsel has determined that said surety arrangement adequately protects the interests of the Town of Bethlehem and assures full compliance with this chapter and with any stipulations assigned to the permit by the Board. The said surety arrangement shall provide that if the Board or its qualified engineer designee certifies that the permittee has violated this chapter and/or any assigned permit stipulations and has failed to abate said certified violation within 30 days of the date of notice to the applicant and surety of said violation, then said surety shall be paid over in its face amount to the Town of Bethlehem, which shall be authorized to disburse from said sum paid over the cost of abating said violation. Any excess of the amounts paid over, after deduction of all disbursements required to abate the violation, shall be returned to the applicant or the surety, as the case may be.
I.
Right of entry for inspection and correction of violations: a written
agreement by the owner of the premises and the applicant and approved
by Town Counsel which permits the Town of Bethlehem or its designee
to enter upon the premises for the purposes of inspection to ensure
compliance with the approved plans and to perform all work necessary
to correct and abate any violations of this chapter and of stipulations
which the permittee has made and failed to correct within the required
time, such right of entry to arise upon the certification of such
violation(s) by the Board of Selectmen or its qualified engineer designee
and shall continue for such time thereafter as is required for the
Town or its designee to remedy such default.
Each application for a permit submitted after the effective
date of this chapter shall be considered, in the first year of submission,
an initial permit application, whether or not the application refers
to a property that is now being used for the excavation of earth materials,
and is subject to the following regulations:
A.
Duration. Each permit issued hereunder shall be valid for a period
of one year or for such shorter period of time as may be requested
by the applicant barring suspension or revocation of the permit because
of certified violations.
B.
Denial of application. The Board may deny any such initial permit application if, at the time of the filing of such initial permit application, the requirements set forth in § 75-6 herein have not been met, permits from other regulatory agencies of the Town or State of Connecticut have not been issued, and the issuance of the permit would result in the violation of any other section of this chapter or of any other regulation, code or ordinance of the Town of Bethlehem or of any statutes of the State of Connecticut or of the United States.
A.
The Board may renew a permit for the same permit area described in the initial permit application upon payment of the required permit fee, the filing of a new bond and the other documentation required under § 75-6G, H and I and upon the filing of a statement of the number of cubic yards of earth material which have been removed and/or deposited under the existing permit, provided that the Board finds:
(1)
The permitted work is being diligently performed by the permittee.
A failure by the permittee to actively work the area covered by the
permit for a period of six months, excluding November, December, January,
February, and March, shall be prima facie evidence that the work authorized
has been completed, and the burden shall be on the applicant to show
why the permit should be renewed;
(2)
The permittee has taken steps to restore those portions of the permit
area where work is apparently completed and has made provisions to
assure that restoration can be effected in accordance with the original
plan and this chapter;
(4)
The renewal will not extend the permit period beyond the applicant's
estimated completion date.
B.
Accuracy of documentation. If the Board has reason to question the continued accuracy or applicability of the other documents required by § 75-6 and submitted by the applicant as part of the initial permit application, it may require the submission of modified documents to reflect conditions existing at the time of the application for permit renewal.
C.
Renewal time. Renewal applications containing all required documentation shall be submitted at least 45 days but not more than 60 days prior to the expiration of the existing permit. If the applicant desires to change the boundaries of the area for which a permit is sought as an initial permit application, all of the documentation required under § 75-6 shall be submitted.
A permit issued under this chapter can be revoked by the Board
for reasons specified hereunder:
A.
Failure to work. The failure of any permittee to actively work the
permit area for a period of six months (excluding the months of November,
December, January, February, and March) without the prior written
approval of the Board shall be cause for revocation of a permit. Such
revocation shall become effective 30 days after the mailing of notice
by certified mail, return receipt requested, to the permittee and
owner, unless the permittee sooner proves to the Board that the area
has been actively worked during such six-month period or provides
written assurance satisfactory to the Board that work will be resumed
and continued. The failure of the permittee thereafter to actively
work the area in accordance with such written assurance shall be grounds
for revocation without further notice.
B.
Violations of regulations. Any permit issued under this chapter may
be revoked by the Board when there has been a violation of any provision
of this chapter or any permit issued hereunder, provided that notice
of said violation has been given to the permittee, together with an
order to comply therewith within 21 working days as set forth in said
order, and the permittee has failed to comply with said order.
