This regulation is adopted to help preserve Willington's natural environment and promote the public health, safety and general welfare. Through the establishment of specific site development principles and review procedures, this article attempts to reduce damages from soil erosion and sedimentation, reduce downstream flooding and, in general, ensure proper storm drainage management.
[Amended 9-16-2025, eff. 10-1-2025]
Earthmoving, grading or land disturbing activities, including the removal of trees and other vegetative cover, the development of haul roads and logging decks for forestry operations, cut and fill activities and all erosion and sedimentation control plans as required (see § 315-16.03), shall (as applicable to the specific site and development) comply with the following site development principles:
A.
The earthmoving, grading or land disturbing activity, including haul roads for forestry operations, shall be fitted to the topography and soils so as to create the least erosion potential. Where possible, extensive cut and fill operations should be avoided.
B.
Prospective building sites shall not be stripped of vegetation prior to the issuance of a certificate of zoning compliance. Only the smallest practical area of land shall be exposed at any one time during development. When land is exposed during development, the exposure shall be kept to the shortest practical period of time.
C.
Wherever possible, natural terrain and vegetation shall be retained and protected and significant stands of trees shall be preserved.
D.
As necessary, temporary seeding, mulching, staked hay bale check dams, jute or tobacco netting and other control measures shall be used to protect critical areas exposed during development.
E.
Wherever possible, buffers of undisturbed natural vegetation of 50 feet or more shall be retained along all watercourses and wetlands.
F.
Except as approved by the Commission, with the recommendation of the Town Engineer and the Director of Public Works, cut and fill slopes shall not be steeper than 3:1 unless stabilized by a retaining wall or riprap. All fill material shall be placed and compacted so as to minimize sliding or erosion of the soil. As necessary, diversions, waterways, grading or other adequate protective measures shall be provided to prevent surface water from damaging the cut face of excavations or the sloping surfaces of fills.
G.
Drainage provisions shall be made to effectively regulate any increased runoff caused by changed soil and surface conditions during and after development in accordance with § 315-4.20 of these regulations.
H.
Permanent or temporary control measures such as diversions, waterways, hay bale check dams, detention basins, sediment basins (silt traps, debris basins) and other structures shall be installed, as necessary, in conjunction with the initial grading operations. Where possible, necessary control measures shall be put into effect prior to commencement of activity in each exposed area. At a minimum, said control measures shall be maintained until the development has been completed and all disturbed areas have been permanently stabilized to ensure the removal of sediment from runoff waters draining from land under development. As necessary, temporary seeding shall be utilized as a nonstructural measure for stabilizing slopes during winter conditions and where bare slopes will be untreated for long periods of time.
I.
All disturbed areas shall be properly and neatly graded and shaped as soon as possible. Final grading shall include removal of large rocks, stumps, debris and other deleterious materials from finished surface. A final, permanent, vegetative cover shall be established upon achievement of final grade.
J.
Grading equipment shall not cross active watercourses except by means of bridges, culverts or other methods approved by the Commission or the Zoning Agent.
K.
Unless approved by the Commission, topsoil shall not be removed from developing areas except for sites of structures or man-made improvements. The topsoil from areas intended for such improvements shall be redistributed within the boundaries of the subject site to facilitate the provision of a suitable base for seeding and plantings. As necessary, additional topsoil shall be brought to the site. Soil and other material shall not be temporarily or permanently stored in locations which would cause suffocation of root systems of trees to be preserved.
L.
During grading operations, necessary measures for dust control shall be exercised.
M.
All erosion and sedimentation control measures shall be in place prior to the commencement of construction.
[Amended 9-16-2025, eff. 10-1-2025]
A soil erosion and sedimentation control plan shall be submitted with any application for development when the disturbed area of such development is cumulatively more than 1/2 acre, except as provided in § 315-16.03B.
A.
Applicability and review procedure.
(1)
Earthmoving, grading or land disturbing activities shall not commence until an ESCP based on the Connecticut Guidelines for Soil Erosion and Sediment Control (1985) and the site development principles of § 315-16.02 is submitted and approved by the Commission or Zoning Agent as noted below. In situations where a proposed land use activity requires (through zoning, subdivision or state statutory provisions) Commission or Zoning Board of Appeals action, a required ESCP shall be submitted with other application requirements, and upon acceptance, the plan shall be acted upon by the Commission or Board, as the case may be, within statutory time requirements. In situations where a proposed land use activity requires an ESCP but does not require Commission or Board approval, the ESCP shall be reviewed by the Zoning Agent under certificate of zoning compliance (certificate of zoning compliance) procedures. The Zoning Agent shall act on the submittal within 30 days of its receipt.
(2)
Prior to final action, the Commission, the Board, or the Zoning Agent may refer the ESCP to the Inland Wetlands and Watercourses Commission or any other appropriate review agency for comments and recommendations, provided such review shall be completed within 30 days. No ESCP shall be approved which is inconsistent with the site development principles of § 315-16.02 or is deemed inadequate for construction purposes. Nothing in these regulations shall be construed as extending the time limits for the approval of any application under C.G.S. Chapter 124 or 126. The Commission or Board, as the case may be, shall either certify that the soil erosion and sediment control plan complies with the requirements and objectives of this regulation or deny certification when the development proposal does not comply with these regulations. Planned soil and erosion control measures and facilities shall be installed as scheduled according to the certified plan and shall be maintained in effective condition to ensure compliance.
B.
Components of an erosion and sedimentation control plan (ESCP). A soil erosion and sedimentation 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 or most effective method(s). When a plan is required, the degree of detail to be incorporated shall be based on the specific site characteristics, including, but not limited to, types of soil; the degree and length of slope; the existing vegetation; the size of the disturbed area; the duration of the exposure; the nature of adjacent land uses; and the proximity of watercourses and poorly drained, very poorly drained, alluvial or floodplain soils as designated by USDA Natural Resources Conservation Service. To avoid unnecessary costs and expedite review, the Willington planning staff shall be contacted prior to the formulation of a plan. When required, five copies of an ESCP drawn at a scale adequate to give a clear representation of the proposal, and sufficient detail for erosion and sedimentation measures, shall be submitted. Dependent on the degree of detail required and space availability, the components of an ESCP may be included as part of a subdivision or site plan map. All ESCPs shall include the following:
(1)
A narrative describing the following:
(a)
Description of the development.
(b)
A schedule of operations to include starting and completion dates for major development phases, such as land clearing and grading, street and storm drainage installation, sediment control measures, etc., and sequence of all grading and construction activities.
(c)
Seeding, sodding or vegetation plans, including proposed seeding dates, seeding and fertilization mixes, application rates and specifications for all uprooted or unvegetated areas.
(d)
The location design criteria and construction details of proposed structural sediment control and soil erosion measures, such as diversions, waterways, grade stabilization structures, debris basins, etc., and sequence for installation and/or application of these measures and for final stabilization of the site.
(e)
Acknowledgement and utilization of the site development provisions of § 315-16.02 of this regulation.
(f)
General information relating to the implementation and maintenance of the soil erosion and sediment control measures and stormwater management facilities.
(2)
A site plan map at a sufficient scale to show:
(a)
Property lines and street locations and adjacent properties.
(b)
Site characteristics, including types of soils; contours, existing and proposed, at an interval adequate to indicate clearly the degree and length of slopes; existing vegetation and the location of watercourses and wetlands in the area. Two-foot contour intervals may be required by the Commission or Zoning Agent.
(c)
The location of potentially serious erosion areas, existing erosion problem areas, areas to be stripped of vegetation and other exposed or unprotected soil areas.
(d)
Existing structures on the project site, if any.
(e)
Existing and proposed drainage structures and, as necessary, drainage runoff calculations.
(f)
The proposed area alterations, including cleared, excavated, filled or graded areas and proposed structures, utilities, roads, and, if applicable, new property lines.
(g)
The location of and design details for all proposed soil erosion and sediment control measures and stormwater management facilities.
(h)
The sequence of grading and construction activities.
(i)
The sequence of installation and/or application of soil erosion and sediment control measures.
(j)
The sequence for final stabilization of the development site.
(3)
Any other information deemed necessary and appropriate by the applicant or requested by the Commission or its designated agent.
C.
Enforcement.
(1)
Inspections 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 or its agent shall have the authority to require additional erosion and sediment control measures at any time that field conditions require them, it being recognized that unforeseen weather, topography, and other site and environmental factors can render the ESCP inadequate.
(2)
The estimated costs of measures required to control soil erosion and sedimentation, including stormwater runoff controls, as specified in the certified plan, may be covered in a performance bond or other assurance acceptable to the Commission in accordance with § 315-20.11 of these regulations.
(3)
Site development shall not begin unless and until soil erosion and sediment control measures are installed in accordance with the approved ESCP, and the ESCP shall at all times be followed both as to schedule and measures to be taken.
(4)
These regulations shall be enforced under the provisions of C.G.S. §§ 8-3 and 8-25, as amended.
As used in this article, the following terms shall have the meanings indicated:
A signed, written approval by the Planning and Zoning Commission (or its designated Agent) that a soil erosion and sediment control plan complies with the applicable requirement of these regulations.
Any man-made change to real estate, including but not limited to the construction of buildings or structures, mining, dredging, filling, grading, paving, excavation or drilling operations, but excluding the tilling of soil as part of a bona fide farming or gardening operation.
An area where the ground cover is destroyed or removed, leaving the land subject to accelerated erosion.
The detachment and movement of soil or rock fragments by water, wind, ice or gravity.
Any excavating, grubbing, filling (including hydraulic fill) or stockpiling of earth materials or any combination thereof, including the land in its excavated or filled condition.
The periodic review of sediment and erosion control measures shown on the certified plan.
Solid material, either mineral or organic, that is in suspension, is transported, or has been moved from its site of origin by erosion.
Any unconsolidated mineral or organic material of any origin.
A scheme that minimizes soil erosion and sedimentation resulting from development and includes, but is not limited to, a map and narrative.
Shall be defined in accordance with Chapter 304, Inland Wetlands and Watercourses Regulations.
Shall be defined in accordance with Chapter 304, Inland Wetlands and Watercourses Regulations.