The purpose of these regulations is to regulate the filling, processing and removal from land of earth, sand, stone, gravel, soil, minerals, loam, fill, clay, peat moss, and other similar substances, so as to prevent conditions in the Town of Willington detrimental to the public safety, health, and general welfare, including, but not limited to, erosion, depletion of natural resources, dangerous open pits, lowering of property values, stagnant water bodies, nuisances, traffic hazards, and unsightly operations. This article is enacted pursuant to C.G.S. § 7-148.
For the purposes of this Article 15 only, terms used herein shall be defined as follows:
The term "excavation" or "excavation operations" shall include:
Any operations involving excavating, grading, filling or removal of earth, sand, stone, gravel, soil, minerals, loam, fill, clay, peat moss, and any other earth products in the Town of Willington; and
The transportation of such products from such operations across private property located in the Town, regardless of whether the operation itself is within the Town or in an adjacent town.
Except as provided in the following section, there shall be no excavation operations on any premises except upon the issuance of a special permit in accordance with this Article 15. Upon the issuance of such special permit, excavation operations shall be permitted in all zones.
This Article 15 shall not apply to:
A.
Excavation of less than 100 cubic yards of material over a twenty-four-month period from a lot.
B.
The construction of a wall, sewer or water line, septic system, swimming pool, fence, sidewalk, driveway or parking area incidental either to an existing building or to a building for which a certificate of zoning compliance and a building permit (where required by the Building Code) have been issued; or any work incidental to landscape gardening on the property.
C.
Excavation involving the movement of earth products from one part of the premises to another part of the same premises, when such removal/filling is made for agricultural purposes or landscaping.
D.
Necessary excavation, grading, removal or filling incidental to the construction or alteration of a building or structure for which a certificate of zoning compliance and, where required, a building permit has been issued.
[Amended 9-16-2025, eff. 10-1-2025]
The Commission may grant a special permit in accordance with this article (in lieu of the provisions of Article 13, Special Permit/Exception, of these regulations) for the removal or filling of soil, loam, sand or gravel, stone or clay, under the following conditions:
A.
The owner of the land, or his agent, shall submit a plan of the permit premises prepared by a professional engineer and a land surveyor licensed in the State of Connecticut which shall:
(1)
Show the boundaries of the entire parcel of land owned by the applicant, with the permit premises delineated.
(2)
Be drawn to one inch equals 40 feet scale.
(3)
Indicate existing contour lines and proposed final contour lines of the project area, as well as all area within 100 feet thereof, or such greater distance as the Commission may require to establish conformance with the criteria of this section. Said plan shall also indicate the location of surface and determinable subsurface rock and the seasonal high groundwater table.
(4)
Indicate bench marks (two) established from USGS monumentation or by a bench mark established on-site.
(5)
Show the location and elevation of all existing and proposed streets, roads or highways on and within 500 feet of the permit premises, or such greater distance as the Commission may require to establish conformance with the criteria of this article.
(6)
Indicate the existing and proposed drainage of the permit premises, including drainage provisions during the excavation or filling phases, as well as an erosion control plan.
(7)
Show all adjacent property owners and indicate the names and mailing addresses of all property owners within 1,000 feet of the permit premises, as such names and mailing addresses are shown on the current records of the Assessor.
(8)
Show the location of all structures, watercourses, utilities, rights-of-way, and easements on the permit premises, and areas which are wooded or open field.
(9)
Show details of regrading and revegetation of the permit premises, including the number, size at planting, and location of all landscaping material and the mix of grass seed for all restored area.
B.
A statement and map describing the stages of operation by area and time sequence shall be submitted.
C.
A list of the number and types of machinery to be used on the premises and for hauling, the proposed hours of operation, and the location and type of any storage building existing or to be erected on the permit premises shall be submitted.
D.
All applications shall include a sedimentation and erosion control plan in accordance with Article 16 of these regulations, and also including routes water will follow both during and after work is completed; temporary measures, both mechanical and vegetative, for erosion control; measures planned for keeping sediment on the site; and any permanent mechanical measures needed to control water runoff and thus erosion and sediment.
E.
The applicant shall submit a reuse plan which will indicate the final land configuration of the parcel. In order to encourage land aesthetics, final slopes may consist of variations of 3:1 and 4:1 ratios. Said plan, subject to approval of the Commission, shall also include provision for ground cover, including topsoil, reforestation and seeding. Said reuse plan shall indicate:
(1)
Proposed final condition of the land and its usefulness for development in accordance with the zoning of the premises, based on the remaining natural resource conditions after restoration;
(2)
Alterations to the land resulting from the excavation operation; and
(3)
Evidence (such as borings) that adequate cover will remain over bedrock to permit development of the premises in accordance with its zoning, including adequate depth for drainage, septic systems, and other utility installation.
F.
The applicant shall submit:
(1)
The anticipated haul pattern for the operations, which shall be approved or modified and approved by the Commission.
(2)
A statement of the total cubic yards of material to be removed from, or brought into, the site; the number of truck loads required to move such a volume of material, based on the types of trucks to be used in the excavation operation; and the approximate number of trips per day, based on the probable seasons of operation and the proposed hours of operation.
(3)
Evidence of the approval of the excavation operation, where required, by the Willington Inland Wetlands and Watercourses Commission, and the final report of that Commission, as required by C.G.S. § 8-3c.
(4)
An application or renewal fee in accordance with Town ordinances.
All excavations shall comply with the following minimum requirements:
A.
At no time shall more than five acres, or 10% of the premises, whichever is less, be left in an unrestored condition, unless expressly authorized by the Commission due to special circumstances such as topography, weather, or unique site conditions, and excepting applications to which § 315-15.13 applies.
B.
The use of any proposed buildings on the permit premises during the term of the excavation operation shall be limited to sanitary facilities and the storage of tools, equipment and materials essential to the operation; and allowing human habitation by the landowner, his next of kin, or any employees of the operation in accordance with other applicable provisions of these regulations.
C.
All aspects of the excavation operation shall strictly comply with the plans and other supporting information submitted, as the same may be modified by the Commission, and shall comply at all times with the provisions of these regulations.
D.
Removal of material shall not result in a grade steeper than 3:1, except for areas of ledge outcrop. There shall be no excavation operations within 50 feet of any property line or of a street line, except that the Commission may waive such buffer where the reuse plan indicates that excavation closer to the property line would facilitate a valid ultimate use of the property. Where the use of an abutting property is similar or compatible to the proposed use, or where the topography of the property is appropriate, grades may be as steep as 2:1 and material may be removed to the property line to conform to existing or proposed grades. All slopes shall be protected both during and after disturbance by cutoff ditches or other erosion control devices or measures.
E.
Excavation operations, including loading and delivery of material, shall not commence before 7:00 a.m., EST or DST (as the case may be) and shall terminate not later than 6:00 p.m., EST or DST (as the case may be), Monday through Saturday. No operations are permitted on Sunday or legal holidays. The foregoing shall be deemed to be the standard maximum days and hours of operation in the absence of any condition in the special permit to the contrary. The Commission may require or permit greater or lesser days or hours of operation, depending on the use of adjoining or nearby properties and of properties along the roads of the anticipated haul pattern; the pattern and character of traffic on the roads of the anticipated haul pattern, including times of commuter traffic, school buses, and truck or other traffic from other land uses in the area; the topography of the property and its ability to contain or deflect noise and dust; and the presence or absence of specific measures to control noise in the excavation operation.
F.
No on-site processing of material may be permitted unless such use is expressly requested in the application and approved by the Commission as part of the special permit issued hereunder. The plan submitted in support of the special permit shall depict the proposed location of such processing. In any event, no rock crushing or other processing of material shall occur within 100 feet of any property line or of any street. The Commission may increase or decrease such minimum setback depending on the projected life span of the excavation operation, the character and use of adjacent or nearby properties, the topography of the property and its ability to contain or deflect noise and dust, and the presence or absence of specific measures to control noise in the excavation operation.
G.
During the period of excavation, provision shall be made for proper drainage. The drainage system may include sedimentation basins designed in accordance with Natural Resources Conservation Service standard practices. The drainage system shall, where recommended by the Town Engineer, include detention basins designed to prevent any increased rate of discharge due to the additional runoff caused by the excavation. The effectiveness of the drainage facilities, including vegetative cover, shall be assured for a twelve-month period following completion of each stage of the operation, and no bonds for such stage shall be released until the expiration of such time. The Commission may extend such twelve-month period for good cause, such as the failure of the vegetative cover to become established, unusual weather conditions, failure of the drainage design, and similar factors.
H.
In any area where the Commission reasonably finds that there is a need to minimize the nuisance of noise, flying dust and rock, and the accumulation of groundwater or surface water, the Commission may require any or all of the following measures:
(1)
Limitations on the height of stockpiles.
(2)
Provisions for watering/wetting of stockpiles, haul roads, or working surfaces/areas, or covering or temporary mulching of stockpiles.
(3)
Construction of visual and/or noise buffers by fencing, earth mounding, vegetative screening, a particular orientation for working faces of the excavation, or other similar measures.
I.
Where necessary to protect the safety of persons entering the permit premises, the Commission may require fences, gates, or barricades to control or prevent vehicular access.
J.
The sale of earth products to the general public on the premises is permitted where and as designated in the application and approved by the Commission.
K.
Truck access roads to and within the permit premises shall be so arranged as to eliminate danger to traffic and to minimize the nuisance to surrounding property owners. Such access roads shall have a dustless surface for the first 300 feet from the public street, which is to be maintained in good condition at all times. There shall be an anti-tracking pad adjacent to the street, or such other additional or alternative measures as the Commission may approve upon the written request of the applicant to prevent the tracking, washing, spillage or other deposition of material on the street.
L.
The applicant shall make provision for such highway warning signs as are reasonably required by the Commission and authorized by the State Traffic Commission or the Board of Selectmen, as the case may be.
M.
As each stage of the excavation operation is completed, that portion of the permit premises shall be graded to its final contour lines as shown on the plans, as approved by the Commission, and a layer of arable topsoil, of a quality approved by the Zoning Agent, shall be spread over the previously excavated areas, except exposed rock surfaces, to a minimum depth of four inches. The areas shall be mulched and seeded in accordance with current recommendations of the Natural Resources Conservation Service. The cover vegetation shall be stabilized and maintained for a period of 24 months following seeding. The Commission may authorize different restoration vegetation for areas which are to be used for recreation or agriculture.
N.
No loam shall be sold from any permit premises unless the applicant can conclusively establish that the required four inches of loam would remain to provide the cover specified in the preceding subsection for all disturbed areas.
O.
Removal or disturbance of any material below that elevation shown on the final approved plan is prohibited (i.e., no mining permitted).
In passing on applications for special permits pursuant to this Article 15, the Commission shall consider the following criteria:
A.
The application shall contain all information required by this Article 15, and the number of copies required, and said information has been prepared by persons possessing the necessary expertise to prepare it. Information shall be presented with adequate clarity and professionalism to permit the Commission to understand it and determine compliance with these regulations. The presentation of a complete application, as described herein, is the obligation of the applicant, and failure to meet these criteria shall be grounds for denial without prejudice to future, complete applications.
B.
The application shall conform with applicable provisions of these regulations, unless an express waiver is granted where specifically authorized herein. Further, the application shall conform to Chapter 310, Subdivision Regulations; Chapter 304, Inland Wetlands and Watercourses Regulations, as evidenced by the submission of an inland wetlands permit issued by the Willington Inland Wetlands and Watercourses Commission, where required; and all relevant provisions of the United States Code and the Connecticut General Statutes and regulations adopted pursuant to them (such as water diversion permits from the Connecticut Department of Energy and Environmental Protection or wetlands permits from the U.S. Army Corps. of Engineers), whether or not cited in these regulations.
C.
No excavation operation shall be approved where there is substantial evidence, on the record, that such operation poses a demonstrable risk of degradation of surface water or groundwater supplies arising out of any element of the proposed use or site plan.
D.
The effect of such removal or filling on the surrounding property and the future usefulness of the premises when the operation is completed.
E.
The traffic and safety impacts of the haul pattern.
F.
The impact of noise, dust, erosion, blasting, and other proposed activities on neighbors.
G.
The environmental impact of the use, including impacts on groundwater and surface water quality and quantity, wildlife habitat, aquifer protection, and similar considerations.
I.
The adequacy of the provisions for a dustless surface on access roads, and the minimization of the nuisance from noise, flying dust and rock.
J.
Provision for adequate vegetative screening, fencing, earth mounding for safety, and visual and noise buffers along the property and street lines may be required, as determined by the Commission.
A.
Inspection and testing. The Commission or its Zoning Agent may, at any time, inspect the permit premises for compliance with these regulations, the approved plans, and any conditions of the permit. The Commission or its Zoning Agent may take water samples from appropriate locations and have them analyzed to determine the impact of the excavation operation on surface or subsurface water quality. Such monitoring shall not relieve the permit holder of its responsibility to assure effective water pollution control.
B.
Permit review. During the month of April and the month of August, or more often if conditions warrant, the Commission may require the permit holder to review the site, either in the field or before the Commission or both, to address permit compliance and to review progress toward restoration.
C.
Permit expiration and renewal. Any permit or renewal thereof shall expire on March 1 of the year following its date of issuance. The Commission may authorize renewal of any permit for additional periods of not more than one year, without an additional public hearing, if the excavation operation is proceeding in accordance with all these regulations and any permit issued hereunder. The permit holder shall apply for such renewal no less than 45 days, nor more than 90 days, prior to the expiration of the current permit. Renewal applications shall include evidence of compliance herewith, including, but not limited to, an updated survey depicting the existing contours, as compared to the proposed contours; photographs of the site; water quality or noise test data; and the like. The Commission may require additional information if the renewal will involve changes from the original permit. The Commission may also impose additional conditions on, or modifications to, the original permit which appear necessary or desirable in light of the history of the operation.
The Commission reserves the right to require project stages to limit the amount of land to be denuded and stripped at any one time. Such requirements shall be based upon the character of the neighborhood, the topography of the site, the potential for erosion by wind or water, and the recommendation of the Town Engineer or such other state or local agency, or special advisor, as may provide advice to the Commission.
Before a permit or renewal is granted, the owner shall post a bond in the form of cash, a passbook assigned to the Commission, or an irrevocable letter of credit issued by a bank having offices in Windham or Tolland County in the State of Connecticut, any of which shall be filed with the Treasurer of the Town of Willington. For excavations lawfully existing on the effective date of these regulations, the Commission may accept insurance bonds with an insurance company licensed to do business in Connecticut. The amount of the bond, and the type of bond or combination of bonds (cash, passbook, letter of credit), shall be determined by the Commission and be sufficient to insure full and faithful compliance with the provisions of these regulations, including the protection of Town roads, and final reseeding, regrading and site restoration as required by these regulations and the permit. The amount of such bond shall be reviewed by the Town Engineer and/or the Natural Resources Conservation Service of the United States Department of Agriculture. The form of bonds shall be approved by the Commission's legal counsel and shall be on forms approved by the Town. Bonds may be reduced, in the Commission's sole discretion, as areas of the site are restored and the scope of the excavation operation is reduced; or the Commission may increase such bonds due to inflation, unforeseen restoration problems, correction of violations of these regulations, and other similar factors.
Any permit issued hereunder may be enforced in accordance with the provisions of Article 20 of these regulations.
Excavation operations in existence as of the effective date of this regulation shall submit permit applications in accordance herewith, and shall be bound by all procedural requirements hereof, and shall conform to all operating requirements contained herein. However, this Article 15 shall not be construed to require any alteration of any area already restored in accordance with the predecessor Section 4.9.3, as effective December 15, 1970, and as amended thereafter, or to require closure of any working face in existence; nor shall renewal of such permit be denied for the reason that it does not comply with any criteria as to the location of the excavation (that is, its relationship to surrounding uses or zones) which are contained in this Article 15 but which were not contained in said predecessor section. All existing excavation operations shall submit a plan depicting stages by which areas of active excavation either existing or approved pursuant to the predecessor Section 4.9.3, but which violate the provisions of this Article 15, shall be brought into conformance herewith, except as exempted by this Article 15. Such plan shall submitted by March 1, 2005, and shall provide for full conformance with this Article 15 no later than March 1, 2007, or such later date as approved by the Commission.
Nothing herein shall prevent the Commission from approving a revised plan, without a public hearing, depicting minor modifications, or depicting reductions to the scope of work originally approved (but not expanding or extending it), provided that the bond required in § 315-15.11 shall not be released until all required provisions of these regulations have been met, and provided further that any significant modification or any expansion or extension of the operation shall require a public hearing prior to approval.