When any use, building or other structure or site development that is subject to these Regulations involves a disturbed area of 1/2 acre or more, or otherwise when provision for soil erosion and sediment control is required by these Regulations, a certified soil erosion and sediment control plan in connection therewith shall be in effect prior to, during and upon completion of construction. The control plan may be integrated with plot plans, site plans, other maps and plans and statements of use required by these Regulations and shall cover all construction, clearing, grading and site development locations that constitute a disturbed area. A control plan certified in connection with approval of a subdivision under Chapter 382, Subdivision Regulations, of the Town of Orange and in effect for the lot where the disturbed area is located, may constitute the control plan required by these Regulations.
Certain words used in this article are defined
as follows:
An area where the 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 and gravity.
The periodic review of sediment and erosion control measures
shown on the certified control 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 and organic material of any origin.
A plan for minimizing soil erosion and sedimentation, consisting
of no less than a map and narrative as follows:
A narrative describing the project, the schedule
of conservation practices, design criteria, construction details and
the maintenance program for any erosion and sediment control facilities
that are installed; and
A map showing topography, cleared areas and
graded areas, proposed area alterations and the location of and detailed
information concerning erosion and sediment measures and facilities.
To be eligible for certification, a soil erosion
and sediment control plan shall contain proper provision adequate
to control accelerated erosion and sedimentation and reduce the danger
from storm water runoff on the lot based on the best available technology.
Such principles, methods and practices necessary for certification
are found in the Connecticut Guidelines for Soil Erosion and Sediment
Control (1985), as amended, published by the Connecticut Council on
Soil and Water Conservation. Alternative principles, methods and practices
may be used with prior approval of the Town Engineer or the Commission.
The control plan shall contain the following to the extent applicable
to the particular use, building or other structure and site development:
A.
Narrative: a narrative describing elements such as
the following:
(1)
The use, building or other structure and site development;
(2)
The schedule for grading and construction activities
including
(3)
The design criteria for proposed soil erosion and
sediment control measures and storm water management facilities;
(4)
The construction details for proposed soil erosion
and sediment control measures and storm water management facilities;
(5)
The installation and/or application procedures for
proposed soil erosion and sediment control measures and storm water
management facilities; and
(6)
The operations and maintenance program for proposed
soil erosion and sediment control measures and storm water management
facilities.
B.
Map: a site plan map at a sufficient scale to show
the following:
(1)
The location of the proposed use, building or other
structure and site development and adjacent properties;
(2)
The existing and proposed topography including soil
types, wetlands, water courses and water bodies;
(3)
The existing structures on the lot, if any;
(4)
The proposed area alterations including cleared, excavated,
filled or graded areas and proposed buildings, structures, utilities,
roads, and, if applicable, new property lines;
(5)
The location of and design details for all proposed
soil erosion and sediment control measures and storm water management
facilities;
(6)
The sequence of grading and construction activities;
(7)
The sequence for installation and/or application of
soil erosion and sediment control measures; and
(8)
The sequence for final stabilization of the development
site.
C.
Any other information deemed necessary and appropriate
by the applicant or requested by the Zoning Enforcement Officer, Town
Engineer or Commission may be made part of the control plan.
The following are minimum standards applicable
to soil erosion and sediment control plans required by these Regulations,
and the preparer of the control plan shall certify that the plan complies
with the minimum standards:
A.
Plans for soil erosion and sediment control shall
be developed using the principles as outlined in Chapters 3 and 4
of the Connecticut Guidelines for Soil Erosion and Sediment Control
(1985), as amended. The soil erosion and sediment control plan 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 shall
be those in the Connecticut Guidelines for Soil Erosion and Sediment
Control (1985), as amended. The Town Engineer or the Commission may
approve alternate standards when requested by the applicant if technically
sound reasons are presented.
C.
The appropriate method from Chapter 9 of the Connecticut
Guidelines for Soil Erosion and Sediment Control (1985), as amended,
shall be used in determining peak flow rates and volumes of runoff
unless an alternative method is approved by the Town Engineer or the
Commission.
The soil erosion and sediment control plan shall
be in effect when certified as follows:
A.
The Town Engineer or the Zoning Enforcement Officer,
or the New Haven County Soil and Water Conservation District if so
requested, shall certify that the soil erosion and sediment control
plan, as filed, complies with the requirements and criteria of this
article or shall deny certification when the control plan does not
comply. Certification may be incorporated in the approval of a site
plan, approval of a special use or other action by the Commission,
and otherwise shall be incorporated in the approval of an application
for a certificate of zoning compliance by the Zoning Enforcement Officer.
B.
The Zoning Enforcement Officer shall coordinate certification
of the control plan with related actions of other agencies, such as
the Zoning Board of Appeals and the Inland Wetlands and Water Courses
Commission.
The soil erosion and sediment control plan shall
be certified subject to the following conditions and requirements:
A.
The estimated cost of measures and facilities to control erosion and sedimentation shall be guaranteed by a bond as outlined in § 383-11.1 of these Regulations. It shall be in amount deemed sufficient by the Commission or otherwise acceptable to and deemed sufficient by the Zoning Enforcement Officer. It is not intended, however, that such bond duplicate similar bonds required by other agencies.
[Amended 6-19-2001]
B.
No site development shall commence unless the soil
erosion and sediment control plan is certified, the bond has been
posted and the control measures and facilities in the plan, scheduled
for installation prior to site work, have been installed and are functional.
C.
Planned soil erosion and sediment control measures
and facilities shall be installed as scheduled according to the certified
control plan.
D.
All control measures and facilities shall be maintained
in effective condition to ensure compliance with the certified control
plan.
Soil erosion and sediment control measures of the certified control plan are subject to inspection as provided in § 383-9 and orders as provided in § 383-10. The Zoning Enforcement Officer may require the applicant under these Regulations to verify through progress reports that soil erosion and sediment control measures and facilities have been performed or installed in accordance with the certified control plan and are being operated and maintained.
