[HISTORY: Adopted by the Board of Selectmen of the Town of Simsbury 7-11-1979. Amendments noted where applicable.]
Flood damage prevention — See Ch. 94.
It has been clearly demonstrated that the soil and vegetation of the Town of Simsbury are valuable natural resources, the preservation of which is essential for control and protection of surface and underground waters. To protect the soil, vegetation, watercourses and aquifers of the Town of Simsbury is essential to the public health, safety and welfare.
It is the policy of the Town of Simsbury to prevent within the town soil erosion and sedimentation on any land which is used in a manner which exposes earth materials to erosion, and to provide, as soon as possible, for the restoration of the exposed areas to their prior condition.
As used in this chapter, the following terms shall have the meanings indicated:
- Loss of soil materials by action of gravity, wind or moving water.
- Digging, burrowing, removing and/or relocation of soil materials.
- Shaping or changing the contours of the land surface.
- Soil materials that are in suspension, are being transported or have been moved from their site of origin by water or wind.
- The deposition or accumulation of sediment.
- SOIL MATERIALS
- Unconsolidated mineral and organic material on the immediate surface of the earth.
The Conservation Commission or its designated agent shall determine which applicable land uses as set forth herein shall require such sediment and erosion control plan and shall review and approve all such plans prior to final planning or zoning approval, issuance of building permit or commencement of Simsbury Department of Public Works projects.
The following are exempt activities:
Activities incidental to use, enjoyment and maintenance of residential property, provided that a certificate of occupancy for the structure on that lot has been issued.
Agricultural activities, unless the Conservation Commission or its designated agent determines that sedimentation will occur.
Emergency activities conducted by public utilities for protection and welfare of the general public.
Activities by State or Simsbury Highway Departments as part of routine or emergency maintenance procedures.
Sedimentation and erosion control plans shall include but not be limited to:
Location of areas to be stripped of vegetation and other exposed or unprotected areas.
A schedule of operations to include starting and completion dates for major development phases, such as land clearing and grading, street, sidewalk and storm sewer installation, etc.
An estimate of the soil loss from the construction site.
Seeding, sodding or revegetation plans and specifications for all unprotected or unvegetated areas.
Location and design of structural sediment control measures, such as diversions, waterways, grade stabilization structures, debris basins, etc.
Timing of planned sediment control measures.
General information relating to the implementation and maintenance of the sediment control measures.
Grading plan showing existing and proposed contours at two-foot intervals.
The Town of Simsbury recommends use of the Hartford County Soil and Water Conservation District personnel for information and planning assistance in sediment and erosion control plans. In addition, the use of standards and specifications as prepared by the United States Department of Agriculture Soil Conservation Service in the Sediment and Erosion Control Handbook is encouraged (available from Soil Conservation Service, 340 Broad Street, Windsor, CT, or on file in the Town Conservation Director's office).
The Commission or its designated agent may approve the plan as filed or upon such terms, conditions, limitations or modifications as are deemed necessary to fulfill the purpose of this chapter.
Action shall be taken on all proposed plans within 30 days from receipt of a completed proposed plan, and the applicant shall be notified by certified mail of the decision within 15 days of the date of the decision.
If a plan is denied or granted with conditions or limitations and the applicant disputes such conditions or limitations, he may modify, amend or correct his proposal or request a hearing before the Commission, which shall hear said matter at its next regularly scheduled meeting following not fewer than 10 days' request by the applicant.
No plan may be assigned or transferred without the written consent of the Commission or its designated agent.
The Conservation Director or any designated agent of the Conservation Commission shall maintain general surveillance of all property in town to ensure that no violations of this chapter occur. Activities which have been granted approval or for which approval has been sought shall be open to inspection at all reasonable times. The Conservation Director shall be authorized to seek such necessary court orders as will allow him to inspect land where he has probable cause to believe an activity is in progress which may violate the terms of this chapter.
Any person who shall commit, take part in or assist in any violation of this chapter may be served with a written order either by personal service or certified mail stating the nature of such violation and providing a specified time within which corrective measures shall be taken by the violator. Within 10 days of the issuance of such order, the Commission shall hold a hearing to provide the person an opportunity to be heard and show cause why the order should not remain in effect. The Commission shall consider the facts presented at the hearing and within 10 days of the completion of the hearing notify the person either by personal service or certified mail that the original order remains in effect, that a revised order is in effect or that the order has been withdrawn. The original order shall be effective upon issuance and shall remain in effect until the Commission affirms, revises or withdraws the order. The issuance of an order pursuant to this section shall not delay or bar any action pursuant to Subsection B of this section.
Notwithstanding the above, the Commission may petition the Superior Court to enjoin any violation of this chapter.
A violation of any provision of this chapter shall be an infraction as provided for in Connecticut General Statutes Sections 51-164m and 51-164n. Pursuant to Connecticut General Statutes Section 51-164p, any such violation shall be punishable by a fine of not more than $90 for each offense. Each day that such offense is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder.