[HISTORY: Adopted by the Board of Selectmen of the Town of Simsbury 7-11-1979.
Amendments noted where applicable.]
GENERAL REFERENCES
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.
Unconsolidated mineral and organic material on the immediate surface
of the earth.
B.
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.
C.
The following are exempt activities:
(1)
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.
(2)
Agricultural activities, unless the Conservation Commission
or its designated agent determines that sedimentation will occur.
(3)
Emergency activities conducted by public utilities for
protection and welfare of the general public.
(4)
Activities by State or Simsbury Highway Departments as
part of routine or emergency maintenance procedures.
D.
Sedimentation and erosion control plans shall include
but not be limited to:
(1)
Location of areas to be stripped of vegetation and other
exposed or unprotected areas.
(2)
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.
(3)
An estimate of the soil loss from the construction site.
(4)
Seeding, sodding or revegetation plans and specifications
for all unprotected or unvegetated areas.
(5)
Location and design of structural sediment control measures,
such as diversions, waterways, grade stabilization structures, debris basins,
etc.
(6)
Timing of planned sediment control measures.
(7)
General information relating to the implementation and
maintenance of the sediment control measures.
(8)
Grading plan showing existing and proposed contours at
two-foot intervals.
E.
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).
A.
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.
B.
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.
C.
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.
D.
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.
A.
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.
B.
Notwithstanding the above, the Commission may petition
the Superior Court to enjoin any violation of this chapter.
[Amended 1-8-1990]
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.
