[HISTORY: Adopted by the Board of Alderman of the City of Derby 9-23-1976
as Ch. 23A of the Charter and Revised Ordinances. Amendments noted where applicable.]
In accordance with the procedures, standards and conditions hereinafter
specified, the Board of Aldermen may grant a temporary special permit for
the excavation or removal from any lot of earth, loam, topsoil, sand, gravel,
clay, rock, sill or peat.
The limitations of this chapter and the requirement for a special permit
shall not apply to excavation or removal in the following cases:
A.
Excavation or removal reasonably necessary in connection
with the bona fide construction or alteration of a building, other structure,
outside storage area or off-street parking or loading area for which any required
building permit has been issued.
B.
Excavation and removal of materials from one lot to another
in a subdivision approved by the Municipal Planning Commission under the Subdivision
Regulations of the city, provided that on any lot, no material is excavated
or removed to an elevation of less than a one-percent grade above the center-line
grade of the street on which the lot has frontage, which elevation is to be
measured at the required setback line from the street.
[Amended 2-8-1990]
A.
Before any temporary special permit shall be granted,
a written application shall be submitted to the Board of Aldermen, together
with an application fee equal to $0.10 per cubic yard of material proposed
to be excavated. The application fee shall be paid by certified check made
payable to the "Treasurer - City of Derby."
B.
The application shall be accompanied by maps and plans
prepared by and bearing a live seal of a land surveyor or professional engineer
licensed in the State of Connecticut.
C.
The maps and plans shall show but not limited to the
following information:
(1)
The location and limits of the area to be excavated.
(2)
Existing and proposed contour lines from an aerial survey
or ground survey (CGS contours will not be acceptable), shown on a map drawn
to a scale of not less than 100 feet to the inch and with a contour interval
not to exceed two feet.
(3)
Existing and proposed drainage on the lot.
(4)
Property lines and streets adjoining the lot.
(5)
Existing rivers, streams, watercourses and ponds on or
adjacent to the lot.
(6)
Property lines and streets adjoining the site.
(7)
Proposed truck access to the site.
(8)
The location of wooded areas, existing buildings and
the location for any proposed buildings.
(9)
An estimate of the number of cubic yards of material
to be excavated or removed.
D.
No screening or rock crushing shall be permitted on the
site without written permission from the Board of Aldermen.
The Board of Aldermen shall grant a temporary special permit for a limited
period of time, not exceeding two years, if it finds that such excavation
will not result in the creation of any sharp declivities, pits or depressions,
soil erosion or fertility problems, depressed land values, any drainage or
sewerage problems or conditions which would impair the use of the property.
Upon written request, the Board of Aldermen may grant extensions of the two-year
limitation for periods of not more than one year.
A temporary special permit shall be granted by the Board of Aldermen
subject to the following standards and conditions:
A.
That the lot will be excavated and graded within the
limits shown on approved plans and in conformity with the proposed contour
plan, as approved.
B.
That slopes will not exceed one foot of rise for two
feet of horizontal distance or such lesser slope that the Board may specify
as necessary for the public health or safety, soil stability or for the reasonable
use of the property after completion of the excavation.
C.
Except in an industrial district, that no stone crusher,
washer, grader, sifter or other machinery not required for excavation or removal
of material will be used.
D.
That there will be no excavation or removal within 50
feet of any property or street line, except excavation or removal that would
result in finished grades at or above the elevation of the adjoining street
or property.
E.
That there will be no sharp declivities, pits or depressions
and that proper drainage will be provided to avoid stagnant water, soil erosion
and water pollution.
F.
That after excavation or removal, the lot will be cleared
of debris within the period for which the special permit is granted.
G.
Except in the location of rivers, streams, watercourses,
ponds and exposed ledge rock, that the top layer of arable soil for a depth
of four inches will be set aside and retained on the lot and will be respread
over the excavated area as the work progresses; that a suitable ground cover
will be planted and grown to an erosion-resistant condition, upon the completion
of the excavation or removal, in accordance with the approved contour lines;
and that such work be completed within the period for which the special exception
is granted.
H.
If required by the Board, that the area to be excavated
or a portion thereof be enclosed within a fence of such type, height and location
as the Board may specify.
I.
That the Board may establish a schedule to be filed with
the records of the special permit showing:
(1)
Limitations on the day of the week or the hours of the
day during which any work in a residence district, including any blasting,
may be performed on the lot.
(2)
The place and manner of disposal on the lot of excavated
material.
(3)
Requirements as to the control of dust, noise and lighting.
That the Board may require the applicant to submit periodic reports, prepared
by and bearing the seal of a land surveyor or engineer, showing the status
and progress of the excavation.
The Board of Aldermen, when granting a temporary special permit for
continuation or extension of an existing excavation or removal operation,
may adjust the standards and conditions of § 163-5 to alleviate
practical difficulties while maintaining the purpose and intent of this chapter.
[Amended 2-8-1990]
A.
A bimonthly report shall be submitted by a land surveyor
or professional engineer licensed in the State of Connecticut. The report
shall indicate the quantity of earth excavated and removed from the site.
The report shall be submitted to the regular meeting date.
B.
The inspection fee shall be part of the application fee
which shall be adjusted upon final completion of the excavation, grading,
loaming and seeding.
At the time of issuance of a temporary special permit under this chapter,
the applicant shall file with the Mayor of the city a surety bond, in form
and with surety acceptable to the Mayor in an amount approved by the Street
Commissioner and City Engineer, to guarantee completion of the excavation
or removal of material as approved. A copy of the maps and plans approved
by the Board of Aldermen and any conditions of approval shall be part of the
bond. The bond may be released by the Mayor only after the Board of Aldermen,
Street Commissioner and City Engineer have certified, in writing, that all
of the requirements of this chapter have been met.
