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 by the Commission
in connection with approval of a subdivision under the Subdivision Regulations
of the City of Derby 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 material 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 control 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 stormwater 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 Zoning Officer. 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 start and completion dates; sequence of grading and construction
activities; sequence for installation and/or application of soil erosion and
sediment control measures; and sequence for final stabilization of the project
site;
(3)
The design criteria for proposed soil erosion and sediment
control measures and stormwater management facilities;
(4)
The construction details for proposed soil erosion and
sediment control measures and stormwater management facilities;
(5)
The installation and/or application procedures for proposed
soil erosion and sediment control measures and stormwater management facilities;
and
(6)
The operations and maintenance program for proposed soil
erosion and sediment control measures and stormwater management facilities.
B.
Map. A site plan map at a scale of one inch equals 50
feet 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, watercourses 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 stormwater 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;
(8)
The sequence for final stabilization of the development
site; and
(9)
The name, address and telephone number of the person
designated by the applicant for the use, building, other structure or site
development to be responsible for supervision of installation and completion
of the control plan.
C.
Any other information deemed necessary and appropriate
by the applicant or requested by the Zoning Officer or the City Engineer 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 Zoning Officer, the City Engineer or the New Haven
County Soil and Water Conservation District 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 Zoning Officer or the City Engineer.
The soil erosion and sediment control plan shall be in effect when certified
as follows:
A.
The Zoning Officer or the City Engineer, 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 exception or other action by
the Commission and otherwise shall be incorporated in the approval of a zoning
permit by the Zoning Officer.
B.
The Zoning Officer shall coordinate certification of
the control plan with related actions of other agencies, such as, but not
limited to, the Planning Commission and the Inland Wetlands 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 cash or savings account
bond in a form acceptable to and in an amount deemed sufficient by the Commission
in connection with its actions under these regulations or otherwise acceptable
to and deemed sufficient by the Zoning Officer. It is not intended, however,
that such bond duplicate similar bonds required by other agencies.
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 and orders as provided for administration and
enforcement of these regulations. The Zoning 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.
