SECTION 44 - GRADING, EXCAVATION, REMOVAL OR DEPOSIT OF EARTH

MATERIALS AND RELATED ACTIVITIES

44.1     Purpose: The purpose of this section is to regulate earth-moving, site-clearing and stockpiling activities so as to:

Prevent injury to adjoining properties resulting from erosion, transport of sediment and increase in overland flow of storm drainage;

Prevent creation or exacerbation of safety hazards such as sharp declivities, cliffs and unstable slopes;

Preserve distinctive natural features such as rock outcrops and ridge lines; and

Protect natural vegetative cover essential to maintenance of soil stability, micro-climate moderation and property values.

Activities which are covered by these regulations are: grading; deposit of earth materials, including filling and stockpiling; excavation of earth materials; blasting; processing earth material in conjunction with a contractor’s business; clear-cutting; and any other earth-moving or land-clearing activity.

44.2     General: All activities listed in Section 44.1 require a Special Exception Permit in accordance with the provisions of this section and the procedure described in Section 32. Any Subdivision, Site Plan, or Special Exception involving activities regulated by Section 44 shall be submitted in tandem with a Special Exception application pursuant to Section 44.

44.3     Procedure: The Special Use Permit procedure described in Section 32 shall be followed.

44.4     Exclusions: Provided no activity takes place within 25 feet of any critical coastal resource or within 50 feet of any inland wetland, the provisions of this section shall not apply to the following:

44.4.1  Deposit or removal of earth materials or grading involving movement of not more than 200 cubic yards per acre of earth materials or more than 100 cubic yards on any lot smaller than one half acre in any 12 month period.

44.4.2  Deposit or removal of earth materials or grading reasonably necessary in connection with the construction or alteration of a building or other structure permitted “as of right” (indicated by “P” in Schedule A) provided that the finished grades will not differ from existing grades by more than four (4) feet and provided that a Certificate of Zoning Compliance and Building Permit have been issued. The Zoning Enforcement Officer may require a grading plan to determine eligibility for this exclusion.

44.4.3  The normal maintenance and repair of roads and driveways.

44.4.4  A sanitary landfill operation of the Town of Branford.

44.4.5  Stockpiling of street maintenance and landscaping material by the Town of Branford.

44.4.6  Installation or repair of a septic system subject to approval by East Shore District Health Department and the Town Engineer.

44.5     Application: Applications for a Special Use for activities covered by Section 44 shall be in a form prescribed by the Commission and shall be considered in accordance with the procedures adopted by the Commission. Failure to submit all information required by these regulations shall be deemed sufficient reason for denial of application. An application shall include:

44.5.1  Statement of Use: Four (4) copies of a written statement describing the proposed activity in sufficient detail to determine compliance with the permitted use provisions of Section 24 and the performance standards of Section 41. The statement shall also include the time period proposed for completion of all work; the hours and days of the week during which the activity will take place; the total volume and type of materials to be deposited, removed, or graded; the number of trucks and other equipment which will be involved; and the proposed truck access through the surrounding neighborhood.

44.5.2  Site Plan Map: Four (4) copies of an accurate scale plan, prepared and sealed by the appropriate licensed design professionals as required by State Statutes, at a minimum scale of one (1) inch equals forty (40) feet. Said site plan shall illustrate the proposed development of the property and shall include the following information:

a.       The boundaries of the property.

b.      Location, width and purpose of all existing and proposed easements and rights-of-way on the property.

c.       Existing field verified contours and proposed contours at intervals of two feet referred to National Geodetic Vertical Datum (NGVD), spot elevations at key locations, and area(s) where earth materials are to be stockpiled.

d.      Location of all existing wooded areas, watercourses, wetlands, rock outcrops, stone walls and other significant physical features and, where applicable, the mean high water line, wetlands boundary, 100-year flood line, floodway boundary, critical coastal resources, and areas of 25% or greater slope. Inland Wetlands shall be field located by a certified soils scientist. All areas which cannot be included in minimum lot area calculations per Sect. 6.32 shall be clearly indicated as such.

e.       Location of existing buildings, structures, signs, fences, walls, paved areas, curbs, curbcuts, edges-of-pavement, sidewalks, light poles, utility poles, catch basins, manholes, hydrants and other similar physical features.

f.       Contours on adjacent properties for a distance of 100 feet from the property line.

g.      Existing and proposed drainage on the site.

h.      Proposed vehicular access from a street.

i.        Location of any processing equipment.

j.        Erosion and sediment control plan in accordance with Section 46.

44.5.3  Prior Approvals: Where applicable, written approvals from the following agencies shall be submitted:

a.       Branford Inland Wetlands Commission;

b.      Branford Fire Marshall;

c.       Connecticut Department of Environmental Protection;

d.      Army Corps of Engineers.

44.5.4  Other: Upon written request by the applicant, identifying specific sections of the application requirements from which he requests exemption and reasons justifying such request, the Commission, may by resolution waive the required submission of all or part of the information required under Paragraph 44.5 if the Commission finds that the information is not necessary in order to decide on the application. The Commission may also request the submission of such additional information that it deems necessary to decide on the application.

44.5.5  Application Fee: An Application Fee in an amount determined by the Commission and posted in the Planning & Zoning Office.

44.6     Standards: All proposed activities covered by these Regulations shall comply with the following standards:

Upon completion of blasting, filling, excavation or construction of retaining wall the applicant shall furnish a statement from a licensed professional engineer that the finished slope is stable and has been constructed in accord with the approved plan. No Certificate of Zoning Compliance shall be issued until this requirement has been satisfied to the satisfaction of the Zoning Enforcement Officer.

44.6.1  Earth Slopes: Finished earth slopes resulting from excavation, removal, or deposit shall not exceed one foot of rise for three feet of horizontal distance or such lesser slope as the Commission may specify as necessary for the public health and safety, soil stability, and for the reasonable use of the property after completion of the excavation or deposit.

44.6.2 Rock Slopes: The Commission may approve finished rock slopes, at slopes no greater than five feet rise for one foot of horizontal distance, provided that the following conditions are met:

1.      The Commission makes a finding that the requirements of Section 44.1 are met;

2.      The top of any slope greater than four feet in height is protected by a fence at least five feet in height of a quality acceptable to the Commission, to prevent injury to the general public;

3.      No excavation or blasting of a rock slope shall be permitted within 50 feet of any side or rear property line. (The Commission may specify a greater distance if necessary to meet the requirements of Section 44.1)

4.      All blasting shall be conducted in a manner acceptable to the Branford Fire Marshall.

Upon completion of blasting the applicant shall furnish a statement from a licensed professional engineer that the finished slope is stable and has been constructed in accord with the approved plan.

44.6.3  Retaining Walls: The Commission may approve retaining walls provided that the following conditions are met:

1.      No retaining wall shall exceed a height of eight (8) feet.

2.      No retaining wall shall be permitted within fifteen feet of a side or rear property line or Residential District Boundary line.

3.      No retaining wall shall be located less than 15 feet from a streetline except when necessary to provide the minimum sightline required for safety, sidewalks, bus stops or other pedestrian amenities.

4.      When used to create terraces, retaining walls should be a minimum of ten feet apart and the terrace area between them shall not exceed a slope of one foot or rise for three feet of horizontal distance.

5.      The exposed face of a retaining wall shall be of a design and material which will enhance the attractiveness of the site and shall be subject to approval by the Commission. Smooth faced concrete is not permitted.

6.      The top of any retaining wall greater than four feet in height shall be protected by a fence at least four feet in height of a quality and construction acceptable to the Commission to prevent injury to the general public.

7.      All retaining walls shall be designed by a licensed professional engineer and plans submitted shall bear the signature and live seal of the engineer.

8.      All retaining walls shall be set back a minimum of six feet from any parking area to allow for protection of the wall, car overhang of curb, snow shelf and landscaping.

9.      All drainage at the base of the wall, including flow from weep holes, shall be connected to storm drainage and not allowed to traverse parking areas, drives or adjacent roadways.

10.  Landscaping shall be provided at the top and base of walls and on terraces to blend the wall with the surrounding site.

44.6.4  Condition of Site During Activity: Slopes shall be maintained during construction so as not to exceed one foot rise for two feet of horizontal distance whenever construction is suspended for more than two weeks. There shall be no sharp declivities, slopes, pits, or depressions and proper drainage shall be provided to avoid stagnant water, soil erosion and water pollution. The Commission may require that the entire construction area be fenced if it finds that it is necessary to ensure public safety.

44.6.5  Restoration of Site: Topsoil removed shall be stockpiled on the site and upon completion of excavation or filling activities, shall be spread uniformly to a depth of at least four inches over all disturbed surface. All debris shall be removed from the site and all disturbed areas shall be planted with State Conservation Mix or equivalent ground cover. Excess topsoil may be removed from the site upon submission of a statement from a licensed professional engineer or landscape architect that sufficient topsoil remains to accomplish the requirements of this section.

44.6.6  Drainage: No drainage from the site shall cause flooding, erosion or other damage to adjacent properties, roadways, and/or storm drainage systems. The Commission may require the applicant to obtain a drainage easement prior to discharge of water to any adjacent property.

44.6.7  Fixed Machinery: The Commission may approve the use of fixed machinery in connection with earthmoving and site preparation activities provided that all of the performance standards of Section 41 and the following standards are met:

1.      Stone-crushing machinery shall be located a minimum of 100 feet from any property line and 200 feet from any residential district boundary when located in an IG-1,  IG-2,       CP or BL district and a minimum of 200 feet from any property line when located in a BC, BR, MF, R-1, R-2, R-3, R-4, or R-5 district.

2.      Loam-screening machinery shall be located a minimum of 50 feet from any property line and 100 feet from any residential district boundary when located in an 16-i, 16-2, CP or BL district and a minimum of 100 feet from any property line when located in a BC, BR, MF, R-1, R-2, R-3, R-4, or R-5 district.

3.      Other fixed machinery may be approved by the Commission provided it finds that use of such machinery meets the performance standards of Section 41 and appropriate setback distances are maintained.

4.      The Commission may require such fencing, shielding, dust control and/or other measures as necessary to protect nearby properties from hazards and nuisance.

44.6.8  Adjoining Properties: There shall be no excavation or removal within the area between the property line and the building setback line unless such activity would result in finished grades at or above the elevation of the adjoining street or lot. There shall be no deposition or filling within this same area unless such activity would result in finished grades at or below the elevation of the adjoining street or lot. The Commission may waive these requirements if, 1) a joint application with the adjoining property owner is filed or 2) if such condition is necessitated by installation of a septic system or access drive. The extent of such waiver shall be limited to 1) the area adjoining the joint property line or 2) the immediate vicinity of the septic system or access drive, as applicable.

44.6.9  Access: Truck access to the site shall be so arranged as to minimize traffic hazards and nuisance to surrounding properties. Such access on the site shall be maintained so as to prevent wind and water erosion. Appropriate measures shall be shown on the Erosion and Sediment Control Plan.

44.6.10  Hours of Operation: Within and adjacent to residential areas no blasting or operation of heavy vehicles or machinery shall take place before 7:30 A.M. or after 7:30 P.M. Monday through Saturday or at anytime on Sundays. The Commission may specify additional limitations if such are warranted in order to ensure reasonable use and enjoyment of surrounding properties.

44.6.11  Disposal of Excavated Material: The total volume of earth materials to be removed from the site and its destination, if known, shall be stated in the application. Deposition of such materials on any site(s) within the Town of Branford shall be carried out in conformance with these regulations. If earth materials in excess of 100 cubic yards are to be transported to a location outside of the Town of Branford, it is the applicant’s responsibility to secure proper authorization for disposal at the ultimate location.

44.6.12  Fill Materials: Land clearing, construction and demolition debris may be used as fill provided that the following requirements are met:

1.      No constituent part of such fill shall exceed one cubic yard in volume;

2.      No materials shall be used as fill which pose a fire or pollution hazard;

3.      No materials shall be used as fill which will impair the future use of the site for purposes normally allowed in the zoning district;

4.      The location of such material on the site shall be shown on an “as built” plan to be filed with the Planning and Zoning Commission and noted on the Land Records of the Town of Branford prior to release of bond.

The provisions of this section shall in no way be construed to authorize any activity regulated under Chapter 446d of the Connecticut General Statutes or Chapter 213 of the Branford Town Ordinances.

44.6.13  Dredge Spoils: The Commission may approve land disposal of dredge spoils provided that all requisite State and Federal permits have been approved. All methods for retainage of dredged materials shall be designed by a licensed professional engineer. After completion a statement from the design engineer that the retainage structures have been completed in substantial conformance with submitted plans shall be submitted to the Commission prior to release of bond.

44.6.14  Stockpiles: No stockpile of earth materials shall be located in a floodway (designated on the National Flood Insurance Rate Map) or within 25 feet of any critical coastal resource or within 50 feet of an inland wetland. (Any activity within the designated Flood Plain District also requires a permit from the Town Engineer in accordance with the Branford Flood Plain Ordinance). Appropriate dust and erosion controls shall be clearly described and shall be maintained for the entire duration of the stockpile. Stockpiling of a variety of earth materials on a continuing basis as part of a business may be approved by the Commission as part of a site plan or special use application for the primary use on the site (e.g. contractor ‘5 yard or landscaping business), provided that:

1.      The maximum volume (or footprint and height), location on the site, and type(s) of materials to be stockpiled are explicitly described in the application and;

2.      All other standards and requirements of these regulations are met.

The Commission reserves the right to review continuing stockpiles on a yearly basis and require submission of a new site plan or special use application if the actual circumstances differ from and/or the volume of material stockpiled exceeds what was depicted on the original application.

44.7     Alteration of Conditions: The Commission may adjust any standards or conditions provided in Section 44.6, if in its judgment such adjustment is necessary to maintain the purpose and intent of this Section.

44.8     Additional Conditions: The Commission may establish such additional standards as it deems necessary to satisfy the purposes of these Regulations, including, but not limited to the following: a) limitations on the day of the week or the hours of the day during which any work, including any blasting, may be performed on the lot; b) limitations as to size and type of machinery to be used on the lot; c) limitations on the place and manner of disposal of excavated material on the lot; d) requirements as to the control of dust, noise, and lighting; and e) limitations on the type of fill material permitted for deposit.

44.9     Periodic Reports: The Commission may require the permittee to submit periodic reports prepared by and bearing the seal of a design professional licensed in the State of Connecticut showing the status and progress of the permitted activity.

44.10   Final As-Built Plan: Upon completion of any activity authorized by Special Use Permit in accordance with the requirements of Section 44, a final as-built plan, prepared and sealed by a licensed design professional and in sufficient detail to demonstrate compliance with the approved permit, shall be submitted to the Town Engineer for approval. No bond shall be returned until such as-built plan has been approved.

44.11   Maintenance of Ponds: When it is found necessary to maintain existing ponds, lakes, or other bodies of fresh water to prevent eutrofication or to remove silting, and said maintenance will not change the original basic contours, depth, or periphery of the body of water, such work may be done without a Special Permit provided:

1.      Approval is granted by the Branford Inland Wetlands Commission.

2.      The applicant submits a written report to the Commission stating:

a) the area to be maintained;

b) the reason for the maintenance;

c) the total amount and type of material to be removed and where it is to be placed;

d) the proposed dates of the operation;

e) the name of the contractor responsible; and

f) the hours of operation.

3.      The Commission, upon review of the above report, finds that the work is necessary and does not fall within the purview of an earth removal operation.

4.      The Commission approves the above report and so notifies the applicant in writing.

If the Commission finds that said maintenance is an earth removal operation, said work shall only be done in accordance with the requirements of Sections 31 and 44 of these Regulations.

44.12   Duration of Permit: the Commission may grant a Special Permit for a period of time, not exceeding one year if it finds that such activity is in conformance with standards described in Section 44 and the performance standards of Section 41 of these Regulations.

44.13   Renewal: A Special Permit may be renewed by the Commission for a period not to exceed one year in accordance with the procedures and standards of these Regulations. Non-compliance with the conditions of the original approval shall be deemed sufficient cause for denial of a renewal.

44.14   Bond: The applicant shall file with the Commission a performance bond, in form and amount and with surety acceptable to the Commission, to guarantee the faithful performance of the work to be undertaken in accordance with the terms of the Special Permit. In addition, the Commission may require, when the type and size of the removal operation warrants it, a bond in form and amount and with surety acceptable to the Board of Selectmen to protect the Town from any damage caused to Town roads, bridges, or drainage facilities as a result of the removal operation.