All subdivision plans proposing the disturbance of soil or vegetation in an area shall include a plan of measures to be taken to minimize soil erosion and sedimentation of water courses and drainage systems.
1. Activities requiring a certified erosion and sediment control plan.
A soil erosion and sediment control plan shall be submitted with an application for subdivision when the disturbed area of such development is cumulatively more than one-half (1/2) acre.
2. Exemptions
A single-family dwelling that is not part of a subdivision of land shall be exempt from these soil erosion and sediment control regulations.
3. Erosion and Sediment Control Plan
A soil erosion and sedimentation control plan shall contain proper provisions to adequately control accelerated erosion and sedimentation and reduce the danger from stormwater runoff on the proposed site based on the best available technology in order to be eligible for certification.
Alternative principles, methods and practice may be used with prior approval of the Commission. Said plan shall contain but not be limited to:
A. Narrative describing:
i. The project;
ii. The schedule of grading and construction activities on the land including start-up and completion dates, sequence of grading and construction activities, removal and stockpiling of topsoil; the sequence for installation and/or application if soil erosion and sediment control measures and the sequence for final stabilization of the project site;
iii. The design criteria for proposed soil erosion and sediment control measures and stormwater management facilities;
iv. The construction details for proposed soil erosion and sediment control measures and stormwater control facilities;
v. The installation and/or application procedures for proposed soil erosion and sediment control measures and stormwater management facilities, and person responsible for maintenance of these measures during construction;
vi. The operations and maintenance program for proposed soil erosion and sediment control measures and stormwater control facilities, as well as person and/or organization responsible for maintenance or permanent measures when project is completed.
B. A site plan map, at a minimum scale of 1" = 40' or at a scale acceptable to the Commission, showing:
i. The location of the proposed project and adjacent properties;
ii. The existing and proposed topography, including soil types, wetlands, water courses and water bodies;
iii. Any existing structures on the project site;
iv. Proposed area alterations, including cleared, excavated, filled or graded areas and proposed structures, utilities, roads and new property lines;
v. Location and design details for all proposed soil erosion and sediment control measures and stormwater management facilities;
vi. The sequence of grading and construction activities;
vii. The sequence for installation and/or application of soil erosion and sediment control measures;
viii. The sequence for final stabilization of the development site.
C. Any other information deemed necessary and appropriate by the applicant or requested by the Commission or its designated agent.
4. Minimum acceptable Standards
A. Plans for soil erosion and sediment control shall be developed in accordance with these Regulations using principles as outlined in the Connecticut Guidelines for Soil Erosion and Sediment Control (2002), as amended. Soil erosion and sediment control plans 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 are those in the Connecticut Guidelines for Soil Erosion and Sediment Control (2002), as amended. The Commission may grant exceptions when requested by the applicant if they are based on technically sound reasons and accompanied by technically adequate alternatives.
C. The appropriate method from Chapter 9 of the Connecticut Guidelines for Soil Erosion and Sediment Control (2002), as amended, shall be used in determining peak flow rates and volumes of runoff unless an alternative method is approved by the Commission.
5. Issuance of Denial of Certification
A. The Planning and Zoning Commission, or its agent(s) shall either certify that the Soil Erosion and Sediment Control Plan, as filed complies with the requirements and objectives of this regulation or deny certification when the development proposal does not comply with these Regulations.
B. Nothing in these regulations shall be construed as extending the time limits for approval of any application under Chapters 124, 124A, or 126 of the Connecticut General Statutes, as amended.
C. Prior to certification, any plan submitted to the Town may be reviewed by the County Soil and Water Conservation District which may make recommendation concerning such plan, provided such review shall be completed within the thirty (30) days of the receipt of such plan.
D. The Commission may forward a copy of the development proposal to the Inland Wetlands and Water Courses Agency of the Town of East Hampton or consultant for review and comment.
6. Conditions Relating to Soil Erosion and Sedimentation Control
A. The estimated costs of measures to control soil erosion and sedimentation, as specified in the certified plan, may be covered in a performance bond or other assurance acceptable to the Commission in accordance with the provisions specified under Section X of the Regulations.
B. Site development shall not begin unless the soil erosion and sediment control plan is certified and those control measures and facilities in the plan scheduled for installation prior to site development are installed and functional.
C. Planned soil erosion and sediment control measures and facilities shall be installed as scheduled according to the certified plan.
D. All control measures and facilities shall be maintained in effective condition to ensure compliance with the certified plan.
7. Inspections shall be made by the Commission or its designated agent during development to ensure compliance with the certified plan and that control measures and facilities are properly performed or installed and maintained. The Commission may require the permittee to verify through progress reports that soil erosion and sediment control measures have been performed or installed according to the certified plan and are being operated and maintained.
8. Enforcement
Enforcement of the soil erosion and sediment control regulations shall be the responsibility of the Planning and Zoning Commission or its designated agent. Failure to properly install and/or maintain any erosion and sediment control measures may result in the issuance of a "stop work order" until the problem is satisfactorily corrected.
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