Date: Fri 14-Mar-1997

Publication: Bee

Author: ANDYG

Quick Words:

P&Z-regulation-changes

Full Text:

P&Z Seeks Public Comment On Regulation Revisions

B Y A NDREW G OROSKO

The Planning and Zoning Commission (P&Z) has proposed tighter rules to limit

the disruption and damage caused by earth moving during the construction of

residential subdivisions.

Residents will have an opportunity to comment on the 17 pages of proposed

regulation changes at public hearings starting at 8 pm on Thursday, March 20,

at the Newtown Middle School auditorium. A P&Z business meeting will precede

the hearings at 7:30 pm.

The P&Z's proposed rule changes on earth moving follow public calls for

tighter regulations on subdivision construction.

The impetus for limiting the volume and extent of subdivision earth moving

stems largely from residents living near Whispering Pines, PSD Partnership's

13-lot residential subdivision now under construction on 26 acres off Pine

Street, Cherry Street, and Narragansett Trail in Sandy Hook.

Whispering Pines area residents strongly objected last year after the town

gave the developers a permit to remove 7,770 cubic yards of earth materials

from one building lot.

The P&Z approved a third version of Whispering Pines earlier this year. It

involves removing about 37,500 cubic yards of earth materials from the

development site. An earlier 19-lot version of the project sought to remove

50,000 cubic yards of material. Opponents of Whispering Pines have charged the

scale of the project indicates it amounts to a sand and gravel mining

operation preceding a housing development.

Permit Procedure

The P&Z's proposed regulations would create two classes of permits - a

construction permit and a mining permit. Such permits would be

non-transferable.

Earth materials are defined as soil, loam, sand, gravel, clay, rock, and other

earth-based materials.

No more than 200 cubic yards of earth materials could be removed from a

residential building lot, other than the amount of material that must be

removed for a building foundation, septic system, and, if applicable, a water

storage tank for fire suppression, or a drainage basin.

No more than 200 cubic yards of earth materials could be added to such a

building lot. In cases where more material than 200 cubic yards must be placed

on a lot to get a septic system to function properly, the total allowable

amount would be 400 cubic yards.

The proposed rules state that no topsoil shall be stripped from the earth's

surface except from the smallest area possible. Stripped topsoil would be

stockpiled and used to cover the disturbed area. No topsoil could be removed

from the premises.

To specify the extent of earth material that is moved, a proposed P&Z

regulation reads, "An exact computation in cubic yards of the amount of earth

material which will be excavated, removed, graded, or added to the site

prepared by the applicant's licensed professional engineer" will be provided

to the P&Z. Such computations would have to be supported by topographical

maps.

The applicant would have to provide information on the extent and schedule of

earth moving, as well as data on site restoration including regrading and

planting.

Construction permits would be valid for one year and could be extended for up

to one year provided that the applicant meets all applicable rules.

Upon request, the applicant would provide a progress report to the zoning

enforcement officer on the extent of excavation, removal, grading or filling

of earth materials.

If the zoning enforcement officer determines the applicant's performance

violates applicable rules, the construction permit would be revoked.

Mining

The P&Z also proposes a range of regulations for sand-and-gravel mining

permits.

The proposed rules require provisions for: adequate barricades or fences to be

erected and maintained around a surface mine; preventing the accumulation of

ground or surface water; sound muffling; dust control; highway warning signs;

and permanent guard fencing around ponds during and after excavation.

The rules would require that areas which have been excavated or graded to be

covered with at least six inches of topsoil, seeded, or covered with an

appropriate ground cover and properly mulched to ensure stability.

The regulations also would require that: trees outside the excavated area be

protected from damage; special police or flag men be stationed at the site as

deemed necessary by the P&Z; and any topsoil stripped in connection with the

mining permit be stockpiled on the site and used to cover the disturbed areas

following excavation. No topsoil could be removed from the premises.

Sand and gravel mining would only be allowed from 7 am to 6 pm Mondays through

Fridays. Mining would not be allowed on legal holidays.

Violators of the regulations could be fined up to $1,000 per day for each

offense.

Proposed zoning regulations provide that no pond constructed under the terms

of a special zoning permit shall be a ruse for a mining operation.

Driveways and Roads

The P&Z also is proposing some changes to its subdivision regulations

concerning driveway and road construction.

The proposed rules would limit the extent of excavation, removal, regrading

and filling of land for street construction and drainage structure

installation. The grading of cut-and-fill slopes and rock cuts would be

limited.

Under the proposed rules, all lots must provide for off-street parking. The

maximum grade for any driveway would be 10 percent, as compared to the current

15 percent. Parking areas would be limited to a 5 percent grade.

The maximum grade for a driveway where it meets a street would be 5 percent.

The 5 percent grade would have to be maintained for at least 45 feet back from

the center line of the street.

Driveways would intersect streets at generally right angles. All driveways

would be built before any buildings are constructed on lots.

Driveways serving single-family houses would be at least 10 feet wide for

their entire length. Driveways would be designed to allow safe passage of

emergency vehicles. Driveways would be designed to maintain the natural and

historic features of a lot, including the land's contours, mature trees, stone

walls, and archaeological artifacts.

The maximum allowable grade of town streets is the subject of a town

ordinance. The Legislative Council has the authority to revise that road

ordinance.

Copies of the P&Z's 17 pages of proposed land use rule changes are available

for public review at the town clerk's office in Edmond Town Hall from 8 am to

4:30 pm, Mondays through Fridays.

Elizabeth Stocker, the P&Z's land use adviser, has said she hopes the public

provides the P&Z with constructive guidance in revising the land use rules to

better control local growth.