Zoning Regulations Amendments through ... - Town of Vernon

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TOWN OF VERNON ZONING REGULATIONS 15.1 Provisions: SECTION 15 - REMOVAL OF EARTH, SAND, AND GRAVEL 15.1.1 There shall be no grading, fill, excavation or removal of earth, loam, topsoil, sand, gravel, clay peat, humus or stone for sale or for use other than on the premises for which such grading, fill, excavation or removal shall be made. The following activities are excluded from obtaining a Special Permit from the Planning & Zoning Commission provided the following conditions are met: 1) the amount of material involved does not exceed fifty (50) cubic yards and 2) no more than one half (1/2) acre of land is disturbed. 15.1.1.1 Bona fide construction or alteration of a structure for which a building permit has been issued. 15.1.1.2 The landscaping of an existing structure. 15.1.1.3 The construction of a water hole for fire protection. 15.1.1.4 The construction of a drainage field, septic tank or dry well. 15.1.1.5 The construction of a pond for agriculture or conservation purposes. 15.1.1.6 A residentially zone lot which has on it a primary residential structure. 15.1.2. In all cases other than those referred to above, the Planning & Zoning commission may grant Special Permit approval for the removal, deposit, fill, excavation or grading of earth, loam, topsoil, sand, gravel, clay, stone, peat or humus. The maps and plans shall include the following: 15.1.2.1 The area to be excavated. 15.1.2.2 Existing contour lines on the premises and final contour lines resulting from the intended excavation or removal shown on a map drawn to a scale not more than forty (40) feet to the inch and with a contour interval not to exceed five (5) feet. 15.1.2.3 Existing and proposed drainage on the premises. 15.1.2.4 Surrounding properties and streets. 15.1.2.5 Proposed truck access to the property. 10/02/2006 141
TOWN OF VERNON ZONING REGULATIONS 15.1.2.6 Proposed commencement and completion data. 15.1.2.7 Purpose of excavation. 15.1.3. The Commission may grant permission for a limited period of time not exceeding five years if it shall find that such excavation or removal will not result in the creation of any sharp declivities, pits, or depressions, soil erosion or fertility problems, permanently depressed land values, or create any drainage or sewerage problems or other conditions which would impair the use of the property in accordance with the zoning regulations and that such excavation or removal will be in harmony with the general purpose and intent of the zoning regulations. Permission shall be granted only upon the following conditions: 15.1.3.1 That the premises shall be filled or excavated and graded in conformity with the proposed contour plans as approved. 15.1.3.2 That slopes shall not exceed thirty (30) degrees to the horizontal. 15.1.3.3 That only such equipment as is necessary for the digging, leveling, and carting away of excavated material shall be utilized at or maintained on the site. Further, it is the specific intention of the Commission to permit on site only equipment that is used in the incidental processing of excavated material for the purposes of trucking off-site. 15.1.3.4 That there will be no sharp declivities, pits, or depressions and that proper drainage will be provided to avoid stagnant water and sewerage problems. 15.1.3.5 That after fill, excavation or removal, the premises shall be cleared of debris. 15.1.3.6 That top layer of arable soil for a depth of at least four (4) inches shall be set aside and retained on the premises and shall be respread over the premises and appropriately seeded upon completion of the excavation or removed, in accordance with approved contour lines. 15.1.3.7 That no excavation shall be made nearer to the side and rear property lines than the distance of twenty (20) feet in all residential zones, the measurements to be taken to the top of slopes. 10/02/2006 142
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