APPLICABLE ZONING REGULATIONS (not all-inclusive)

11.3.4 Special Permit Criteria

The applicant shall have the burden to prove: 

 - 11.3.4.A ... that the application is materially in conformance with all applicable provisions of … Site Design Requirements in Chapter 9 (see below). 

 - 11.3.4.B ... that transportation services would be adequate and that the uses would not cause traffic congestion or undue traffic generation that would have a deleterious effect on the welfare or safety of the motoring public. 

 - 11.3.4.C ... that the use(s) would not be noxious, offensive, or detrimental to the area by reason of odors, fumes, dust, noise, vibrations, appearance, or other similar reasons. 

 - 11.3.4.D ... that no adverse effect would result to the property values or historic features of the immediate neighborhood. 

 - 11.3.4.E ... that the character of the immediate neighborhood would be preserved in terms of scale, density, intensity of use, existing historic/natural assets/features and architectural design. 

- 113.4.F … that the proposed uses would not cause any unreasonable pollution, impairment or destruction of the air, water, and other natural resources of the state.  

- 113.4.G …  that all proposed uses and structures would be consistent with future development as identified and envisioned in these Regulations and the Ledyard Plan of Conservation and Development.  

CHAPTER 9: SITE DEVELOPMENT STANDARDS 

9.1 Site Design Requirements are intended to:  

 - protect public health, safety, welfare, property values, and natural resources.  

 - encourage site design and development that is efficient, effective and in keeping with the general architecture, rhythm, aesthetics, and existing development pattern/layout in the immediate neighborhood. 

9.2.C Performance Standards: Uses shall be designed to minimize any injury or nuisance to nearby premises by reason of noise, vibration, radiation, fire and explosive hazard, electromagnetic interference, humidity, heat, glare, and other physical impacts that may be caused by the use. 

9.2.C The following performance standards shall apply to all uses of land subject to Chapter 9 of these Regulations.  

 - 9.2.C.1 No dust, dirt, fly ash or smoke shall be emitted into the air so as to endanger the public health, safety, or general welfare, or to decrease the value or enjoyment of other property or to constitute an objectionable source of air pollution.  

 - 9.2.C.2 No offensive odors or noxious, toxic or corrosive fumes or gases shall be emitted into the air.  

 - 9.2.C.3 With the exception of time signals and emergency signals and noise necessarily involved in the construction or demolition of buildings or other structures, no noise which is unreasonable in volume, intermittence, frequency, or shrillness shall be transmitted beyond the boundaries of the lot on which it originates.  

 - 9.2.C.4 With the exception of vibration necessarily involved in the construction or demolition of buildings or other structures, no vibration shall be transmitted beyond the boundaries of the lot on which it originates.   

8.16 EXCAVATION (FILLING OR REMOVAL OF SOIL, GRAVEL, AND STONE)  

8.16.D. The purpose of these regulations is to insure the following:  

 - the landscape is not needlessly marred during and after operations, 

 - the work will not be a source of dust, pollution, and/or siltation, 

 - the site will not be generally characterized by unsightliness as evidenced by open pits, rubble, or other indications of completed digging operations which would have a deteriorating influence on nearby property values. 

8.16.I. The use of explosive devices and rock crushing equipment may be limited as a condition of the permit.  

8.16.J. The Commission may impose hours and days of operation as conditions of the permit.  

8.16.M.1 The applicant for a permit shall: Provide a completed application form indicating the nature and extent of the operation, the proposed land use with supporting data, a Site Plan in conformance with applicable criteria per Check Sheet in Appendix B (note, not all may apply), a plan for sediment and erosion control, and a Plan of Operations including a closure plan prepared and approved by a licensed Professional Engineer showing how the entire site will be closed/restored upon completion of the excavation. For phased operations, no permit shall be issued for a subsequent phase until the prior phase has been completed and a report provided by a licensed Professional Engineer. 

8.16.M.2 Applications that involve filling, excavating or relocation of topsoil, sand, gravel, clay, stone or other minerals shall also contain:  

     a. Applicable Site Plan information per check sheet 

     b. The proposed truck access to the excavation. 

     c. The hours of operation. 

     d. The machinery to be used on site. 

     e. The type of buildings or structures to be constructed on site. 

     f. Location of existing structures on the subject parcel and adjacent properties, including information regarding depth to the ground water table and a log of soil borings taken to the depth of the proposed excavation. 

     g. details for final grading and landscaping after completion of operations, and proper drainage of the area of the operation during and after completion of the work. 

8.16.N.3  For Excavations involving Special Permit approval, no removal shall take place within twenty-five (25) feet of a property line, nor within fifty (50) feet of a highway property line: such distances to be measured from the top of the bank. If removal area is within sight of a Town/State Road, the Commission may require additional screening as part of a Special Permit approval. The Commission may require a similar screening if isolation of adjacent property is deemed necessary. No operation shall take place closer than fifty (50) feet from any wetlands, watercourse or waterbody 

8.16.N.4 Upon completion of operations, no bank shall exceed a slope of one (1) foot vertical rise in three (3) feet of horizontal distance. The disturbed area shall be covered with a minimum of four (4) inches of topsoil and graded. On completion of grading, the area will be limed, fertilized, and seeded in accordance with the approved Plan. The site shall be maintained until the area is stabilized.

8.16.N.5 The active gravel removal area shall not exceed a total of ten (10) acres at any time.

8.16.N.7 ALL topsoil and subsoil shall be stripped from the operation area and stockpiled for use in site restoration.

COMPLETE LEDYARD ZONING REGULATIONS DATED 9/21/23 CAN BE FOUND HERE:

 https://www.ledyardct.org/DocumentCenter/View/848301/ZONING-REGULATIONS-Effective-September-21-2023