Removal of Earth Products Bond - Killingworth, CT in Connecticut

Brief Summary

In Killingworth no earth can leave the site until the Planning and Zoning Commission's bond is posted. Having the surety ready when the Commission sets the amount gets the trucks moving sooner.

The Town of Killingworth requires one or more performance bonds approved by the Planning and Zoning Commission before any removal of earth products begins under Article XX of the Zoning Regulations, Chapter 500 of the Town Code. The Commission sets the form, amount and duration, reviews them each year, and the bond stays in effect until the removal operation ends. Small removals and foundation excavation are permitted without this process.

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How to Apply for a Removal of Earth Products Bond:

• Confirm the removal is not a permitted removal under Section 500-120, such as a foundation dig or up to 500 cubic yards per lot per year with notice.
• Obtain Planning and Zoning Commission approval for the removal operation.
• Get the bond amount, form and duration set by the Commission.
• Complete the surety application and review the quoted premium.
• Post the executed bond with the Town before any removal begins.
• Keep the bond in force until the operation is concluded and file the annual progress map on each anniversary.

Detailed Information About the Connecticut Removal of Earth Products Bond:

Check whether you need a permit at all

Section 500-120 lists removals that are permitted without going through Article XX. These include excavation to the extent necessary for the foundation of a building or swimming pool, earth products that are not indigenous to the premises and are in manufactured or processed form, and private removal of up to 500 cubic yards on any lot in one calendar year, with prior written notice to the Zoning Enforcement Officer. Anything beyond these needs Commission approval and a bond.

How the bond works

Under Section 500-122, the Commission may require one or more performance bonds, and no removal may start until the required bonds are posted. The bonds are in the form, amount and duration the Commission determines, and the amount and duration are subject to annual review. The Commission may also accept a personal performance bond secured by cash in a savings account in a Connecticut bank, or a nonrevocable letter of credit. Section 500-121K requires the bond to be posted and kept in effect until the removal operation is concluded.

Time limits and annual reporting

Removal and restoration must be completed within the time the Commission specifies, and no more than five years, under Section 500-121L. On each anniversary of approval, the permit holder files a map prepared by a surveyor showing progress and compliance, under Section 500-121P. Because the Commission reviews the bond each year, the amount can change during the life of the operation.

The regulations do not set a fixed dollar figure. Confirm the amount and bond form with the Killingworth Planning and Zoning Commission before the bond is issued.

Eligibility and Requirements for a Connecticut Removal of Earth Products Bond:

• Town of Killingworth named as obligee, with the bond approved by the Planning and Zoning Commission.
• Amount, form and duration as determined by the Commission and subject to annual review.
• Alternatives the Commission may accept include a cash secured personal bond in a Connecticut bank or a nonrevocable letter of credit.
• Removal and restoration completed within the Commission's deadline, no more than five years.

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