The purpose of this chapter is to protect the
health, safety and general welfare of the residents of the Town of
Wheatfield from all adverse impacts caused by excavations and other
soil disturbances. The Town Board also recognizes earth with its minerals
as a valuable and recoverable resource having commercial value and
affirms the right of the Town to control the proper excavation upon
assurance of adequate restoration.
These regulations shall be interpreted to foster:
A. The orderly operation of all excavations and soil
disturbances, including development of domestic mineral resources,
according to sound environmental practices.
B. The restoration of affected lands.
C. The retention of the taxable value of property.
D. The retention of natural beauty and aesthetic values
in the affected areas.
E. The preservation of the quality of life for Wheatfield
residents.
F. The retention of topsoil within the Town of Wheatfield.
As used in this chapter, the following terms
shall have the meanings indicated:
APPLICANT
That person making application for a permit and who is responsible
for fulfilling the requirements for the restoration plan and all rules
and regulations promulgated hereunder. If the applicant is other than
the property owner, written proof must be presented showing authorization
from the property owner to the applicant.
APPURTENANT ACTIVITIES
All on-site operations involved in the treatment, processing
or further fabrication of soil, sand, gravel or natural deposits,
including washing, sedimentation ponds, grading, sorting, grinding,
concrete batching plants, asphalt mixing plants and aggregate dryers.
BASIN
An excavated area designed to hold surface water.
BUFFER
Trees, hills, fences, berms or other natural or artificial
features which are located so as to conceal or separate the excavation
site and related activities from other land uses and to reduce the
negative effects on these land uses of noise, glare, dust, visual
ugliness and other factors associated with the excavation site and
related activities.
EXCAVATION
A cavity, hole, mine, pit or quarry on land formed by digging,
for the purpose of extracting clay, stone, gravel, sand, shale or
other natural minerals or the topsoil therefrom.
FARMING
The usual farming methods of growing crops or dairy farming
and shall not include any other form of farming.
MINE
Any pit or underground workings from which any mineral is
produced.
MINERAL
Aggregate, clay, gravel, sand, shale, stone or any other
solid material of commercial value found in or on the earth.
OPERATOR
Any owner, lessee or other person who operates, controls
or supervises the operation.
OWNER
That person having title to the tract of land.
PERSON
Any individual, public or private corporation, political
subdivision, government agency, partnership, association, trust, estate
or any other legal entity.
RESTORATION
The reparation to an environmentally acceptable natural state
of an area which has undergone physical change due to excavation and
related activities.
TOPSOIL
Surface earth, including the organic layer in which most
plants have their roots.
TOWN BOARD
The Town Board of the Town of Wheatfield.
The following operations and uses are hereby
excepted from the application of this chapter:
A. Excavation incident to construction of a driveway, walk, a wall or building or part thereof or accessory thereto or as permitted in Town of Wheatfield Chapter
200, Zoning.
B. Removal of topsoil, gravel or fill from one part of
a premises to another part of the same premises incident to the construction
of a building or other improvement of land or incident to farming
or landscaping. However, not excepted from the operation of this chapter
shall be any removal of topsoil gravel or fill resulting from the
excavation for a pond in excess of 1/2 acre in size.
[Amended 7-18-1988 by L.L. No. 2-1988]
C. Removal of excess stones, gravel, sand or topsoil from the area of an approved subdivision, provided that such removal is in accordance with plans and a permit approved by the Town Board after review by the Town Planning Board, subject to site plan review procedures in the Town of Wheatfield Chapter
200, Zoning.
D. Construction of privately owned water and sewerage
systems.
E. Typical excavations for public safety purposes.
In approving or denying an excavation permit,
the standards and considerations taken into account include, but are
not be limited to, the following:
A. Whether the excavations and proposed restoration plan
are in accord with the intent of the Town Comprehensive Plan.
B. Whether they will result in the creation of pits or
holes which may be hazardous or dangerous and eventually permanent
in nature.
C. Whether they will cause soil erosion or the depletion
of vegetation.
D. Whether they will render the land unproductive or
unsuitable for agricultural or developmental purposes.
E. Whether they will impair the aesthetic or natural
environment of the excavation area or surrounding area.
F. Whether they will affect the character of surrounding
land use.
G. Whether they will create excessive traffic or impair
the quality of the existing and proposed thoroughfare facilities,
community facilities and drainage.
H. Whether they will affect the control of nuisances.
I. Whether the areas excavated can be effectively restored
and revegetated.
J. Whether the resultant drainage will be adversely affected.
K. Whether the best interests of the Town are being served.
[Amended 6-21-2000 by L.L. No. 3-2006]
Any person who violates any provision of this
chapter or any regulation adopted hereunder is guilty of an unclassified
misdemeanor punishable by a fine not exceeding $500 for the first
violation, plus $5,000 per acre, or any portion thereof, of land from
which topsoil is removed in violation of this chapter; a minimum of
$500 and a maximum of $1,000 for a second violation within five years
plus an additional fine of $6,000 per acre or any portion thereof;
and a minimum of $1,000 and a maximum of $2,000 plus an additional
fine of $7,500 per acre or portion thereof for a third or subsequent
violation within five years; or imprisonment for a period not to exceed
six months, or both. Each week's continued violation shall constitute
a separate violation. Also, the Town Board after five days' notice
to the applicant may modify, suspend or revoke the permit.
The Building Inspector shall be empowered to
enforce this chapter and the regulations set forth herein and any
other person(s) designated by the Town Board.