The purpose and intent of this chapter, its supplementary land
development requirements and standards are as follows:
A. To ensure that excavation will be conducted in a manner that will
protect residential and local business areas and other land uses and
the value of land from potential adverse impacts.
B. To limit the amount of excavation to the minimum required for site
preparation, preserving, insofar as possible, the topographical beauty
of the community, including the character of the existing landscape,
its knolls, hills, and ridgelines and other aspects of the Town's
natural environment.
C. To limit the amount of material that may be removed from a site and
establish clear standards and requirements for the planned phasing
of areas of excavation to avoid the creation of a disturbed, barren
area of land that is not consistent with the Town's natural environment
and rural, residential character.
D. To prevent the adverse effects of disturbed land, such as stormwater,
erosion and sedimentation, and pollution from affecting the community's
watershed, watercourses, water bodies and wetlands, and other natural
resources.
AGRICULTURAL ACTIVITY
The activity of an active farm, including grazing and watering
livestock, irrigating crops, harvesting crops, using land for growing
agricultural products, and cutting timber for sale, but shall not
include the operation of a dude ranch or similar operation or the
construction of new structures associated with agricultural activities.
CLEARING
Any activity that removes the vegetative surface cover.
CONCEPTUAL EXCAVATION PLAN
A drawing, or set of drawings, with general information sufficient
to adequately describe the existing conditions of the site and the
proposed excavation and development. This information shall include
data on existing land characteristics (slopes, wetlands, rocky areas,
etc.), available utilities, and the proposed general layout, timing,
and phasing of development, including buildings, parking, driveways,
pedestrianways, generalized landscaped areas and other improvements,
and general limits of disturbance.
DISTURBANCE
All land preparation activities involving the movement, placement,
removal, transfer or shifting of soil, rock and/or vegetation, including,
but not limited to, clearing draining, filling, grading, regrading
or the building of structures or the placement of improvements on
land, including the construction of individual sidewalks, paths, roads,
or driveways. The condition of land disturbance shall be deemed to
continue until the area of disturbance is returned to its original
state or to a state complying with a permit for such disturbance granted
in accordance with this chapter.
EXCAVATION
The disturbance or removal of material, including soil, rock
and/or minerals from land for the purposes of site preparation for
land development and construction projects, regardless of whether
those materials are retained on the site or removed from the site.
EXCAVATION AND PHASED DEVELOPMENT PLAN
A drawing, or set of drawings, with detailed information
as set forth herein, to fully demonstrate the existing conditions
of the site and the proposed excavation and phased development. The
information and plans shall include data on existing land characteristics
(topography, wetlands, rock outcroppings and ledge areas, etc.), available
utilities, and the proposed general layout, timing, and phasing of
development, including buildings, parking, driveways, pedestrian ways,
generalized landscaped areas and other improvements, limits of disturbance,
and corresponding grading, drainage, erosion and sedimentation control
and other measures to be demonstrated on phased development plans.
MINERAL
All naturally formed, usually inorganic, solid material located
on or below the surface of the earth. For the purposes of this chapter,
peat and topsoil shall be considered minerals.
MINING
The extraction of soils, rock (overburden) and minerals from
the earth, and the removal of such materials from the site through
sale or exchange or for commercial, industrial, or municipal use.
Activities associated with the processing of such materials, if permitted,
must comply with the conditions of any permit granted in accordance
with this chapter.
PROCESSING
Any mechanical manipulation of material, including crushing,
screening, blending, washing, and any procedure which changes the
size of the particles or the particle size distribution or gradation
from in-situ characteristics. Processing also includes any mechanical
and/or thermal combining or blending of materials from one or more
sources in order to manufacture a product with certain specification
requirements. Processing shall not mean simply excavating and loading
earth material directly into a transport vehicle.
RESTORATION
The act of bringing back to a former condition and function.
TOPSOIL
Topsoil shall consist of friable surface soil reasonably
free of grass, weeds, sticks, stones, or other foreign materials.
Excavation in the following cases is not subject to the limitations
of this section, and no special use permit approval from the Town
Board is required:
A. Land disturbance operations in which topsoil is removed from one
part of the property and deposited on another part of the same property,
provided that it is replaced with a cover of earth in which the vegetable
matter may take root and grow and is seeded with grass, permanent
pasture mixture or other fast-growing vegetation, repeated as necessary
until the growth is established.
B. Excavation within the limits of the right-of-way of any Town, county,
or state highway for the sole purpose of building roads and slopes
incidental thereto which lie within the area of a subdivision approved
by the Planning Board of the Town of Kent and on file in the County
Clerk's office in Putnam County, New York.
C. Excavation in connection with agricultural activity, including farm
ponds and soil conservation measures, provided that such improvement
conforms to the following standards and conditions:
(1) Final slopes shall be finished at a grade no greater than the natural
angle of repose, except where supported by a retaining wall or foundation.
(2) Any lakes or ponds that are created shall have a sufficient depth
and inflow of water to prevent eutrophication and to prevent their
becoming stagnant in dry periods.
(3) Topsoil may be disturbed and relocated in connection with any permitted
excavation but shall be replaced with earth in which vegetable matter
may take root and grow and shall be seeded with grass, permanent pasture
mixture or other fast-growing vegetation, repeated as necessary until
the growth is established.
(4) In the event that the construction of improvements for which preparatory
excavation is performed does not commence within six months of the
commencement of such excavation, the permittee shall be required to
immediately begin reclamation operations to restore the land to a
condition that will minimize erosion and any unsightly conditions.
D. Excavation required to construct single-family home foundations and
basements.
E. Excavation required to maintain water bodies and watercourses.
The application procedure for approval of a special use permit
for excavation shall involve a three-stage process:
A. The applicant shall submit an application supported by a conceptual
excavation and phased development plan to the Planning Board. The
Planning Board shall review the plan and determine if excavation and
land disturbance thresholds under this code will be met or exceeded,
requiring referral to the Town Board. The Town Board shall receive
the referral from the Planning Board and evaluate the plan relative
to the conformity of the proposal with the Town Comprehensive Plan
and this chapter. The Town Board shall:
(1) Provide feedback to the applicant regarding additional information
that must be submitted as part of the conceptual excavation and phased
development plan for reconsideration by the Town Board; or
(2) Upon acceptance of the conceptual excavation and phased development
plan, the Town Board may direct the applicant to submit a full and
complete excavation and phased development plan application as set
forth herein; or
(3) Deny the conceptual excavation and phased development plan.
B. Upon direction of the Town Board, the applicant shall submit a full
and complete excavation and phased development plan application to
the Town Board, which shall be referred to the Planning Board for
a detailed review and report. The Planning Board shall serve as lead
agency and conduct the New York State Environmental Quality Review
Act (SEQRA) review unless otherwise superseded by another involved
agency. The Planning Board shall, as part of the SEQRA review, conduct
a public hearing on the matter. Upon the conclusion of the SEQRA review,
the Planning Board will issue a determination of environmental significance
and all associated approvals and permits. The Planning Board shall
refer the entire application package back to the Town Board.
C. Upon receipt of the entire application package from the Planning
Board, the Town Board shall accept the SEQRA determination of the
Planning Board and review all comments and recommendations provided
by the Planning Board. Within 62 days of receipt of the application
from the Planning Board, the Town Board shall give due notice and
may hold a public hearing on the special use permit for excavation.
Within 30 days of the close of the public hearing, the Town
Board shall act either to approve, approve with conditions or disapprove
the special use permit for excavation.
A. With respect to the excavation permit and phasing, the Town Board
shall make the following findings:
(1) That the location, character and scope of the excavation activity,
and the access and any temporary buildings, structures, facilities,
or processing equipment, will reasonably safeguard the character of
the neighborhood and surrounding property values, will not hinder
or discourage the appropriate development and use of adjacent property
and, when completed, will conform to the appropriate and orderly development
of the Town and neighborhood.
(2) That the lot on which the excavation activity is to be conducted
is of sufficient size and adequate dimension to permit the excavation
activity in a manner that will not be detrimental to the neighborhood
or adjacent property.
(3) That reasonable provisions will be made for screening the excavation
activity, including processing from view from adjacent streets and
property, and that buffer transition areas will be provided to protect
adjacent properties.
(4) That the streets serving the proposed excavation activity are adequate
to carry prospective traffic, that provisions will be made for entering
and leaving the lot in such a manner that no undue hazard to traffic
or undue traffic congestion is created and that adequate off-street
parking and loading facilities will be provided for conduct of the
excavation activity.
(5) That the proposed excavation activity, when completed, will not result
in the creation of soil erosion, sedimentation or fertility problems
or drainage, sewerage or groundwater problems, or pollution which
would impair the reasonable reuse and development of the lot and/or
be detrimental to the neighborhood or adjacent property and that the
excavation and phased development plan is consistent with the Town
of Kent Comprehensive Plan.
(6) That the proposed excavation activity, any buildings, structures,
facilities or processing equipment and hours of operation will make
provisions for control of dust and lighting and otherwise will not
be detrimental to the public health, safety and general welfare of
the neighborhood and the community.
B. Such conditions and safeguards shall be attached to the special permit
as the Town Board deems necessary and appropriate to assure continual
conformance to all applicable standards and requirements.
Each application for a special use permit shall be in compliance
with all pertinent regulations, including:
A. All applicable provisions of the Code of the Town of Kent, including
but not limited to regulations for flood damage prevention, freshwater
wetlands, tree removal, steep slope protection and stormwater management,
subdivision of land, watercourses, soil hydrology, environmentally
sensitive lands, zoning, and any other pertinent provisions.
B. New York City Department of Environmental Protection (NYCDEP), New
York State Department of Environmental Conservation (NYSDEC) and all
other applicable regulations.
Each application for a special use permit shall be accompanied
by the following:
A. A proposed site plan showing the size and location of the lot, the
location of all buildings and proposed facilities, including access
drives and parking areas, and all streets within 200 feet of the lot.
The site plan shall use as a base map a recent, accurate boundary
and topographic survey of the property depicting all existing improvements
and grades prepared by a New York State licensed land surveyor. The
plan shall depict all proposed site alterations and improvements and
shall be prepared by a professional engineer, a landscape architect,
or an architect licensed by the State of New York and shall include
the following information:
(1) A location map, at a convenient scale, showing the applicant's
entire property and all boundaries, easements, and streets within
500 feet thereof.
(2) Existing improvements, utilities, wells, and septic systems.
(3) The location and limits of the area of disturbance on the lot to
be subject to the excavation activity and any lines delimiting areas
not to be disturbed.
(4) Existing topography and proposed grade elevations at a contour interval
of not more than two feet, unless waived by the Town Board, with existing
topography to be shown on the subject parcel and within 200 feet of
the area to be subject to the excavation operation, drawn to a scale
of not less than 100 feet equals one inch.
(5) Existing and proposed drainage within the limits of disturbance and
within a distance of 200 feet outside of the limits of disturbance.
(6) Existing wetlands, watercourses, and water bodies and associated buffers delineated in compliance with pertinent provisions of the Code of the Town of Kent, including Chapter
39A, within the limits of disturbance and within a distance of 200 feet outside of the limits of disturbance.
(7) Proposed truck and equipment access to the lot, including roadway
and access improvements proposed.
(8) The location of wooded areas, existing buildings and structures and
the location of any proposed buildings and structures within the limits
of disturbance and within a distance of 200 feet outside of the limits
of disturbance.
(9) Any proposed temporary or permanent screening of the excavation operation,
such as by berms, fences, and landscaping.
(10) The location, size, use and architectural design of all existing
buildings and structures.
(11) The location of all property lines and structures within 200 feet
of the property boundary.
(12) Existing soil types, wetlands, and watercourses, 100-year floodplains,
bedrock outcrops, slopes in excess of 10%, and the location of trees
with a diameter of six inches or greater as measured 4.5 feet from
the ground level (direct breast height or "dbh").
(13) The location and capacity or number of all existing and proposed
roads, driveways, parking and loading areas, including access and
egress drives.
(14) The location of outdoor storage areas.
(15) The location of fire access roads and fire protection features.
(16) The location, description, and design of all existing and proposed
site improvements, including building footprints, pavement, walkways,
curbs, drains, culverts, retaining walls, fences, parks, open spaces,
and recreation areas.
(17) The location, design and description of water supply and sewage disposal
facilities.
(18) The location, design, and description of stormwater management facilities,
including proposed grading plan.
(19) The location, height, and species of landscape plantings on a landscape
plan.
(20) The character and location of all power distribution and transmission
lines.
(21) The location and description of all subsurface site improvements
and facilities.
(22) The location of any processing equipment and stockpiles.
(23) The extent and amount of cut and fill for all disturbed areas, including
before-and-after profiles of typical development areas, building footprints,
walkways, parking lots, driveways, and roads.
(24) The total amount of cut and fill in cubic yards.
(25) The average existing grade and the average proposed grade and depth
of excavation.
(26) Adequate provisions for the handling of stormwater runoff, including
retention/detention, piping, or channeling to existing or proposed
drainage systems during and after construction.
(27) Proposed phasing of development.
(28) A rock removal or blasting plan as determined to be required.
(29) If blasting is found to be required, a baseline potability and pollutant
study and monitoring plan during and post-construction of surrounding
wells. Test parameters and the location of the wells to be tested
will be determined.
(30) Restoration or reclamation plan as determined to be required.
(31) A signature block for Town Board endorsement of approval.
(32) The name and address of the owner of the property proposed for development,
along with the signature of said owner.
(33) The name and address of the applicant, if different, along with the
signature of said applicant.
(34) At the request of the Town or Planning Board, any other pertinent
information or materials determined to be necessary to assist in the
review and evaluation of the proposed special use permit for excavation
and provide for the proper enforcement of this chapter.
B. A full environmental assessment form (full EAF) together with any
supporting documents or other material intended to expand or clarify
information contained in the full EAF intended to assist the Town
in the review of this project.
C. A complete copy of all application materials submitted to the NYSDEC
pursuant to Article 23, Title 27 of the Environmental Conservation
Law, if applicable.
D. A stormwater pollution prevention plan (SWPPP) consistent with the requirements of Town of Kent Town Code Chapter
66. The SWPPP shall meet the performance and design criteria and standards in Chapter
66, Article
IV. The approved special use permit shall be consistent with the provisions of Chapter
66.
E. A narrative addressing the following and such additional information
deemed appropriate by the Town Board:
(1) An evaluation of the proposed excavation activity relative to surrounding
land uses, including an evaluation of potential environmental impacts,
including but not limited to noise, dust, and visual impacts on surrounding
land uses.
(2) The duration of the operation through to site restoration, proposed
hours and days of operation and the program for staging the site preparation,
excavation and restoration in time and geographic sections.
(3) The program of measures to be undertaken for control of noise, dust,
soil erosion and sedimentation, water pollution, and the mitigation
of visual impacts, including outdoor illumination, and elements of
a reclamation plan for the area of the lot to be subject to the excavation
activity.
(4) An estimate of the number of vehicles expected to enter and exit
the lot on a daily basis and at peak hours, and description of any
roadway capacity and safety improvement proposed on the streets giving
access to the lot.
(5) Description of the nature and capacity of any processing equipment
proposed to be established on the lot.
The excavation activities shall conform to the following standards
and conditions:
A. There shall not be any vegetation removal, clearing of the land or
alteration of the site without first obtaining a special use permit
for excavation from the Town Board.
B. There shall not be any vegetation removal, clearing of the land or
hydrological alteration of any Town of Kent jurisdictional wetland,
watercourse, and/or water bodies and associated buffers without first
obtaining a special use permit for excavation from the Town Board.
C. All excavation activities shall conform to the information, report,
maps, plans and conditions approved by the Planning Board and Town
Board.
D. The lot will be excavated and graded within the limits shown on the
approved plans and in conformity with the proposed contour plan as
approved.
E. The measures for noise, visual, soil erosion and sediment control
will be installed, maintained, and completed in accordance with all
approvals and permits.
F. The slopes will not exceed one foot of rise for two feet of horizontal
distance or such lesser slope that the Planning Board may specify
as necessary for the public health and safety, soil stability or for
the reasonable use of the property after completion of the operation.
G. There will be no excavation, processing or grading or removal within
50 feet of any property or street line, or a greater or lesser distance
if approved by the Town Board.
H. There shall be no sharp declivities, pits or depressions, and proper
drainage will be provided to avoid stagnant water, soil erosion and
water pollution during and upon completion of operations.
I. The permittee shall maintain and repair all streets and roads affected
by the conduct of the excavation operations and by the transport of
any and all materials to and from the site and within the site, and
such work shall be completed within the time provided for in the permit.
J. The lot will be cleared of all debris within the period for which
the excavation permit is granted.
K. Except in the location of wetlands and watercourses and exposed ledge
rock, the topsoil for a depth of 12 inches will be set aside and retained
on the lot and will be respread over the excavated or graded area
as the work progresses, that an approved ground cover will be planted
and grown to an erosion-resistant condition upon the completion of
the excavation or removal in accordance with the approved contour
lines and that such work be completed within the period for which
the local excavation permit is granted.
L. If required by the Town Board, the area to be excavated or a portion
thereof shall be enclosed within a fence of such type, height, and
location as the Board approves.
M. A schedule shall be established setting forth the following:
(1) Limitations on the day of the week and the hours of the day during
which any work, including or rock chipping, drilling, processing,
or hammering, or blasting, may be performed on the lot, in compliance
with Town of Kent noise regulations.
(2) The place and manner of disposal on the lot of excavated material.
(3) Requirements as to the control of dust, noise, and lighting.
N. The applicant shall submit weekly reports, prepared by and bearing
the seal of an engineer, showing the status and progress of the excavation
activity to the Town Building Inspector.
Any person or persons jointly or severally aggrieved by any
decision of the Town Board may apply to the Supreme Court of the State
of New York for relief through a proceeding under Article 78 of the
Civil Practice Law and Rules of the State of New York. Such proceedings
shall be governed by the specific provisions of Article 78, except
that the action must be initiated as therein provided within 30 calendar
days after the filing of the Board's decision with the Office
of the Town Clerk.