In approving or denying an excavation permit, the standards and considerations taken into account shall include but not be limited to the following:
A. 
Whether the excavation, appurtenant activities 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.
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 development purposes.
E. 
Whether they will impair the aesthetic or natural environment of the excavation area or surrounding area.
F. 
Whether they will adversely 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.
The active excavation area which has not been restored shall at all times be limited to the minimal acreage necessary to conduct economically the excavation operation.
A. 
No excavation shall be conducted closer than 100 feet from a public right-of-way or adjoining property line.
B. 
This setback area shall not be used for any use in conjunction with excavation or appurtenant activities except one sign for identifying the use of the property, fencing, berms, buffers, access roads, parking and stockpiled topsoil.
C. 
All structures and appurtenant activities shall not be located closer than 200 feet from a public right-of-way or adjoining property line, except that sedimentation ponds may be located within this setback area if the applicant demonstrates that the topography necessitates such a location and also demonstrates that, where appropriate, sufficient safeguards such as a buffer will be provided for the protection of neighboring residents.
A. 
All access roads shall be designed to take advantage of buffers and to include curbs or other features to screen, as much as feasible, excavation and appurtenant activities from public view. The junction of access roads and public roads shall be at a right angle (90°).
[Amended 5-14-1991 by L.L. No. 4-1991]
B. 
All major access roads shall be sufficiently free of dust and mud to prevent such material from being spread or blown from the premises. All precautions, such as oiling or watering daily or more frequently when necessary, shall be taken to prevent dust and sand from being blown from the premises. The first 200 feet of access from a public road shall be paved or surfaced with wash gravel of a depth of at least six inches.
C. 
Sufficient off-street parking shall be provided for company, employees' and visiting vehicles. The parking of any such vehicle on a public right-of-way or the impeding of traffic or creation of traffic hazards by the parking of any such vehicle shall be prima facie evidence of failure to provide for adequate parking.
A. 
Topsoil. All topsoil shall be stripped from the active excavation area and shall be stockpiled for use in accordance with the restoration plan. Such stockpiles shall be seeded, covered or otherwise treated to minimize the effects of erosion by wind or water upon public roads, streams or other water bodies or adjacent property. This provision applies to all excavations except those for topsoil removal, in which case the provision applies for only that topsoil which has been stripped for use in the restoration plan.
B. 
Landscaping. Existing hills, trees and ground cover fronting along public roads or adjacent property shall be preserved, maintained or supplemented by selective cutting, transplanting and addition of new trees, shrubs and other ground cover for the purpose of providing a buffer. If the existing topography and vegetation do not lend themselves to such treatment, the operation shall take into consideration the potential of grading back overburden around the perimeter of the excavation site to create a berm for the purpose of providing a buffer, provided that the berm is properly landscaped with trees, shrubs or other ground cover.
C. 
Drainage. An adequate drainage system shall be provided to convey stormwater runoff originating on or crossing the premises such that the runoff follows, as much as feasible, the natural pattern of runoff prior to excavation and such that it does not adversely affect neighboring property owners. No excavation shall be allowed closer than 50 feet from a river, stream, lake or other natural water body. Soil erosion, sedimentation and groundwater seepage shall be controlled so as to prevent any negative effects on bodies of water, public roads and neighboring properties.
A. 
Fencing. Fencing shall be required on all sides of an excavation area that is within 200 feet of a residential property line or public right-of-way, unless the depth of excavation is less than five feet or the slope of the excavation is no steeper than one foot of vertical rise to two feet of horizontal distance.
B. 
Lateral support. Lateral support shall be sufficient to prevent the hazard of damage to persons, adjacent properties and public roads by reason of slides, sinking or collapse.
C. 
Hours of operation. Excavation and appurtenant activities shall be conducted only between 7:00 a.m. and 7:00 p.m., local time, but not on Sunday. Loaded trucks shall leave the premises only within these hours.
D. 
Noise. Noise from excavation, appurtenant activities and related operations shall not be such as to interfere unduly with the quiet enjoyment of neighboring properties.
E. 
Air quality. Emissions from excavation, appurtenant activities, and related operations shall conform with New York State regulations on ambient air quality.
A. 
No slope shall be left with a grade steeper than one foot of vertical rise to two feet of horizontal distance, except where the original topograph exceeded one to two feet, it should be brought back to its original grade.
B. 
All stumps, boulders and other debris resulting from the excavation, appurtenant activities or related operations shall be disposed of by approved methods. If disposed of on the site, such debris shall be covered with a minimum of two feet of soil.
C. 
Topsoil shall be respread over the excavated area to a minimum depth of six inches.
D. 
The restoration area shall be planted with trees, shrubs, grass or other vegetation so as to provide for screening, natural beauty and soil stability. The planting shall follow acceptable conservation practices.
E. 
Restoration shall be undertaken in such a way that natural and storm drainage, where it enters and leaves the premises, shall be altered only to the minimal degree necessary to carry out excavation and appurtenant activities. Any alterations of natural and storm drainage shall not adversely affect public roads or neighboring property owners.
F. 
Restoration shall be a continuous operation, subject to review and approval at each annual inspection and at the termination of the permit period. Topsoil grading and planting of the area designated for restoration during the permit period shall have been completed before a permit renewal is granted.
G. 
Within six months after termination of the excavation operations, all equipment, buildings, structures and other unsightly evidence of the operation shall have been removed from the premises or disposed of by approved methods, and all restoration shall have been completed.