Excavation for the purpose of soil mining such as gravel pits,
quarrying or any subsoil removal shall be allowed only by special
use permit and shall be subject to any and all applicable New York
State and/or federal regulations under the following regulations:
A. Site map. Before a special use permit is issued, the
applicant shall submit to the Planning Board 10 copies of a map with
a scale of one inch equal to not more than 100 feet showing all land
within 200 feet thereof, with exact locations of all buildings, streets,
utilities, drainage or other easements, watercourses, lot lines, block
and lot numbers, if any, and names of the landowners. Such map shall
also show the present topography at two-foot contour intervals. The
map shall be signed by a licensed engineer or land surveyor for certification
of its accuracy.
B. Excavation plan. The applicant shall also submit to
the Planning Board seven copies of the proposed plan of excavation,
at the same scale as above, showing the proposed finished elevations
at one-foot contour intervals and the proposed drainage plan.
C. Fence. During excavation or quarry operations, open
pits and quarry walls shall be entirely surrounded by a substantial
fence at least six feet in height that will effectively block access
to the area, with suitable gates provided with locks. Top and/or toe
of slope shall not be closer than 40 feet to a property line.
D. Prohibited machinery. No rock crusher, cement plant
or other crushing, grinding, polishing or cutting machinery or other
physical or chemical process for treating the product of such excavation
shall be permitted.
E. Finished grading. The proposed finished grading plan
shall show the land to be smooth graded and topsoil respread to a
minimum depth of four inches. Slope shall not exceed the normal angle
of repose of the material removed.
F. Performance bond. A performance bond with adequate
surety shall be required of the applicant in an amount determined
by the Town Board upon the advice of the Town Engineer or an engineer
appointed for such purpose. Said bond shall be conditioned upon the
completion of the finished grading and drainage plan and shall be
released upon certification by the Building Inspector and such engineer
that the conditions of said bond have been fulfilled.
G. Length of permit. No special use permit for excavation
operations or soil mining shall be granted for a period of more than
three years, but such permit may be extended for an additional two
years upon approval of the Planning Board.
H. Fees. Upon approval, one copy of the approved excavation
plan shall be returned to the applicant by the Planning Board, together
with the special use permit, upon the payment of a fee in accordance
with the schedule of fees as promulgated from time to time by the
Town Board to cover all engineering and other costs directly attributable
to the approval and office and field checking of the proposed soil-mining
operation.