Town of Perinton, NY
Monroe County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Perinton 9-12-2012 by L.L. No. 8-2012.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Environmental Conservation Board — See Ch. 16.
Conservation easements — See Ch. 103.
Enforcement procedures — See Ch. 115.
Erosion and sediment control — See Ch. 119.
Subdivision of land — See Ch. 127.
Zoning — See Ch. 148.
[1]
Editor's Note: This local law also repealed former Ch. 122, Excavations, adopted 8-12-1976 as Ch. 83 of the 1976 Code, as amended.

§ 122-1 Title.

This chapter shall hereafter be known and cited as the "Excavation Law of the Town of Perinton."

§ 122-2 Purpose and objectives.

It is the purpose of this chapter to provide for the proper use of the land and to require an orderly continuing restoration of all land permitted to be excavated for its resources. The objectives shall be:
A. 
To protect the land proposed for excavation from being destroyed for future use through improper excavation.
B. 
To protect the surrounding land uses, natural environment and people from damage or danger from excavation and appurtenant activities.
C. 
To provide for a plan to restore the excavated land for its ultimate reuse at the expiration of the permit.
D. 
To allow only those excavation uses which are in accordance with the Town Comprehensive Plan and development objectives.

§ 122-3 Legislative authority; delegation of authority.

In accordance with Article 16 of the Town Law of the State of New York, the Town Board of the Town of Perinton has the responsibility and authority to review and approve, modify and approve, or disapprove plans for excavation within the Town. Pursuant to the above authority, the Town Board has prepared and adopted this chapter setting forth standards to be followed in the preparation, review and approval or denial of excavation permit applications. By the same authority, the Town Board hereby delegates to the Board of Appeals the authority to conduct all public hearings and grant all permits provided in this chapter. The Department of Public Works shall assemble all information necessary to review applications and shall submit this information to the various boards, councils and individuals set forth in § 122-7C herein.

§ 122-4 Applicability.

This chapter shall apply to the entire area of the Town of Perinton, excluding those areas within the corporate limits of the Villages of East Rochester and Fairport.

§ 122-5 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
APPURTENANT ACTIVITIES
All on-site operations involved in the treatment, processing or further fabrication of soil, sand, or gravel, including washing, grading, and sorting.
BOARD OF APPEALS
The Zoning Board of Appeals of the Town of Perinton.
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.
DISTURBED AREA
Any area from which topsoil or overburden has been removed in preparation for removal of natural deposits or which has been filled but not restored to an environmentally acceptable natural state.
EXCAVATION
The removal of sand, gravel, soil (including topsoil) by stripping, digging or other means for the principal purpose of marketing these deposits.
FENCING
A vertical barrier of sufficient height, depth and construction to deter the passage of humans or animals from one area to another.
OVERBURDEN
Soil and all other natural material other than vegetation overlying the material to be excavated.
RESTORATION
The reparation to an environmentally acceptable natural state of an area which has undergone physical change due to excavation and related activities.
TOPSOIL
The layer of surface material which is composed of particles not larger than two inches in diameter, of which not less than 90% will pass a No. 4 sieve and not less than 25% nor more than 75% will pass a No. 200 sieve, which contains not less than 3% nor more than 20% organic material, which has an acidity range of 5.5 pH to 7.6 pH and which is capable of nurturing ornamental plants.

§ 122-6 General requirements.

A. 
All excavations and appurtenant activities commenced henceforth shall be in conformity with the provisions of this chapter.
B. 
All temporary or permanent permits presently in effect at the date of adoption of this chapter shall be continued until their expiration date, but all operations under such permits shall immediately become subject to the standards and conditions of this chapter. The Board of Appeals has full power and authority to vary those standards and conditions during the period of said temporary or permanent permits if strict enforcement thereof would result in unnecessary hardship to such operators resulting solely from the enactment of this chapter. The Zoning Board of Appeals shall apply the criteria for a special permit set forth in § 208-54 when it considers an application for an excavation permit.
C. 
No excavation or appurtenant activities shall be commenced until a permit therefor shall have been issued by the Board of Appeals.

§ 122-7 Permit application, review and renewal.

A. 
Applications and all supporting documents, photographs and maps shall be filed in quintuplicate with the Department of Public Works.
B. 
Upon filing an application for an excavation permit, the applicant shall pay to the Town a fee as set from time to time by the Town Board, which shall be deemed a reasonable sum to cover the costs of administration, no part of which shall be returnable to the applicant.
C. 
At least 30 days prior to a public hearing held by the Board of Appeals, copies of the permit application shall be submitted by the applicant to the Town Planning Board, the Town Engineer, the Monroe County Department of Planning, the Town Conservation Board, the Monroe County Soil and Water Conservation District, the Monroe County Environmental Management Council and the State of New York Department of Environmental Conservation for review and recommendations.
D. 
The time for the hearing, publication of the notice and mailing of notices and procedure at the public hearing shall be governed by the provisions of § 267-a, Subdivision 5, of the Town Law of the State of New York, as the same may be amended from time to time, or any sections subsequently adopted pertaining to such matters.
E. 
Upon the conclusion of the public hearing, a transcript of the testimony given, together with copies of all maps and exhibits and/or the minutes of said hearing, shall be forwarded to the Planning Board and the Conservation Board; and within 30 days after receipt of such information, each Board shall report its recommendations thereon to the Board of Appeals, accompanied by a full statement of the reasons for such recommendations. If one or both Boards fail to report within such period of 30 days or such longer period as may be agreed upon by it and the Board of Appeals, the Board of Appeals may act without such report.
F. 
Approval or denial of the application by the Board of Appeals shall be rendered within 60 days after the conclusion of a public hearing on said application, unless both the Board of Appeals and the applicant mutually consent to a time extension. The applicant will be notified of the decision, in writing, mailed to the address shown on the application.
G. 
Excavation permits shall be issued for a period of no greater than five years and shall be subject to semiannual site inspection and review by the Department of Public Works and any other agent designated by the Board of Appeals. A report of the semiannual inspection shall be filed with the Board of Appeals and sent to the owner and applicant. Inspection may also be made by an official Town agent at any reasonable time as deemed necessary. Refusal to permit a duly authorized person or agent to enter upon the premises for purposes of making any inspection, authorized or required under the provisions of this chapter, shall constitute a violation of the terms of the permit issued to said owner. The cost of semiannual inspections and other inspections reasonably required by the Town shall be charged directly to the applicant.
H. 
If, upon any inspection and review, under the procedures of Chapter 115, Enforcement Procedures, of the Town of Perinton, it is determined that the excavation and appurtenant activities have not been conducted in full compliance with the terms of the excavation permit, the permit may be terminated by the Board of Appeals and the performance bond provided for in this chapter shall be forfeited to the Town.
I. 
Renewal of an excavation permit upon its termination shall follow the same procedures as those required in this chapter for the original permit, except that if an application for renewal was properly filed prior to the expiration of an existing permit the term of the existing permit shall be deemed to be extended to the time that the Board of Appeals files its decision in regard to the application for renewal.

§ 122-8 Performance bond.

After the approval of the application and before the issuance of any permit, the applicant and each owner of record of the premises other than the applicant shall jointly and severally execute and file with the Town Clerk a performance bond secured by a letter of credit or surety bond to the Town in the amount of at least $3,500 per acre of disturbed area. The above party or parties guarantee that upon termination of either the permit or the operation, whichever may come first, the land shall be restored in conformity with both the permit requirements and the standards set forth in this chapter. In the event of default of compliance, such letter of credit or surety bond shall be forfeited to the Town. The Town shall return to the applicant any amount that is not needed to cover the costs of restoration, administration and any other expenses reasonably and necessarily incurred by the Town as a result of the applicant's default. Such bond shall continue in full force and effect until a certificate of compliance shall have been issued by the Town Engineer.

§ 122-9 Application requirements.

A. 
All five copies of the application for each permit shall be signed by the applicant and by each owner of the premises other than the applicant and shall include the following information:
(1) 
The name and address of the applicant.
(2) 
The name and address of each owner of the premises.
(3) 
A certification by the County Finance Officer showing payment of all taxes to date for the premises.
B. 
Each copy of the application shall include prints from vertical aerial photographs taken at a scale on the original negative no smaller than one inch equals 1,000 feet, which are certified as flown not earlier than one year prior to the date of application. The area covered by the aerial photographs shall include all land within a distance of at least one mile from the limits of the tract proposed for permit. Prints from the aerial negatives shall be made at a scale of one inch equals 100 feet.
C. 
Each copy of the application shall include location maps in the form of overlays to the aerial prints, giving the boundaries of the area proposed for permit and any area which has previously been excavated, and identifying all existing public and private land uses within a distance of at least 1,000 feet of these areas.
D. 
Each copy of the application shall include a natural features map prepared by a licensed engineer or surveyor at a scale no smaller than one inch equals 100 feet. The map shall show the following, both within the tract proposed for permit and within 500 feet of the tract:
(1) 
Existing topography at contour intervals of five feet.
(2) 
Areas of trees and forests with a description of varieties and sizes.
(3) 
Average thickness of overburden.
(4) 
Surface drainage pattern.
(5) 
Location of all underground utilities and facilities.
E. 
Each copy of the application shall include an operations map presented as an overlay to the natural features map. The following features, including the area devoted to each, shall be shown:
(1) 
Existing and proposed excavation areas.
(2) 
Existing and proposed appurtenant activities, identified by type.
(3) 
Existing and proposed access roads, identified by width and type of surface material.
(4) 
Existing and proposed parking facilities, identified by type of surface material.
(5) 
Existing and proposed fencing and buffers, identified by height and type of material.
(6) 
Area where topsoil will be temporarily stored for use in restoration.
F. 
Each copy of the application shall include a restoration plan presented as an overlay to the natural features map and consisting of whatever supplementary descriptive materials are deemed appropriate. The restoration plan shall include the following:
(1) 
Boundaries of the area proposed for restoration.
(2) 
Final topography of the area proposed for restoration at contour intervals of five feet.
(3) 
Final surface drainage pattern and the location and characteristics of artificial drainage facilities in the area proposed for restoration and in contiguous areas.
(4) 
Depth and composition of topsoil proposed to be used in restoration.
(5) 
The type and density of trees, shrubs, grasses and other vegetation proposed to be used in restoration.

§ 122-10 General standards.

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 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.
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 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.

§ 122-11 Standards for site design and operation.

A. 
The disturbed area shall not exceed a total of 10 acres at any one time.
B. 
Setback.
(1) 
No excavation shall be conducted closer than 100 feet to a public right-of-way or adjoining property line.
(2) 
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, buffers, access roads and stockpiled topsoil.
(3) 
All structures and appurtenant activities shall not be located closer than 200 feet to 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 environment and residents.
C. 
Access roads and parking.
(1) 
All access roads shall be designed to take advantage of buffers and to include curves 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 an angle of not more than a deviation of 10° from a right angle (90°).
(2) 
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 with an asphaltic concrete pavement.
(3) 
Sufficient off-street parking shall be provided inside the setback area for company, employee 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.
D. 
Preservation of natural features.
(1) 
Topsoil. All topsoil shall be stripped from the active excavation area and shall be stockpiled for use in accordance with the restoration plan, but no closer than 10 feet to any property line. 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.
(2) 
Landscape. 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 and other ground cover. No berm shall be constructed within 40 feet of a public right-of-way or adjoining property line.
(3) 
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. Excavated or disturbed areas adjacent to natural bodies of water shall be undertaken in a manner approved by the Department of Environmental Conservation of the State of New York. 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.
E. 
Other safeguards.
(1) 
Fencing. Fencing shall be required on all sides of disturbed areas that are within 500 feet of residences, unless the depth of excavation is less than five feet. Fencing shall be erected no closer than 40 feet to a public right-of-way or adjoining property line. The fencing shall be at least five feet in height. The Board of Appeals may require a fence, berm or other buffer along part or all of the boundary for safety, visual or other screening purposes.
(2) 
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.
(3) 
Hours of operation. Excavation and appurtenant activities shall be conducted only between 7:00 a.m. and 5:00 p.m. on Monday through Friday and between 7:00 a.m. and 1:00 p.m. on Saturday, and shall not be allowed on Sundays. Material-hauling loaded trucks shall enter or leave the premises only within the hours permitted for the operation of excavation and appurtenant activities.
(4) 
Noise. Noise from excavations, appurtenant activities and related operations shall not be such as to interfere with the quiet enjoyment of neighboring properties.
(5) 
Spillage. Trucks shall be loaded to prevent spillage or windblown matter during transport on public roads.

§ 122-12 Standards for restoration.

A. 
No slope shall be left with a grade steeper than one foot of vertical rise to three feet of horizontal distance, and the normal angle of repose should not be exceeded in any case.
B. 
All stumps, boulders and other debris resulting from the excavations, 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 spread 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 excavations 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 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 operation, 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.

§ 122-13 Amendment of provisions.

The Board may from time to time on its own motion, on petition or on recommendation of the Board of Appeals, Planning Board or the Conservation Board, and in accordance with the laws of the State of New York, amend, supplement or repeal the regulations or provisions of this chapter.

§ 122-14 Penalties for offenses.

Any person found guilty of a violation of the provisions of this chapter shall be punishable pursuant to Chapter 115, Enforcement Procedures.