[Adopted 3-28-1984]
It is the purpose of these regulations to provide for the proper uses of the land and to require an orderly continuing reclamation of all land permitted to be excavated for its resources. The objectives shall be:
A. 
To protect the land proposed for excavation.
B. 
To protect the surrounding land uses, natural environment and people from damage or danger from the result of excavation and appurtenant activities.
C. 
To provide for a plan to restore the excavated land for its ultimate reuse at the termination of excavation.
D. 
To allow only those excavation uses which are in accordance with the Town Comprehensive Plan and development objectives.
In accordance with Article 16 of the Town Law of the State of New York, the Town Board of Sweden has the responsibility and authority to review and approve, modify and approve or disapprove permits for excavation within the Town. Pursuant to the above authority, the Town Board has prepared and adopted these regulations setting forth standards to be followed in the preparation, review and approval or denial of excavation permit applications.
In order that land may be excavated in accordance with this purpose, these regulations are hereby adopted and shall be known and may be cited as the "Regulations for Issuance of an Excavation Permit of the Town of Sweden."
Upon the approval of these regulations by the Town Board, excavation within the Town of Sweden shall be in compliance with the standards and procedures set forth herein.
Where these regulations impose greater restrictions than are imposed by the provisions of any law, ordinance, regulation or agreement, these regulations shall control. Where greater restrictions are imposed by any law, ordinance, regulation or agreement than are imposed by these regulations, such greater restrictions shall control.
For the purpose of these regulations, certain words used herein are defined as follows:
APPLICANT
Any person, firm or corporation or other entity making application to the Town of Sweden to conduct excavation operations within the Town of Sweden. The owner of any lands upon which excavation is proposed to be conducted shall join in and is a necessary party to any application for a permit to be issued.
APPURTENANT ACTIVITIES
All on-site operations, except excavation, involved in the treatment, processing or further fabrication of soil, sand, gravel, rock, consolidated or unconsolidated materials or natural deposits, including washing, sedimentation ponds, grading, sorting, grinding, crushing, batching plants and aggregate dryers.
BUFFER
Trees, hills, fences 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 those land uses of noise, glare, dust, unsightliness and other factors associated with the excavation site and related activities.
CONSOLIDATED MATERIALS
Shall include but not be limited to such minerals as limestone, dolostone, sandstone, marble, slate, flagstone, curbing, dimension stone, riprap, abrasives, gypsum, iron, talc, titanium or other metallic or nonmetallic minerals.
EXCAVATION
The removal of earth, sand, gravel, soil (including topsoil), consolidated or unconsolidated materials or other natural deposits by stripping, digging or other means.
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 and topsoil overlying the material to be excavated.
POSITIVE DRAINAGE
Shall refer to the finished elevations of the unconsolidated material excavation sites and require the grading of the site to be such that it conveys all surface water, including water falling on, entering onto and/or running through the site, to points of lower elevation which are part of existing drainage facilities beyond the excavated area. The conveyance specified above shall be by natural means and without the aid or use of mechanical or siphoning equipment or machinery. Depressions do not conform with the requirements of this definition and must be filled and properly graded.
RECLAMATION
The reparation, to an acceptable natural state, in accordance with standards provided herein, of an area which has undergone physical change due to excavation and related activities.
RECLAMATION PLAN
The applicant's proposal for reclaiming the affected land, including a graphic and written description of the proposed use of all affected land, the method of reclamation and a schedule for performing reclamation. Such reclamation plan shall be in accordance with and contain, as a minimum, those criteria as set forth in §§ 95-14F and 95-17 hereof.
TOPSOIL
The layer of surface material which is substantially free of rock and is capable of nurturing general vegetation.
TRACT
All lands of the applicant, either owned or leased, which may be affected by the proposed excavation and appurtenant activity.
UNCONSOLIDATED MATERIALS
Shall include but not be limited to such minerals as topsoil, borrow, fill, peat, humus, sand or gravel.
A. 
Except in conformity with the provisions of these regulations, no excavating, removal or storage of earth, sand, gravel, rock, topsoil, consolidated or unconsolidated materials or other similar material (excluding wood), or appurtenant activities, other than excavation, removal or storage necessary in connection with the construction of buildings, structures, retaining walls, fences, private drives, parking lots, public improvements and public and private utilities that have been reviewed and approved under subdivision and/or site plan approval and farming activities, shall be carried on in the Town of Sweden.
B. 
All preexisting excavations and/or appurtenant activities in operation and in compliance with the excavation regulations at the time when these regulations become effective may continue and will be issued a temporary permit for a period of three months. To continue operation beyond the period of the temporary permit, a permit shall be applied for and obtained under the provisions of these regulations as hereinafter set forth.
A. 
Before any excavation or appurtenant activities are commenced, six copies of an application for an excavation permit upon a form established by the Town Board from time to time shall have been filed with the Town Clerk and this application shall have been approved and an excavation permit shall have been granted by the Town Board and issued by the Town Clerk pursuant to the provisions of these regulations.
B. 
Upon filing an application for an excavation permit, the applicant shall pay to the Town a filing fee therefor as established by the Town Board by resolution from time to time, which shall be deemed a reasonable sum to cover the cost of administration and which in no part shall be returnable to the applicant.
C. 
Upon receipt of a complete application and at least 30 days prior to a public hearing held by the Town Board, copies of the permit application may be submitted to the Town Planning Board, the Town Environmental Conservation Board, the Town Engineer, the Monroe County Planning Department and the Monroe County Soil and Water Conservation Service for review and recommendations.
D. 
The Town Board shall fix a reasonable time for a public hearing on the proposed permit and shall publish notice thereof in a newspaper of general circulation in the Town at least 10 days prior to the date of the hearing.
E. 
Approval or denial of the application by the Town Board shall be rendered within 60 days after the public hearing, except if both the Town Board and the applicant mutually consent to a time extension.
F. 
The Superintendent of Highways for the Town of Sweden shall be responsible for monitoring the quarry operations. This will include random checking on blasting, dust and hydrologic systems. The Superintendent of Highways will receive copies of all blasting and hydrologic survey reports. These are to be kept on file in the Town Hall and will be available for inspection by anyone during regular business hours. Copies can be made by the Town Clerk at the usual charge. Complaints will be investigated by the Town Board in cooperation with the Superintendent of Highways.
G. 
Excavation permits shall be issued for a period of no greater than five years and shall be subject to annual site inspection and review by the Town Engineer and/or any other agent(s) designated by the Town Board. The applicant is required to submit annually for review updated aerial photographs and/or survey maps to aid in this review, as specified by the Town Board.
H. 
If, upon the annual inspection and review, excavation and appurtenant activities have not been conducted in full compliance with the terms of the excavation permit, the applicant shall have 30 days from receipt of written notice of violation within which to commence remedial action to come into compliance with the terms of the permit. The Town may, in its discretion, extend the time for compliance. If the applicant fails to commence, pursue or complete remedial action or if the Town does not extend the time for compliance, then in default thereof, the permit, at the Town's option, may be terminated and the letter of credit may be forfeited to the Town.
I. 
The excavation permit shall remain in force for a period not exceeding five years from the date issued. An application for renewal shall be filed with the Town Clerk not less than 60 days before the expiration of the permit, together with a filing fee as established from time to time by resolution of the Town Board. The renewal application shall include a certification by the applicant of any change from the application as approved and that the applicant is in compliance with the existing permit. Renewal thereafter for successive periods not exceeding five years shall be granted upon a finding by the Town Board that the applicant is in compliance with the original permit or as amended for which the applicant is seeking a renewal.
Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of these regulations, the Town Board of the Town of Sweden shall have the power in passing upon the application required herein to vary or modify any of the regulations or provisions contained herein so that the spirit of the regulations shall be observed, public safety and welfare secured and substantial justice done.
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 execute and file with the Town Clerk a letter of credit to the Town in an amount acceptable to the Town Board for each acre of land within the area to be used for excavation or appurtenant activities. 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 article. In the event of default of compliance after notice and opportunity to cure as set forth in § 95-11H, such letters of credit shall be forfeited to the Town. The Town shall return to the applicant any amount that is not needed to cover the costs of reclamation, administration and any other expenses incurred by the Town as a result of the applicant's default. Such letters of credit shall continue in full force and effect until a certificate of compliance shall have been issued by the Town Engineer and/or any other agent(s) designated by the Town Board. The Town may accept the reclamation bond and mined land use plan provided to the New York State Department of Environmental Conservation (DEC) for issuance of a New York State mining permit in lieu of a letter of credit to the Town for compliance with this regulation.
A. 
All six 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 showing payment of all real property taxes to date for the premises.
B. 
Each copy of the application shall include vertical aerial photographs at a negative scale 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 3,000 feet from the limits of the tract proposed for permit.
C. 
Each copy of the application shall include location maps in the form of overlays to the aerial photographs giving the boundaries of the area proposed for permit and the area which has been excavated and identifying all existing utilities adjacent to and on said premises and the proposed protections or treatment thereof.
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 200 feet. The map shall show the following both within the tract proposed for permit and within 200 feet of the tract:
(1) 
Present and proposed contour lines.
(a) 
The location of three bench marks.
(b) 
The contour interval shall be five feet, or as specified by the Town Engineer.
(c) 
Contour lines shall extend 200 feet beyond the property lines to indicate the nature of the adjacent property.
(d) 
Any other information which may be required for proper review.
(e) 
Spot elevations and/or cross sections as determined by the Town Engineer.
(2) 
Areas of trees and forest.
(3) 
The average thickness of overburden.
(4) 
The surface drainage pattern, including any drainage system to be installed during and after completion of work.
(5) 
Grades of all creeks or drainage ditches at fifty-foot intervals for a minimum distance of 500 feet beyond the parcel of land covered by the permit.
(6) 
Remaining lands. If the application covers only a part of the applicant's tract, an aerial photograph of the entire tract, at a minimum scale of 400 feet equals one inch, shall be provided. The part of the applicant's tract submitted for approval shall be considered in light of the entire tract.
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, including the location of the proposed structure, either temporary or permanent.
(3) 
Existing and proposed access roads, identified by width and type of surface materials.
(4) 
Existing and proposed parking facilities, identified by type of surface material.
(5) 
Existing and proposed fencing, berms and buffers, identified by height and type of material.
(6) 
Areas where topsoil will be temporarily stored for use in reclamation and other materials stockpiled.
F. 
Each copy of the application shall include a reclamation plan, presented as an overlay to the natural features map and consisting of whatever supplementary descriptive materials are deemed appropriate. The reclamation plan shall include the following:
(1) 
Boundaries of the area proposed for reclamation. In this regard, corner posts shall be used to designate the land area involved during the application review period. The top of such corner posts shall be painted red for four inches to six inches and shall be at least four feet above ground level and placed in position by a licensed engineer or surveyor. The posts may be removed by the applicant following the issuance of the permit.
(2) 
The final topography of the area proposed for reclamation.
(a) 
The location of three bench marks.
(b) 
The contour interval shall be five feet or as specified by the Town Engineer.
(c) 
Contour lines shall extend 200 feet beyond the property lines to indicate the nature of the adjacent property.
(d) 
Any other information which may be required for proper review.
(e) 
Spot elevations and/or cross sections as determined by the Town Engineer.
(3) 
The final surface drainage pattern and the location and characteristics of drainage facilities in the area proposed for reclamation and in contiguous areas.
(4) 
The depth of topsoil proposed to be used in reclamation.
(5) 
The type, density and general location of trees, shrubs and other vegetation proposed to be used in reclamation.
G. 
In lieu of permit application materials specified in § 95-14 herein, at the Town Board's option, the applicant may provide a copy of a mined land reclamation permit application, dated or issued within one year of the date of application to the Town of Sweden, which has been deemed complete and approved by the Department of Environmental Conservation. Any modifications or amendments to such plan made prior to final approval by the DEC shall be incorporated into the application filed with the Town by the applicant.
In approving or denying an excavation permit, the standards and considerations taken into account may include but not be limited to the following: whether the excavation, appurtenant activities and proposed reclamation plan are in accordance with these regulations; whether they will cause soil erosion or the depletion of vegetation; whether they will render the land unproductive or unsuitable for agricultural or development purposes or productive or suitable for recreation, wildlife habitat or other purposes; whether they will impair the aesthetic or natural environment of the excavation area or surrounding area; whether they will adversely affect the character of surrounding land use; and whether they will create excessive traffic or impair the quality of the existing and proposed thoroughfare facilities, community facilities and drainage.
A. 
The active excavation area which has not been restored shall at all times be limited to the minimal acreage necessary to conduct the excavation operation.
B. 
Setbacks.
(1) 
No excavation shall be conducted closer than 100 feet to an adjoining property line or 500 feet to existing residences. A residence is defined as a structure used for human habitation, constructed prior to making permit application.
(2) 
This setback area shall not be used in conjunction with excavation or appurtenant activities, except one sign for identifying the use of the property, fencing, berms, buffers and access roads.
(3) 
All structures and appurtenant activities erected or constructed after the adoption of these regulations, excepting reclamation activities, shall not be located closer than 100 feet to a public right-of-way or adjoining property lines, 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.
C. 
Access roads and parking.
(1) 
All access roads shall be designed to take advantage of buffers and 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 10° deviation 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 periodically and 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 surfaced with washed gravel at a depth of at least six inches.
(3) 
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.
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 reclamation 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 reclamation 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 has proper ground cover. Specific plantings shall be those as approved by the Town Board.
(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 properties. 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. No excavation shall be allowed closer than 50 feet to a stream or other natural water body without providing an acceptable plan approved by the DEC. The proposed grading and slope and the necessary auxiliary appurtenances shall provide adequate drainage to existing drainage facilities as shall be approved by the Town Engineer before removal operations are commenced.
E. 
Other safeguards.
(1) 
Fencing. Fencing may be required on all sides of an excavation unless the slope of the sides of the excavated area is no steeper than one foot of vertical rise to two feet of horizontal distance. Height and type of fence are to be approved by the Town Board.
(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. Hours of operation are to be approved by the Town Board at the time of approval of the excavation permit.
(4) 
Noise. Noise from excavation, appurtenant activities and related operations shall not exceed 75 decibels on the A-weighted network at a constant level at the property line.
(5) 
Warning system. The application shall include a prepared blasting warning system for adjacent residents, acceptable to the Town Board.
(6) 
Blasting and monitoring.
(a) 
USBM Report of Investigations No. 8507 will be used as the basis for allowable vibration and air blast levels.
(b) 
Monitoring shall be conducted at the closest residence to the blast, subject to inspection and verification by the Town of Sweden.
(c) 
Blasting will not be carried out closer than 500 feet to existing residences or 100 feet to property lines.
(d) 
Blasting operations shall conform to procedures recommended by a qualified consultant engaged for that purpose.
(e) 
If public water supply is not available, test wells shall be established and monitored.
A. 
No slope shall be left with a grade steeper than one foot of vertical rise to two feet of horizontal distance. All final grading plans shall provide for continuity of preexisting drainage patterns over and across the tract, to the extent possible, and shall otherwise be such as to adequately provide for the maintenance of preexisting drainage patterns and flows both with respect to quantity and rate of runoff, so as to not adversely affect drainage on neighboring properties.
B. 
All stumps, boulders and other debris resulting from the excavation or appurtenant activities 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 four inches, and sufficient topsoil shall be stockpiled on the premises to provide complete ground cover for the exposed area.
D. 
The reclamation 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. 
Reclamation 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. 
Reclamation shall be a continuous operation, subject to review and approval not less than at annual inspection and at the termination of the permit period. Topsoil grading and planting of the area designated for reclamation during the permit period shall have been completed before a permit renewal is granted, weather permitting, or at the Town Board's option, the applicant's mined land application must provide an acceptable plan for reclamation in lieu of its completion at the time of renewal.
G. 
Within two years 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 reclamation shall have been completed.
A. 
Nothing herein contained shall require a person to obtain a permit for moving of the hereinabove mentioned materials from one part of his premises or tract of land to another part of the same premises or tract of land when such is necessary for regrading or improvement of said land; provided, however, that:
(1) 
Any person engaged in the stripping, cutting, digging, grading, leveling or filling of any property (except land being prepared or maintained for agricultural production) when such activities may or do cause soil erosion by wind or water, pollution or contamination of surface runoff, streams or creeks, or unsightliness or may endanger the general health, safety or welfare shall be subject to review by the Sweden Planning Board which may determine that the aforementioned activities must be modified or terminated.
B. 
Nothing herein contained shall prevent a cemetery from excavating for a grave, headstone or monument and removing or storing the surplus dirt or material resulting from such excavation.
[Amended 8-22-2006 by L.L. No. 3-2006]
A violation of these regulations or any provisions or part hereof by any person, firm or corporation is hereby declared to be a violation for purposes of conferring jurisdiction upon the courts and judicial officers generally, and therefore in accordance with the provisions of the Penal Law of the State of New York a fine of not more than $250 or imprisonment for not more than 15 days, or both, can be imposed. Each day's continued violation shall constitute a separate violation. Notwithstanding the penalties herein provided, the Town of Sweden may enforce obedience to this article or any part thereof by injunction to restrain the violation thereof.
A. 
A permit shall be issued by the Town Clerk of the Town of Sweden, provided that all requirements set forth in these regulations have been complied with by the applicant. Such permit shall state on its face the permit period, the location of the activities covered by the permit, the name of the owner(s) and/or applicants and the conditions, if any, established by the Town Board in its resolution approving such permit application.
B. 
The applicant shall pay, prior to the issuance of a permit hereunder, the appropriate fee therefor as established by the Town Board by resolution from time to time.