[Adopted 11-30-1983 by L.L. No. 3-1983]
As used in this article, the following terms shall have the meanings
indicated:
EXCAVATION
The removal of sand, gravel, soil or other natural deposits by stripping,
digging or other means.
OVERBURDEN
Soil and all other natural material other than vegetation overlying
material to be excavated.
POND
A confined body of fresh water.
[Amended 8-22-2006 by L.L. No. 3-2006]
A violation of this article shall be punishable by a fine not in excess
of $250 or imprisonment for not more than 15 days, or both. Each day's continued
operation in violation of the restrictions contained herein shall constitute
a separate offense.
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.
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.
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.
[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.