[Amended 2-1-2007 by L.L. No. 1-2007]
A. Before any excavation is commenced for any purpose, other than those excepted in §
67-3 of this chapter, and topsoil, earth, sand, gravel, stone or other earth produce is removed from the ground, the owner, agent of the owner or lessee of the premises shall obtain a permit therefor from the Town Building Inspector.
B. The New York State Department of Environmental Conservation
(DEC) is the entity responsible for administering the permits for mining applications
made to the state. It is the Town's intent to provide input on the conditions
that should be included in DEC mining permits issued for operations located
within the Town and to assist in the enforcement of any resulting DEC mining
permit conditions, as permitted by the state statute. The following procedure
shall apply for the approval of permits for mining operations requiring a
DEC permit, not previously approved:
(1) The Supervisor of the Town, upon receipt of a complete
application for a mining permit from the DEC or for an excavation permit from
the Town Building Inspector, shall submit said application to the Town Board
within 20 days following receipt.
(2) Recommendations of the Town Board. The Town Board shall,
within 30 days of the receipt of an application, provide the DEC with recommendations
on conditions to be included in the state mining permit, within the following
categories:
(a) Ingress, egress and the routing of mineral transport
vehicles on roadways controlled by the Town.
(b) Appropriate setbacks from property boundaries or public
rights-of-way.
(c) The need for man-made or natural barriers designed to
restrict access and the type, length, height and locations thereof.
(f) Whether mining is prohibited within the involved zoning
district.
(3) Upon receipt of the resulting DEC mining permit, the
applicant shall submit to the Town Board a copy of the permit and all information
provided to the DEC in support of the application. The Town Board shall accept
the information as a complete permit/site plat application, once the applicable
Town application fees have been received. The Town Board shall then incorporate
into the Town permit any conditions contained in the state mining permit related
to:
(a) Ingress, egress and the routing of mineral transport
vehicles on roadways controlled by the Town.
(b) Appropriate setbacks from property boundaries or public
road rights-of-way.
(c) The need for man-made or natural barriers designed to
restrict access and the type, length, height and location thereof.
(f) Reclamation requirements contained in the mine's
approved reclamation plan and surety bond.
C. For all mining operations not requiring a DEC mining permit, the procedure for use permit review and approval outlined in §§
67-6 through
67-9 shall be as follows: The application for each permit shall be in duplicate, in writing, signed and verified by the owner or occupant of the premises.
(1) Requirements. The application shall state:
(a) The name and address of the applicant.
(b) The name and address of each owner of the premises.
(c) The name and address of each tenant of the premises.
(d) A description of the premises sufficient to readily identify
the same.
(e) A statement of each mortgage or other lien upon the premises,
together with the name and address of the holder of each mortgage or other
lien upon the premises.
(f) A certification showing payment of all taxes and assessments
to date for the property as described in the application.
(g) A statement setting forth the nature of the proposed
excavation and whether it is proposed to remove sand, gravel, stone minerals
or topsoil from the premises and, if so, the approximate area from which it
is proposed to remove such materials and approximate depth of excavation in
relation to United States Geodetic Survey elevations.
(h) Each application shall be accompanied by a statement
in writing, signed by each owner, tenant and/or lessee of the premises other
than those signing the application and also by holder of each mortgage of
other lien upon the premises, consenting that the proposed excavation be made
and the materials removed from the premises.
(i) Aerial maps and photographs may be used to supplement
any plan submitted with the application, if flown not earlier than two months
prior to application, and if the photograph shows the proposed plan (minimum
scale: one inch equals 200 feet).
(j) A plan drawn to scale and showing the location of streets
or roads adjoining the premises; the names of the adjacent property owners;
location of all adjacent structures within 100 feet of the property line;
the location of the premises and dimensions of that portion of the premises
upon which the excavation is to be made; the location, size and use of any
existing or proposed structures; the average thickness of overburden and a
proposal for disposal of same; cross sections of the property at intervals
of 50 feet showing existing elevations at intervals of 50 feet and also any
break in grade; and the elevation of the premises as compared to the elevation
of any abutting streets or roads. The plan shall show contours and the elevation
of the floor of the excavation and the side slopes at the time of the expiration
of the permit for which the application is presented. The elevations and dimensions
shown on the plan shall be referenced to at least two permanent monuments,
established as the Town Board may require. The scale of such plan shall be
one inch equals 100 feet.
(k) A reclamation plan pursuant to Article
III of this chapter.
(l) A certificate signed by the Superintendent of Highways,
Town of Wheatland, stating that the proposed excavation or excavations and
the finished grades of the land, as shown on the plan or plans and application,
will not interfere with the drainage of or endanger any road, street or highway
or other property of the State of New York, County of Monroe, Town of Wheatland
or private owners bordering the development.
(m) A certification signed by the Town Engineer that the
proposed excavation or excavations, the proposed finished grades of the land
as shown on the plan or plans and the proposed erosion control measures, restoration
and revegetation of the site are adequate to meet the needs for the present
and the future of the developed area.
(n) A certificate or a policy of public liability insurance
covering bodily injury and property damage. The minimum amount of bodily injury
coverage shall be $300,000 for one person and $500,000 for more than one person,
and $100,000 for property damage.
(o) Ingress, egress and the routing of mineral transport
vehicles on roadways controlled by the Town.
(p) Any additional information pertinent to the application
which may be required by the Town Board or the Building Inspector.
(2) Conditions.
(a) No permit shall be valid for a period of more than two
years.
(b) The proposed operation shall not adversely affect soil,
drainage and lateral support of abutting land or other properties nor shall
it contribute to soil erosion by water or wind. Adequate siltation and erosion
control measures shall be specified with the application.
(c) All machinery shall be muffled so as not to exceed 65
dBA at the property line.
(d) There shall be no operations of any kind on Sundays or
public holidays. Within 1,000 feet of any residence, there shall be no operation
on weekdays between 7:00 p.m. and 7:00 a.m. except by special permission of
the Town Board.
(e) There shall not be excavation or mechanical equipment
operation nearer than 50 feet to any lot line except as approved by the Town
Board.
(f) Where any open excavation will have a depth of 10 feet
or more and create a slope of more than 60° with horizontal, there shall
be a substantial fence at least six feet in height with suitable gates blocking
access to the area in which such excavation is located. Such fence shall be
approved by the Town Board and be located 50 feet or more from the edge of
the excavation.
(g) The slope of material in any excavation shall not exceed
the normal angle of repose or 60°, whichever is less.
(h) That portion of access roads within the area of the permit
and located within 500 feet of a lot line of an excavation operation shall
be maintained with a dustless surface. Said access shall not be permitted
within 200 feet of any adjoining residence unless a waiver is granted by the
adjoining land owner.
(i) After any such operation, the site shall be made reusable for a use permitted in the district in accordance with Article
III of this chapter. Where topsoil is removed, sufficient arable soil shall be set aside for retention on the premises and shall be respread over the premises at a minimum four-inch depth after the operation. Topsoil shall not be removed from the site. The area shall be brought to a final grade by a layer of earth of two feet or original thickness, whichever is less, capable of supporting vegetation. Fill shall be suitable material approved by the Town Board consisting of clean, noncombustible material containing no garbage, refuse or deleterious matter.
(j) Proper measures, as determined by the Town Board, shall
be taken to minimize the nuisance of noise and flying dust or rock. Such measures
may include, when considered necessary, limitations upon the practice of stockpiling
excavated materials on the site.
(k) At all stages of operation, proper drainage, subject
to the approval of the Town Engineer, shall be provided to prevent the collection
and stagnation of water to prevent harmful effects upon surrounding properties.
(l) Security.
[1] Before site plan approval is granted, the owner or his
agent shall execute a certified check or irrevocable letter of credit made
payable to the Town of Wheatland sufficient in the opinion of the Town Board
to secure rehabilitation of the site in accordance with the approved site
plan. Any such security shall be approved by the Town Board as to form, sufficiency
and manner of execution and shall run until all rehabilitation conditions
have been met.
[2] In the event that the owner or his agent does not fulfill
the conditions of the security, the Town shall, after due notice to the operator
and upon failure to comply with the terms of the site plan approval, proceed
to rehabilitate the premises in accordance with the plan, either with its
own forces or by contract, and shall charge the costs to the owner or security.
[Amended 7-10-1980 by L.L.
No. 6-1980]
Before the issuance of a permit, the applicant and the owner of record
of the land shall execute and file with the Building Inspector a bond or certified
check or other negotiable security, approved by the Town Board of Wheatland
in an amount to be fixed by said Board, conditioned upon the faithful performance
of the conditions of this chapter and the observance of all state, county
and municipal regulations and laws and indemnifying said Town for any damage
to Town property, including Town highways, and further conditioned upon the
faithful completion of any required filling, leveling off, sloping, grading
and reseeding which may be a condition of the permit. Said security shall
remain in full force and effect until an inspection of the site by the Building
Inspector and the Monroe County Soil and Water Conservation District staff
or other duly authorized agents and a certificate of completion shall have
been issued by the Building Inspector, certifying that all provisions of this
chapter and all conditions of the permit have been fully complied with. Applications
for certificates of completion shall be made by the owner, lessee or agent
of the owner or lessee, on forms provided by the Town, prepared by a duly
licensed engineer or land surveyor of the State of New York who shall certify
that the condition of the land is as required by the permit and as stated
in the original application.
The Town Board, when the application together with all necessary supporting documents has been submitted, and upon the considerations set forth in §
67-2 of this chapter, shall thereafter authorize the Building Inspector, upon payment of the appropriate fees, to issue said permit or shall deny the same or shall authorize the issuance thereof subject to such terms and conditions as may be just and proper for the preservation of the safety, health and general welfare of the people of the Town of Wheatland.
[Amended 7-10-1980 by L.L.
No. 6-1980]
The Town Clerk, after certification by the Building Inspector that all
applicable conditions and requirements of this chapter have been met, shall
charge and collect therefor the fee established by the Town Board with respect
to the operation for which the permit is sought, upon the approval of the
Town Board as hereinafter set forth. Fees shall be paid on an annual basis
on or before May 1 of each year.
The submission of an application under the terms of this chapter and
the issuance of a permit by the Town Board shall be deemed to be consent on
behalf of the applicant to permit the Town Board, the Building Inspector or
any authorized agent of the Town to inspect said premises at all reasonable
times to determine whether or not the provisions of this chapter are being
complied with.