[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.
(d) 
The control of dust.
(e) 
Hours of operation.
(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.
(d) 
The control of dust.
(e) 
Hours of operation.
(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.
A. 
All permits expire two years after the date of issuance, unless otherwise extended or reduced by the Town Board.
B. 
Excavations in operation at the time when this chapter becomes effective may continue, except that the owner, lessee or operator shall, within 90 days of the effective date of this chapter, apply for a permit in accordance with the provisions of this chapter. In passing upon such applications with reference to existing excavations, the Town Board shall have the power to vary or modify the application of any of the regulations or provisions of this chapter to the end that the spirit of this chapter shall be observed, public safety and welfare secured and substantial justice done.
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.