As used in this chapter, the following terms shall have the
meanings indicated:
APPLICANT
That person making application for a permit and who is responsible
for fulfilling the requirements for the restoration plan and all rules
and regulations promulgated hereunder. If the "applicant" is other
than the property owner, written proof must be presented showing authorization
from the property owner to the "applicant."
APPURTENANT ACTIVITIES
All on-site operations involved in the treatment, processing
or further fabrication of soil, sand, gravel or natural deposits,
including washing, sedimentation ponds, grading, sorting, grinding,
concrete batching plants, asphalt mixing plants and aggregate dryers.
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.
EXCAVATION
A cavity, hole, mine, pit or quarry on land formed by digging,
for the purpose of extracting clay, stone, gravel, sand, shale or
other natural minerals or the topsoil therefrom.
FARM
An area of land of a minimum of 10 acres which is used for
gain in the raising of agricultural products, including crops, livestock,
poultry or dairy products, and such use properly zoned.
MINE
Any pit or underground workings from which any mineral is
produced.
MINERAL
Aggregate, clay, gravel, sand, shale, stone or any other
solid material of commercial value found in or on the earth.
OPERATOR
Any owner, lessee or other person who operates, controls
or supervises the operation.
OWNER
That person having title to the tract of land.
PERSON
Any individual, public or private corporation, political
subdivision, government agency, partnership, association, trust, estate
or any other legal entity.
RESTORATION
The reparation to an environmentally acceptable natural state
of an area which has undergone physical change due to excavation and
related activities as reviewed by the Town Engineer and approved by
the Planning Board of the Town of Somerset.
TOPSOIL
Surface earth, including the organic layer in which most
plants have their roots.
This chapter shall apply to all territory within the Town of
Somerset, outside of the Village of Barker, whether or not said excavation
is governed by any other state or federal rule or regulation. Where
more than one law applies, the more stringent shall control.
The following operations and uses are hereby excepted from the
application of this chapter:
A. Excavations or removal of stone, gravel, clay, sand, shale, subsoil
or topsoil incident to highway, sidewalk or driveway construction
to the extent that said materials are removed solely from the bed
of said highway, sidewalk or driveway.
B. The moving of stone, gravel, clay, sand, shale, subsoil or topsoil
from one part of a premises to another part of the same premises incident
to the construction of a building or other improvement of land or
incident to landscaping.
C. Removal of excess stone, gravel, clay, sand, shale, subsoil or topsoil
from the area of a subdivision granted final approval by the Planning
Board of the Town of Somerset, provided that any such removal is in
accordance with plans and specifications approved by said Planning
Board.
D. Construction of sewage disposal systems.
E. Any noncommercial excavation operation conducted by the Town of Somerset,
including the cleaning of ditches by the Highway Department and/or
official of the Highway Drainage District or their authorized agent.
F. Construction of drainage facilities, ponds of less than one acre or farm lagoons of less than five acres on a farm as defined in §
96-2 which must be shown on a plan approved by the Soil Conservation Service of the County of Niagara. Such plan must be reviewed by the Planning Board to determine conformance with this section.
The Town Clerk shall forward a copy of the application to the
following:
A. Each member of the Town Board.
B. The Chairman of the Planning Board.
E. The Town Code Enforcement Officer.
The Planning Board shall hold a public hearing, shall publish
a notice in the official newspaper of the Town at least 10 days prior
to said public hearing and shall post the same on the official signboard
of the Town Somerset.
After the public hearing, the Planning Board may require any
additional conditions to be met in addition to those listed herein,
and the Planning Board shall have the power to vary standards and
conditions required herein which, in its discretion, would result
in unnecessary hardship to the applicant.
Prior to the issuance of any permit, the applicant must apply
to this Town for state environmental quality review (SEQR), and it is hereby declared that any excavation of material
shall be a Type I action, and it is the intention of the Town Board
or its agent to act as lead agent in relation to any and all applications
under this chapter. Further, prior to the issuance of any permit under
this chapter, the applicant must file with the Town all necessary
permits required by the State of New York for such excavation when
required.
In the Town of Somerset, no refuse, garbage or toxic waste of
any kind shall be deposited in any area excavated pursuant to the
requirements of this chapter.
This chapter shall be deemed an exercise of power of the Town
of Somerset to control excavation and to regulate the manner of construction
and removal of material from draining and cleaning and operating and
using lands in the Town for excavation purposes and to prohibit such
excavations which do not comply with these regulations.
[Amended 9-10-1996 by L.L. No. 2-1996]
A violation of any provision of this chapter shall be punishable
as a misdemeanor to the extent prescribed by law, and each violation
shall result in a fine not exceeding $500 for the first offense, a
minimum of $500 and a maximum of $1,000 for a second offense within
five years and a minimum of $1,000 and a maximum of $2,000 for a third
or subsequent violation within five years or imprisonment for a period
not less than 15 days and not more than one year, or both. Each week
of a continued violation shall constitute a separate violation. Also,
the Town Board, after five days' notice to the applicant, may
modify, suspend or revoke the permit upon any violation of the conditions
of that permit. Further, this chapter will authorize the Town Board
to initiate a proceeding in the Supreme Court of the State of New
York for injunctive relief in the event of a violation of any of the
conditions or requirements contained herein.
This chapter shall supersede any inconsistent law, rule or regulation
of the Town of Somerset.
The Code Enforcement Officer or any other person designated
by the Town Board shall be empowered to enforce this chapter and regulations
set forth herein. The issuance of a permit and acceptance of the same
by the applicant and landowners shall constitute permission for any
authorized Town officer or agent to enter the property subject to
the permit for inspection purposes.