The Town Board may approve an application for
commercial excavation and/or mining operations in the RR Rural Residential
District, provided that the following standards and provisions are
maintained.
After the approval of the application and before
the issuance of any special permit, the applicant and each owner of
record of the premises other than the applicant shall jointly execute
and file with the Town Clerk security, in form satisfactory to the
Town. The security shall be required to assure that the conditions
stipulated in the approval of the special permitted use permit, including
the restoration of the site and reclamation of mined land in accordance
with the approved site plan, are carried out.
In approving or denying a special permit for
excavation, the standards and considerations taken into account shall
include, but not be limited to, the factors concerning the proposed
excavations, appurtenant activities and restorations as follows:
A. Whether they are in accord with the intent of the
Town Comprehensive Plan.
B. Whether they will render the land unproductive or
unsuitable for agricultural or development purposes.
C. Whether they will impair the aesthetic or natural
environment of the excavation area or surrounding area.
D. Whether they will affect the character of surrounding
land use.
E. Whether they will create excessive traffic or impair
the quality of the existing and proposed thoroughfares, community
facilities and drainage.
Any use of any building, structure or premises
for excavation or appurtenant activities now lawfully in existence
may be continued for a period of six months from the effective date
of this chapter, after which time no further excavation, appurtenant
or restoration activities may take place except in accordance with
the terms and conditions of a special permit therefor issued by the
Town Board. Any special permits issued for continuance of existing
excavation activities shall be guided by the same standards as permits
for new excavation activities, except that consideration shall be
given to circumstances already existing insofar as literal enforcement
of the standards herein may be more stringently applied to an existing
activity than they would be if such activity were new.