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.
A.
Prior to commencing any excavation or appurtenant
activities, an application for a special permit shall be filed with
the Town Clerk and approved by the Town Board, pursuant to the provisions
of this chapter.
B.
The Town Board may submit the application to the Town
Planning Board, the Town Conservation Board, the Town Engineer, the
Monroe County Department of Planning and Development and the Monroe
County Soil and Water Conservation District or such other body or
person it may deem suitable for review and recommendations.
[Amended 4-18-2000 by L.L. No. 1-2000]
C.
The Town Board shall fix a reasonable time for a public
hearing on the proposed special permit and shall publish notice thereof
in a newspaper of general circulation in the Town not less than 10
days nor more than 30 days prior to the date of the hearing.
D.
Approval or denial of the application by the Town
Board shall be rendered within 60 days after the public hearing except
if both the Town Board and the applicant mutually consent to a time
extension.
E.
Permits for commercial excavation operations shall
be issued for a period of up to five years. Permits issued subject
to these regulations shall, however, be conditioned upon the applicant's
receiving a certificate of compliance every six months following its
issuance after site inspection and review by an agent of the Town.
F.
The applicant shall have 30 days in which to remedy
any deficiencies reported in such site inspection and review. If such
deficiencies are not remedied within the thirty-day period, the Town
Board may revoke the special permit and proceed against its security
in accordance with the terms thereof.
G.
The renewal of a special permit for excavation shall
follow the same procedures as those required in this chapter for the
original permit, unless specific parts of the procedure are waived
by the Town Board.
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.
A.
The application for a special permit shall be signed
by the applicant and by each owner of the premises other than the
applicant and shall include the following information:
B.
When applicable, the applicant shall furnish evidence
of a valid permit from the New York State Department of Environmental
Conservation pursuant to Title 27, Article 23, of the Environmental
Conservation Law.
C.
All applications for a special permit under this section
shall contain an operations plan in sufficient detail to describe
the excavation operation, including active excavation and storage
areas.
D.
Each application shall include vertical aerial photographs
at a negative scale no smaller than one inch equals 1,000 feet which
are certified as drawn not earlier than one year prior to the date
of application. The area covered by the aerial photographs shall include
all land within a distance of at least 1,500 feet from the limits
of the tract proposed for the permit.
E.
Each application shall include location maps in the
form of overlays to the aerial photographs depicting the boundaries
of the area proposed for the permit and the area which has been excavated
and identifying all existing private and public land uses within a
distance of at least 1,500 feet of these areas.
F.
Each copy of the application shall include a natural
features map prepared by a licensed engineer or surveyor at a scale
no smaller than one inch equals 200 feet. The map shall show the following,
both within the tract proposed for the special permit and within 500
feet of the tract:
G.
Each copy of the application shall include an operations
map, presented as an overlay to the natural features map. The following
features, including the area devoted to each, shall be shown:
(1)
Existing and proposed excavation areas.
(2)
Existing and proposed appurtenant activities,
identified by type.
(3)
Existing and proposed access roads, identified
by width and type of surface material.
(4)
Existing and proposed parking facilities, identified
by type of surface material.
(5)
Existing and proposed fencing and buffers, identified
by height and type of material.
(6)
Areas where topsoil will be temporarily stored
for use in restoration.
H.
Each copy of the application shall include a restoration
plan, presented as an overlay to the natural features map and consisting
of appropriate supplementary descriptive materials. The restoration
plan shall include the following:
(1)
Boundaries of the area proposed for restoration.
(2)
Final topography of the area proposed for restoration
at contour intervals of five feet.
(3)
Final surface drainage patterns and the location
and characteristics of artificial drainage facilities in the area
proposed for restoration and in contiguous areas.
(4)
Depth and composition of topsoil proposed to
be used in restoration.
(5)
The type and density of trees, shrubs and other
vegetation proposed to be used in restoration.
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.
A.
The active disturbed area which has not been restored
shall, at all times, be limited to the minimal acreage necessary to
economically conduct the excavation operation.
B.
All structures and appurtenant activities shall conform
to the setback requirements of this chapter except that sedimentation
ponds may be located within the setback area if the applicant demonstrates
that the topography necessitates such a location and also demonstrates
that, where appropriate, sufficient safeguards such as a buffer will
be provided for the protection of neighboring residents.
C.
Access roads and parking.
(1)
All access roads shall be designed to take advantage
of buffers and to include curbs or other features to screen, as much
as feasible, excavation and appurtenant activities from public view.
The junction of access roads and public roads shall be at an angle
of not more than 10° deviation from a right angle.
(2)
The first 200 feet of access to the excavation
site adjoining a public road shall be paved.
(3)
Sufficient off-street parking shall be provided
for company employees and visiting vehicles. The parking of any vehicles
on a public right-of-way or the parking of vehicles so as to impede
traffic or create a traffic hazard shall be prima facie evidence of
failure to provide adequate parking.
D.
Preservation of natural features.
(1)
Topsoil. All topsoil shall be stripped from
the active excavation area and stockpiled for use in accordance with
the restoration plan. Such stockpiles shall be seeded, covered or
otherwise treated to minimize the effects of erosion by wind or water
upon public roads, streams or other water bodies or adjacent property.
This provision shall apply to all excavations except those for topsoil
removal, in which case the provision shall apply for only that topsoil
which has been stripped for use in the restoration plan.
(2)
Landscape. Existing hills, trees and ground
cover fronting along public roads or adjacent property shall be preserved,
maintained or supplemented by selective cutting, transplanting and
the addition of new trees, shrubs and other ground cover for the purpose
of providing a buffer. If the existing topography and vegetation do
not lend themselves to such treatment, the operation shall take into
consideration the potential of grading back overburden around the
perimeter of the excavation site to create a berm for the purpose
of providing a buffer, provided that the berm is properly landscaped
with trees, shrubs or other ground cover.
(3)
No excavation shall be allowed closer than 50
feet to a river, stream, lake or other natural water body. Soil erosion,
sedimentation and ground water seepage shall be controlled so as to
prevent any negative effects on bodies of water, public roads and
neighboring properties.
A.
Where topsoil existed prior to excavation, it shall
be respread over the excavated area to a minimum depth of six inches.
B.
The restoration area shall be planted with trees,
shrubs, grass or other vegetation so as to provide for screening,
natural beauty and soil stability. The planting shall follow acceptable
conservation practices.
C.
Restoration shall be undertaken in such a way that
natural and storm drainage, where it enters and leaves the premises,
shall be altered only to the minimal degree necessary to carry out
excavation and appurtenant activities. Any alterations of natural
and storm drainage shall not adversely affect public roads or neighboring
property owners.
D.
Restoration shall be a continuous operation, subject
to review and approval at each semiannual inspection and at the termination
of the permit period. Topsoil grading and planting of the area designated
for restoration during the special permit period shall have been completed
before a permit renewal is granted.
E.
Within six months after termination of excavation
operations, all equipment, buildings, structures and other unsightly
evidence of the operation shall have been removed from the premises
or disposed of by approved methods, and all restoration shall have
been completed.
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.
