[HISTORY: Adopted by the Town Board of the Town of Rush 6-11-1957. Amendments noted where applicable.]
It is hereby declared to be the policy of the Town Board of the Town of Rush to regulate the manner of construction on, removal of materials from, filling up, draining, cleaning, operating and using any lands or other premises for sand or gravel pits, stone quarries, stripping of topsoil or for other excavation purposes and the operation and use of any lands or premises for any of the aforesaid purposes so as to provide for health and general welfare of the people of the Town of Rush and prohibiting the use of any lands or other premises for the aforesaid purposes which do not comply with such regulations.
No excavation for purposes other than for the construction of a building or of a structure for which a permit has been issued or the location of public utilities, pipes and mains, grading for subdivisions or for the construction of a driveway, sidewalk or ponds pursuant to the Conservation Law or similar facility shall be commenced or continued except in conformity with the provision of this chapter, except that nothing in this chapter shall require a person to obtain a permit for or prevent a person from removing topsoil, or other earth products, from one part of his premises to another part of the same premises when such removal is necessary as an accessory use or is made for the purposes of farming or improving said property.
Before any excavation is commenced for any purpose, other than those excepted in § 51-2 of this chapter, and topsoil, earth, sand, gravel, stone or other earth product is removed from the ground, the owner, agent of the owner, or lessee of the premises shall obtain a permit therefor from the Town Board.
In all cases, the application for each permit shall be in duplicate in writing and signed by the owner or occupant of the premises.
It shall state:
The name and address of the applicant;
The name and address of each owner of the premises;
A description of the premises sufficient to readily identify the same together with a statement as to the condition of the surface of the land at the expiration of the permit;
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;
A certification of the County Finance Officer showing payment of all taxes and assessments to date for the property as described in the application;
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.
Each application shall be accompanied by a statement in writing signed by each owner of the premises other than those signing the application and also by the holder of each mortgage or other lien upon the premises consenting that the proposed excavation be made and the materials removed from the premises.
The Town Board may request, in addition to the requirements set forth in § 51-3A, any or all of the following information:
A three-dimensional extent of the proposed excavation and the condition of the surface of the land of the premises before work is commenced and the proposed condition of the surface of the land of the premises after the work is commenced;
A plan drawn to scale and showing the location of streets or roads adjoining the premises; the names of adjacent property owners; 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; 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.
This plan shall show the elevation of the floor of the excavation 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.
In order that the Town of Rush be in an assured position to enforce the provisions of this chapter, and have the completed excavation meet the provisions of this chapter and other applicable ordinances of the Town of Rush, there shall be filed with the Town Clerk, an easement giving the Town of Rush the right to have officers or employees of the Town enter on the premises to enforce the provisions of this chapter and require such work to be done as may be necessary to meet the conditions of the permit.
General application. All excavations for the removal from any land or premises of sand, gravel, stone or other minerals or topsoil shall be subject to the following regulations:
No excavation shall be made so as to be greater in area and depth or in excess of the dimensions as stated in the application for the permit, except that area or depth of an excavation may be greater provided that sufficient materials from the excavations have been stockpiled on the premises so as to assure that the provisions of the permit and of this chapter can be met.
No excavation shall be made to a depth which, after the expiration of the permit, cannot be leveled to provide adequate drainage over contiguous land and not allow a pool of water to accumulate except where it is shown in the original plans of the surface at the expiration of the permit and is approved by the Town Board.
Incidental to gravel mining operations, topsoil and loam may be removed from the premises providing the entire area of the excavation can be reseeded with pasture mixture or other fast-growing surface vegetation at the conclusion of the excavation and such reseeding shall continue until the growth is reestablished.
No blasting operation shall be conducted in accordance with this chapter upon any premises unless the permit issued specifically permits blasting. Where blasting operations are conducted, open blasting shall be so covered and protected as to prevent rocks and debris from being thrown upon any adjoining highway or property, and in all blasting operations, heavy and excessive charges of such a nature as to produce concussion and vibration of the underlying strata so as to produce damages to adjoining premises are prohibited.
During any excavation all reasonable precautions shall be taken concerning the accumulating of water in the area in which gravel is being excavated; the loading of all trucks or other vehicles removing sand, gravel, stone or other materials from the premises; the prevention of dust and sand from flying or being blown from the premises; the erection of stop signs and warning signs; securing clear views and visibility of all exits and entrances from and to the public highways and the location of all such exits and entrances.
Bank excavations and operations.
No bank excavation or operation to which this chapter is applicable shall be carried on less than 75 feet inside the right of way if it will cause or increase a minus slope from said property line.
A minus slope not to exceed 10% is allowable in other portions of the excavation if the submitted plans for the surface of the land after the termination of the permit show adequate runoff from the pit area to prevent accumulation of water.
Such minus slope may be increased with permission of the Town Board if the topography of the land after the termination of the permit indicates such variances are necessary or advisable for normal development.
No excavation may he carried on within 25 feet of the property line of adjacent owners unless the written consents of such owners, mortgagees or other persons having liens upon the premises, if any, are filed with the Town Board.
Pit excavations and operations. No pit excavations or operations shall be carried on or permitted except after application is made to the Town Board for a permit in accordance with the provisions of this chapter and after a public hearing is held, which public hearing shall be conducted in accordance with the provisions of the Town Law. If, after such public hearing, the Town Board shall determine that the pit excavations, as set forth in the application, will not unreasonably interfere with the public health, safety and welfare of the residents of the Town of Rush, a permit may be issued and said pit excavations shall be governed and operated by the following provisions:
The slope of the cut of any excavation shall not exceed 40% except that during active operations the slope may be increased providing that adequate barricades and signs are maintained. No such excavation or operation shall be closer to the highway line or private property lines than set forth in the Subsection B for bank excavations.
Water used in washing operations, if permitted, shall not be discharged into a stream or natural drainage channel unless all suspended materials have been removed by use of settling basins or percolation beds.
The floor of the completed excavation shall not be of a greater depth than 5% of the lesser horizontal dimension of the excavation measured at the top rim of the excavation, but shall not exceed 20 feet in depth; except that the Board may vary, by resolution, the application of this requirement in harmony with the character of the excavation and the type of earth product being removed from the premises.
After the approval of an application by the Town Board and before the issuance of any permit, the applicant and each owner of record of the premises other than the applicant shall jointly make, execute and file with the Town Clerk a bond with sufficient sureties or cash as approved by the Town Attorney in the amount of $500 if the excavation is 1/2 acre or less, and $1,000 if the excavation is in excess of 1/2 acre.
If the Town Board shall determine that the circumstances warrant a higher bond because of the nature of the excavation, the Town Board may require, in its discretion, a bond not to exceed $2,000; however, should the applicant desire a permit to conduct blasting operations in connection with the proposed excavation, the Town Board may require an undertaking not to exceed $10,000.
Such bond shall be a surety and condition for the faithful performance of the conditions contained in this chapter and the observance of all other applicable ordinances and laws. The principals and surety shall agree to indemnity and save harmless the Town of Rush and the Superintendent of Highways of said Town from any and all damage to property of said Town which may be caused by the contemplated excavation or any operation in connection therewith, and in the event the applicant applies and receives a permit to conduct blasting operations in connection with the excavation, the undertaking shall, in addition to the foregoing provisions, contain an undertaking on behalf of the principals and surety to indemnify all property owners, both public and private, against any damage caused by reason of said blasting operation. In event of default of compliance with the conditions of this chapter and other applicable ordinances and laws, such bond shall be forfeited to the Town of Rush.
Such bond shall continue in full force and effect until a certificate of compliance shall have been issued by the Town Board to the effect that all provisions of the chapter and of the permit have been met.
Upon the completion of bank excavation, the holder of the permit shall file with the Town Board a statement that the provisions of the chapter and of the permit have been fully met.
Upon the completion of pit excavation, the holder of the permit shall file with the Town Board a statement that the provisions of the chapter and of the permit have been fully met, and in addition thereto, shall file a plot plan drawn to scale showing cross sections of the affected property, giving elevations as provided in § 51-3B of this chapter prepared by a licensed engineer or land surveyor, of the State of New York, after completion of the excavations.
Real property taxes and assessments levied on the property for which a permit has been issued shall be paid in full within 90 days of the date of levy. Failure to pay real property taxes and assessments within such ninety-day period shall be a violation of this chapter and the permit shall be null and void.
Before the issuance of any permit, the applicant shall pay at the time of the submission of the application a fee of $5 for a permit covering an area of not exceeding 15,000 square feet and a fee of $10 for an area exceeding 15,000 square feet; provided, however, should the applicant desire a permit to conduct blasting operations in connection with the proposed excavation, the fee for the issuance of the permit shall be not more than $100.
Permits for the operation of earth products excavation shall expire on January 1 next succeeding the date of issuance, but if such shall occur in less than six months, the same shall be renewable for the succeeding year for a permit fee of 1/2 of the fee set forth in § 51-7. The fees for all other renewals shall be the same as for the original application.
Excavations established prior to the effective date of this chapter may be conducted and the owner, lessee or operator thereof shall within 90 days of such effective date comply with the provisions thereof.
The issuance of a permit pursuant to this chapter shall not be determined to waive compliance by the holder thereof or by the property owner with any statute of the State of New York or any ordinance of the Town of Rush.