All excavations and appurtenant activities commenced
henceforth shall be in conformity with the provisions of this chapter
and shall be located only within areas specifically permitted according
to the provisions of this article. Excavations in operation at the
time when this article becomes effective may continue and will be
issued a temporary excavation permit for 180 days. The owner, lessee
or operator shall then apply for a permit within 180 days of the effective
date of this article, as adopted.
Before any excavation or appurtenant activities
are commenced, the owner, agent or lessee of the premises shall file
with the Town Board an application for permit and a filing fee required
by the Town in a resolution establishing such fees. In all cases,
five copies of the application for each permit shall be signed by
the owner of the premises if other than the applicant. It shall include
but not be limited to the following information:
A.
Name and address of the applicant and of each owner
of the premises.
B.
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.
C.
A certification of the County Finance Officer showing
payment of all taxes and assessments to date for the property as described
in the application.
D.
Vertical aerial photographs, five copies, at a negative
scale no smaller than one inch equals 1,000 feet and certified as
flown not earlier than one year prior to the date of application.
The area covered by vertical aerial shall include:
(1)
All land being requested for excavation permit and
all contiguous land which is being or has been used by the owner or
lessee for excavation or appurtenant activities.
(2)
All public roads bounding the proposed excavation
site and all structures adjoining property within 100 feet of the
property line.
(3)
A location map in the form of an overlay of the vertical
aerial photography, covering the land within at least 1,000 feet of
the boundaries of the entire land proposed for permit, showing existing
classification of public and private land use.
E.
An identification plat of which five copies shall
be prepared by a licensed engineer or surveyor at a scale of one inch
equals 100 feet. This plat shall be submitted to the Town Engineer
and shall be subject to his approval as to the sufficiency of data
shown thereon. The plat shall show:
(1)
The boundaries of the entire tract proposed for permit,
by bearing and distance, existing topography at five-foot contour
intervals and the location of all water sources within 500 feet of
the tract proposed for permit.
(2)
Average thickness of overburden within the boundaries
of the tract proposed for permit.
(3)
Means of vehicular access and type of surface to the
tract proposed for permit.
(4)
Areas of trees and woodlots.
F.
An operations map showing the plan for the operation
of excavation and appurtenant activities, which map shall be presented
as an overlay to the identification plat. All of the following operations,
including the acreage to be devoted to them, shall be shown:
(1)
Area of active excavation and area requested for excavation;
area of active appurtenant activities and area requested for appurtenant
activities.
(2)
Area where topsoil and overburden will be temporarily
stored for the future use of restoring excavated areas.
(3)
Existing and/or proposed fences or berms, by height
and type.
G.
A plan for restoration and revegetation shall be presented
as a map, five copies, at the same scale as the identification plat.
The restoration plan shall be referred to the Monroe County Soil and
Water Conservation District for their recommendations. All of the
following items shall be included in the restoration plan:
A.
Prior to a public hearing held by the Town Board,
all maps, aerial photographs and data filed with the application shall
be submitted to the Planning Board, the Monroe County Department of
Planning, the Monroe County Environmental Management Council, the
Monroe County Soil and Water Conservation District and the Town Conservation
Commission for review and recommendations. The Code Enforcement Officer
shall be responsible for receiving and processing all applications
for permits for excavation and appurtenant activities and coordinating
the annual site inspection. Approval or denial of the application
shall be rendered within 60 days after a complete application is filed
by the applicant, unless both the Town Board and the applicant mutually
consent on a time extension. The running of this sixty-day period
will be suspended any time during which the application is returned
to the applicant for the furnishing of additional information. The
application shall be presumed approved if the Town Board has not made
a decision at the end of the sixty-day period.
B.
Renewal. If all operations undertaken pursuant to
any permit issued hereunder have been conducted in full compliance
with the terms of such permit and all provisions of this chapter,
the time limit of such permit may be renewed by the Code Enforcement
Officer upon recommendation of the Planning Board and the Town Engineer
for a period no greater than that for which the permit was originally
issued. At least 10 days before taking any such renewal action, the
Code Enforcement Officer shall cause to be posted on the land affected
a notice of the proposed renewal and a statement indicating clearly
both the property affected and the nature of the operation. All ordinances
and regulations in effect at the time a renewal is granted will apply
to the renewal permit in the same manner as when a new or original
permit is issued.
After the approval of the application 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 letter of credit in an amount approved
by the Town Engineer for each acre of land within the area to be used
for excavation and appurtenant activities. The above party or parties
guarantee that either upon termination of the permit or the operation,
whichever may come first, the ground surface of the land so used shall
be restored in conformity with both the approved specific requirements
and the standards set forth in this chapter. In the event of default
of compliance with the conditions of this chapter and any other applicable
laws, such credit shall be forfeited to the Town. The Town shall return
to the applicant any amount that is not needed to cover the costs
of restoration, administration and any other expenses incurred by
the Town as a result of the applicant's default. Such credit shall
continue in full force and effect until a certificate of compliance
shall have been issued by the Town Engineer after consulting with
the Monroe County Soil and Water Conservation District and any other
agency(s) necessary to ensure that all provisions of this chapter
and of the permit have been met.
The owner or lessee of land under excavation
shall pay a removal fee, per ton of removed material, as set forth
in the Town's fee schedule adopted by resolution of the Town Board.
The fee shall be paid one year from approval date of the permit and
each year thereafter, but prior to annual site approval inspection.
A.
Permits for excavation within the geographical area
outlined in the permit application shall be issued for a three-year
period, subject to annual site inspection and approval by the Town
Engineer and any other agency(s) that the Town designates.
B.
The active excavation area shall not exceed a total
of five acres at any one time.
C.
No excavation shall be conducted closer than 100 feet to a public right-of-way or adjoining property line, except that grading may be conducted within such limits in order to provide adequate access to the premises. The setback area shall not be used for any use in conjunction with the excavations and appurtenant activities, except for one public notice sign for identifying use, buffer effect and those conditions stated in § 190-62H of this chapter pertaining to topsoil and subsoil preservation.
D.
All equipment, structures and other operation facilities,
including sedimentation ponds, shall not be closer than 200 feet from
the right-of-way of the public highway or from an adjoining property
line, except when the applicant demonstrates that the topography necessitates
the location of a sedimentation pond elsewhere and also demonstrates
that sufficient safeguards will be constructed or provided for the
protection of neighboring residents. Screening from public view will
be provided as required in this chapter and as may be additionally
required by the Town.
E.
Each tract of land to be granted a conditional use
permit for excavation must use only direct access to major highways
and have proof of legal rights to that access.
F.
All access roads shall be constructed to include a
curve so as to screen the operation from public view; provided, however,
that the junction of the access and the public road must be at an
angle of not more than ten-degrees deviation from a right angle (90º).
G.
Fencing shall be required on all sides of an excavation
area that is within 500 feet of a residential area, unless the depth
of excavation (vertical face) is less than 10 feet. Fencing shall
be erected no closer than 40 feet from a public right-of-way or an
adjoining property line. The fencing shall be at least five feet in
height and of a type listed in this chapter and shall be approved
by the Town Board.
H.
Topsoil and subsoil shall be stripped from the active
excavation area and stockpiled and seeded for use in accordance with
the restoration plan. Such stockpiles shall be treated to minimize
the effects of erosion by wind or water upon public roads, streams
or adjacent property. This provision applies to all operations except
that of topsoil removal.
I.
Landscape. Existing hills, trees and ground cover
fronting along public roads or adjacent property shall be preserved,
maintained and supplemented by selective cutting, transplanting and
addition of new trees, shrubs and other ground cover for the purpose
of screening and noise reduction. If, however, the existing topography
and natural vegetation does not lend itself to any economically feasible
supplement plan, the operation can, if properly landscaped with grass,
trees and shrubs, grade back overburden around the perimeter of the
excavation site to create a berm for the purpose of screening and
noise reduction. No berm shall be constructed within 25 feet of property
boundaries. The type and design of screening shall be approved by
the Town Board after referring the proposal to the Monroe County Soil
and Water Conservation District or the Town Conservation Board. Adequate
maintenance approval of the landscape by the Town Engineer shall be
required for all permit renewals.
J.
Lateral support. All operations shall be conducted
in a safe manner with respect to the likelihood of hazard to persons,
physical damage to adjacent land or improvement or damage to any street
by reason of slides, sinking or collapse.
K.
Hours of operation. The hours of operation shall be
only between 7:00 a.m. and 7:00 p.m., local time. No operations will
be allowed on Sundays. Loaded trucks shall not leave prescribed premises
before 7:00 a.m., except in the case of a public emergency or whenever
any necessary repairs to equipment are required to be made.
L.
Dust and dirt control. All access routes leading to
public highways shall be dust and mud free. All precautions, such
as oiling or watering, daily or more frequently if and when necessary,
shall be taken to prevent dust and dirt from being blown from the
premises. Also, the first 200 feet of access from public roads shall
be paved.
M.
Noise. Operations shall not be detrimental to adjacent
property nor unduly interfere with the quiet enjoyment of adjacent
property.
N.
Drainage system. An adequate and comprehensive drainage
system shall be provided to convey the stormwater runoff originating
on and crossing the premises in accordance with the natural direction
of runoff for the total watershed area. No excavation shall be allowed
closer than 50 feet from a natural stream. Sediment control measures
musts be installed to keep all sediment damage on the applicant's
property. The Town Engineer shall determine whether or not the system
and control measures are adequate before approval of an original or
renewal permit.
O.
Flood and erosion control. The applicant shall include
a plan for control of soil erosion and excessive groundwater seepage
to public roads, streams or adjacent property. The Town Engineer shall
determine whether or not the controls are adequate before approval
of an original or renewal permit.
A.
Slope. No slope shall be left with a grade steeper
than one foot on three feet; provided, however, that for quarry operations,
the Town Engineer shall certify the face of the quarry wall as safe
and acceptable and may require any means necessary to reinforce unsafe
faces.
B.
All debris, stumps, boulders, etc., shall be removed
from the site and disposed of or, in case of inorganic material, buried
and covered with a minimum of two feet of soil.
C.
Timing. Restoration shall be a continuous operation
subject to field review and approval at each annual inspection and
at the end of the permit period, by the Town Engineer and anyone else
designated by the Town Board. Grading of topsoil or cover material
and planting of the area designated for restoration during the permit
period shall have been completed before a permit renewal can be granted.
Plans for reuse of a quarry which do not call for restoration shall
be reviewed and approved by the Planning Board and the Town Engineer.
D.
Topsoil and fertilizing. Subsoil and topsoil shall
be respread over the excavation area to a minimum depth of one foot
(six inches of topsoil and six inches of subsoil). This soil shall
be treated with lime and fertilizer and seeded with a grass or legume
mixture prescribed by the Town Engineer after conferring with the
Monroe County Soil and Water Conservation District. Trees or shrubs
shall be planted in order to provide screening, natural beauty and
to reduce erosion. The planted area shall be protected from erosion
during the establishment period using approved conservation practices.
E.
During and upon completion of the excavation operation
(within six months after completion of the excavation operation) the
land shall be left so that natural drainage leaves the property at
the original drainage points. Also, the volume of drainage to any
one point shall not be increased.
F.
Within six months after termination of the excavation
operation, all equipment, building, structures, etc., shall be removed
from the premises and all restoration will have been completed.
