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:
(1) A topographical map showing final grades and drainage
facilities.
(2) Calculations of necessary fill from other sources,
if such is needed.
(3) Methods and materials proposed for topsoil and planting
restoration.
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.