[HISTORY: Adopted by the Town Board of the Town of Kent 8-24-1970. (This chapter was originally adopted as an amendment to Ch. 77, Zoning, thereby adding a new Article XVI, Sand, Topsoil and Gravel Excavation, and was split off into a separate chapter 7-9-1973 by L.L. No. 10-1973.) Amendments noted where applicable.]
The Town Board may grant a temporary permit for the excavation of sand, gravel, topsoil, rock and other natural material in accordance with the standards and procedures established in this chapter.
[Amended 9-8-1970; 3-26-1973; 12-13-1999 by L.L. No. 5-1999]
A temporary permit may be issued upon the filing of a written application with the Town Board, together with all applicable fees as set forth in § 63-2.1 and a map and plan prepared by and bearing the seal of a land surveyor or professional engineer duly licensed to practice in the State of New York, said map and plan to designate the following:
Existing contour lines on the premises and proposed contour lines resulting from the intended excavation or removal of soil, shown on a map drawn to a scale of not less than 100 feet to the inch and with a contour interval not to exceed two feet.
Existing and proposed drainage on the premises.
Existing rivers, streams or watercourses on or adjacent to the premises.
Adjoining properties and streets.
Proposed truck access to the property.
A stormwater pollution prevention plan (SWPPP) consistent with the requirements of the Town of Kent Code, Chapter 66, Articles IV and V. The SWPPP shall meet the performance and design criteria and standards in Chapter 66, Article IV. The approved permit shall be consistent with the provisions of Chapter 66.
[Added 1-14-2008 by L.L. No. 2-2008]
Editor's Note: This local law also renumbered former Subsection F as Subsection G.
Such additional information as the Town Board may deem necessary in order to decide upon such application.
[Added 12-13-1999 by L.L. No. 5-1999]
All applications for a soil removal permit shall be accompanied by a fee which shall cover the reasonable cost associated with the processing and review of any such application submission or request, excluding SEQRA processing and review fees as set forth in Subsection E below.
All application fees shall be nonrefundable and shall be in an amount set forth in a fee schedule established, and amended from time to time, by resolution of the Town Board. No fees shall be required from the Town or any of its districts. Fees shall be paid to the Town of Kent by certified check.
The Town Board, in the review of any application presented to it, may refer such application to any planner, engineer, environmental expert, legal counsel or other professional as such Board shall deem reasonably necessary to assist it in the review of such application as required by law. Fees charged by such professionals shall be in accordance with fees usually charged for such services in the metropolitan New York region and pursuant to a contractual agreement between the Town and such professional. All such charges shall be paid by the Town upon submission of a Town voucher.
The Town Board may suspend its review of an application if all required fees are not paid to the Town of Kent. A building permit or certificate of occupancy or use shall not be issued unless all applicable fees charged in connection with the applicant's project have been paid to the Town.
No application or request shall be deemed complete for review purposes without payment of any and all applicable fees.
In the event that a positive declaration is issued by the approval authority, in accordance with the provisions and procedures of the New York State Environmental Quality Review Act (SEQRA), regarding the subject application, the following procedures shall be followed for that portion of the application review process:
The approval authority may require the establishment of a SEQR escrow account funded by the applicant, from which withdrawals shall be made to reimburse the Town for the cost of professional review services. An applicant, upon request, shall be provided with copies of any voucher for such services as they are submitted to the Town. Such reimbursable costs shall be in addition to any and all other required fees by this or any other section of this chapter or any other Town law, ordinance or regulation.
The applicant shall deposit with the Town SEQR escrow account funds as follows:
The applicant shall deposit an initial escrow amount to be determined by the approval authority based on its evaluation of the nature and complexity of the application and the pending SEQR process. Said initial escrow amount is only an estimate and is for the convenience of the applicant, and shall not be binding upon the approval authority.
When the balance in a SEQR escrow account is reduced to 1/2 of the initial escrow amount, the applicant shall deposit additional funds into such account to bring its balance up to 100% of the amount of the initial escrow amount, or to some lesser amount as deemed acceptable by the approval authority to complete the environmental review of the application. If such escrow account is not replenished within 20 days after the applicant is notified, in writing, of the requirement for such additional deposit, the approval authority may suspend its review of the application. A building permit or certificate of occupancy or use shall not be issued and no approval of plats, subdivisions, site plans, conditional use permits, special permits or any and all other development activities authorized by this chapter which are at the request of an applicant shall be granted unless all professional review fees charged in connection with the applicant's project have been reimbursed to the Town.
SEQR escrow fees shall not exceed the amounts allowed pursuant to SEQR 6 NYCRR Part 617, as may be amended from time to time.
After all pertinent professional service charges have been paid, the Town shall, upon request, refund to the applicant any funds remaining on deposit in the SEQR escrow account.
Collection of fees. All required fees shall be collected by the Clerk or Secretary of the Board having jurisdiction over the application.
The Town Board, upon receipt of the completed application as aforesaid described, shall hold a public hearing after publication of notice thereof in the paper designated by the Town Board at least 10 days prior to the hearing. The applicant is to receive 10 days' notice of the hearing by mail. The contiguous and adjacent property owners shall be notified by regular mail by the Town Clerk.
The Town Board shall approve, modify and approve or disapprove the application within 30 days and may grant a temporary permit, not exceeding one year, if it shall find that such excavation will not result in an ecological change which is detrimental to the area in question, or the creation of any sharp declivities, pits or depressions or unsightly conditions, soil erosion, the destruction of the fertility of the land, depressed land values, or create any drainage or sewerage problems or other conditions which would impair the use of the property in accordance with the Zoning Ordinance, and that such excavation will be in harmony with the general purpose and intent of the Zoning Ordinance, and if the Town Board further finds that the operation to be permitted is capable of being completed within the time provided in the permit.
A temporary permit shall be granted subject to the work's being performed according to the following standards and conditions:
The premises shall be excavated and graded in conformity with the proposed contour plan as approved.
Slopes shall not exceed 15° to the horizontal or such lesser slope that the Town Board may specify as necessary for the public health or safety, soil stability or for the reasonable use of the property after completion of the excavation.
No fixed machinery shall be erected or maintained in connection with the excavation and no building shall be erected on the premises except temporary shelters for machinery and a field office.
There shall be no excavation or removal within 100 feet of any street or property line, except that where the property to be excavated is considerably above street grade at the street line, removal may take place at a lesser distance from the street line if approved by the Town Board.
There shall be no sharp declivities, pits or depressions, and proper drainage will be provided to avoid stagnant water, soil erosion and water pollution during and upon completion of operations.
After excavation or removal, the premises shall be cleared of debris within the time provided in the permit.
The top layer of arable soil for a depth of 12 inches shall be set aside and retained on the premises and shall be respread over the premises, and a suitable ground cover shall be planted and grown to an erosion-resistant condition, upon the completion of the excavation or removal, in accordance with approved contour lines; and the permittee shall maintain and repair all streets and roads affected by the conduct of the excavation operations and by the transport of any and all materials to and from the site and within the site; and such work shall be completed within the time provided for in the permit.
If required by the Town Board for the protection of health, safety and general welfare, the area to be excavated or a portion thereof shall be enclosed within a fence of such type, height and location as the Town Board may specify.
The Town Board may establish a schedule, to be filed with the records of such application and temporary permit, showing:
Limitations on the days of the week or the hours of the day during which any work may be performed on the premises.
Limitations as to the size and type of machinery to be used on the premises.
Place and manner of disposal of excavated material.
Requirements as to the control of dust, noise and lighting, if permitted, so as to prevent results injurious or offensive to the general public.
The Town Board shall require the applicant to submit monthly reports, prepared by and bearing the seal of a land surveyor or professional engineer licensed to practice in the State of New York, showing the status and progress of the excavation.
The Town Board may alter any standards or conditions provided herein if in its judgment such alteration is necessary to maintain the purpose and intent of this chapter.
The Town Board may require the applicant to comply with the provisions of the "Selective Clearing" section of the Town of Kent Road Specifications, which provide for and establish minimum clearing of natural vegetation of road and building sites and prevention of storage, stockpiling and maintenance of shed, shelters or any other materials or equipment which will disturb the natural environment.
Editor's Note: See Ch. A80, Road Construction.
The applicant shall file with the Town Board a performance bond, in such form and with such surety as shall be acceptable to the Town Board, in such amount as the Town Board may deem sufficient to ensure the faithful performance of the work to be undertaken.
[Amended 9-26-2017 by L.L. No. 3-2017]
Any temporary permit issued pursuant to the provisions of this chapter may be revoked by the Town Board after notice in writing and a hearing, for the following reasons:
Violation of any conditions of the temporary permit.
Violation of any provisions of this chapter or any other law or regulation relating to the work permitted.
The existence of any condition or the doing of any act constituting or creating a nuisance or endangering the life or property of another.
Any person committing any offense against any provision of this chapter shall, upon conviction, be punishable as follows: by imprisonment for a term not exceeding 15 days or by a fine not exceeding $250, or by both such fine and imprisonment.