Town of Lewiston, NY
Niagara County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Lewiston Town Board as indicated in article histories.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Control of drainage — See Ch. 143.
Disposal of runoff waters — See Ch. 340.
Excavation in freshwater wetlands — See Ch. 181.
Specifications for public improvements — See Ch. 256.
[1]
Editor's Note: Former Ch. 8D, Excavations adopted 10-31-1977 by L.L. No. 10-1977, was repealed 2-2-1987 by L.L. No. 3-1987.
[Adopted 2-2-1987 by L.L. No. 2-1987 (Ch. 8D, Art. I, of the 1965 Code)]
This article shall be known as and may be cited as the "Excavation Control Law of Lewiston."
Although cognizant of the necessity and usefulness of excavations and related businesses, the Town Board of the Town of Lewiston is duty-bound to protect and promote the general welfare of its citizenry. While the Town of Lewiston does not desire to entirely prohibit excavations and related businesses within its boundaries; it does seek to make these activities more closely aligned with the rights of the general public to quiet, healthful and safe enjoyment of life and property. It is therefore declared to be the policy of the Town of Lewiston to regulate and control said excavations and related businesses by removing the dangers to health, safety and life caused by said activities.
As used in this article, the following terms shall have the meanings indicated:
APPURTENANT ACTIVITIES
All on-site operations involved in the excavation, grading, removal and transporting, stockpiling or further fabrication of soil, clay, sand, gravel or other natural deposits.
BUFFER
Trees, hills, fences, berms or other natural or artificial features which are located so as to conceal or separate the excavation site and related activities from other land uses and to reduce the negative effects on these land uses of noise, glare, dust, visual ugliness and other factors associated with the excavation site and related activities.
CLAY
Cohesive material consisting of fine-size particles and which is highly impermeable.
EXCAVATION
A cavity, hole, pit, quarry or surface regrading of land formed by digging or regrading for the purpose of extracting stone, gravel, sand, clay, shale or other natural minerals or the topsoil therefrom.
FARM
At least 10 acres of land used to produce saleable products by a farmer.
FARMER
An individual who owns or leases the land and works the land to produce saleable products. A "farmer" must be able to substantiate that at least 25% of his income is derived from the operation of a farm.
FARM POND OR LAGOON
A water-filled excavation on a farm to be used for irrigation or as a water source for livestock; not larger than one acre [43,560 square feet] nor deeper than 10 feet, measured from the high water line to the deepest point excavated. There shall be a maximum of one farm pond (exempt under § 150-5B) per farm. No one shall be allowed to subdivide a farm for the purpose of having multiple exempt farm ponds.
[Amended 12-12-1988 by L.L. No. 3-1988]
FENCING
A vertical barrier of sufficient height, depth and construction to deter the passage of humans or animals from one area to another.
GRAVEL
Loose rounded fragments of stone.
LAKE
An inland body of water which shall, for this article, be interpreted to include small ponds and lagoons as well as larger bodies of water.
PERSON
Includes any individual, corporation, firm, partnership or similar entity.
PLANNING BOARD or PLANNING BOARD OF THE TOWN OF LEWISTON
The Planning Board of the Town of Lewiston, Niagara County, New York.
RESTORATION
The reparation to an environmentally acceptable natural state of an area which has undergone physical change due to excavation and related activities.
SAND
Loose granular material, used in mortar, glass, abrasives and foundry molds, that results from the disintegration of rocks.
SHALE
Rock that is formed by the consolidation of clay, mud or silt; has a finely stratified or laminated structure; and is composed of minerals essentially unaltered since deposition.
STONE
A concretion of earthly or mineral matter.
SUBSOIL
The bed or stratum of earth or earthy material immediately under the surface of topsoil.
TOPSOIL
Surface earth, including the organic layer in which most plants have their roots.
TOWN BOARD
The Town Board of the Town of Lewiston, Niagara County, New York.
TOWN CLERK
The Town Clerk of the Town of Lewiston, Niagara County, New York.
TOWN or TOWN OF LEWISTON
The Town of Lewiston, Niagara County, New York.
This article shall be applicable to all territory within the Town of Lewiston, exclusive of any incorporated Village or Indian reservation, and shall include all excavation and regrading where surplus excavated material is a by-product of the excavation and/or regrading, whether or not said excavation or regrading is also governed by the Agriculture Stabilization Law or the New York State Mined Land Reclamation Law, Title 27.[1] Where more than one law applies, the more stringent requirements shall control.
[1]
Editor's Note: See the Environmental Conservation Law, § 23-2701 et seq.
The following operations and uses are hereby excepted from the application of this article:
A. 
Excavations or removal of stone, gravel, clay, sand, shale, subsoil or topsoil incident to highway, sidewalk or driveway construction, to the extent that said materials are removed solely from the bed of said highway, sidewalk or driveway.
B. 
The moving of stone, gravel, clay, sand, shale, subsoil or topsoil from one part of a premises to another part of the same premises incident to the construction of a building or other improvement of land or incident to landscaping.
C. 
Removal of excess stone, gravel, clay, sand, shale, subsoil or topsoil from the area of a subdivision granted final approval by the Planning and Town Boards of the Town of Lewiston pursuant to any applicable zoning ordinance of the Town of Lewiston, provided that any such removal is in accordance with plans and specifications approved by said Planning Board.
D. 
Construction of sewage disposal systems.
E. 
Any sanitary landfill site or dump operation conducted by the Town of Lewiston or on its behalf.
F. 
Any excavation operation conducted by the Town of Lewiston, including the cleaning of ditches by the Highway Department and/or an official of the Highway Drainage District or their authorized agent.
G. 
Construction of a farm pond or farm lagoon, provided that the farm and farmer meet the definition and that the plans are prepared by a licensed professional engineer and/or have been designed by the Agricultural Stabilization Conservation Service.
H. 
The construction of a one-acre farm pond is exempt from portions of this article, including the performance bond (§ 150-10), insurance (§ 150-11) and excavation fee (§ 150-12B). The construction of a farm pond will require the Town approval of a complete application, payment of a permit fee of $5,200 and following of the excavation law guidelines. In order to be exempt from the bond, insurance and excavation fee, the applicant must meet the following requirements:
[Amended 12-12-1988 by L.L. No. 3-1988]
(1) 
Provide plans prepared by either a licensed professional engineer and/or the Agricultural Stabilization Conservation Service.
(2) 
Provide certification, approvable by the Town Board, that construction will be located on a farm for a farmer. The Town Building Inspector shall require record drawings, showing actual size, shape, area and depth, to be submitted by a New-York-State-licensed land surveyor and/or Agricultural Stabilization Conservation Services. Bench marks must be on United States Geodetic Survey datum. Failure to provide record drawings shall be punishable under § 150-14 of this article. Further, the Town shall cause record drawings to be prepared by a New-York-State-licensed land surveyor and the cost assumed against the property.
No excavation activities shall be conducted within the Town of Lewiston after the adoption of this article without the operator thereof having first obtained a written permit from the Town Board, and no such operation shall be conducted beyond the expiration date of said permit or renewal thereof, nor at any time after said permit has been revoked, unless the operator of said operation holds a subsequently issued and currently effective permit under this article, except that no part of this article shall apply to operations excepted under § 150-5.
A. 
Each application for a permit, a renewal of a permit or an amended permit shall be filed in quintuplicate with the Town Clerk. Each copy of said application shall set forth and include:
(1) 
A statement including the name and address of each owner and mortgagee of the land to be used in the operation, as well as the name and address of each person holding a lien on such land.
(2) 
An abstract of title or other satisfactory evidence of the ownership of the land which is to be used in the operation.
(3) 
A statement as to the period of time required to complete the total proposed excavation operation, including restoration: maximum permit time to be two years and renewable for two-year periods. A renewal permit requires review and approval by the Town Board.
(4) 
A statement as to the zoning classification of the land on which the operation is to be conducted.
(5) 
Prints from vertical aerial photographs taken at a scale, on the original negative, no smaller than one inch equals 1,000 feet, which are certified as flown not earlier than 10 years prior to the date of the application. The area covered by the aerial photographs shall include all land within a distance of at least one mile from the limits of the tract proposed for permit. Prints from the aerial negatives shall be made at a scale of one inch equals 200 feet.
[Amended 12-12-1988 by L.L. No. 3-1988]
(6) 
Location maps, in the form of overlays to the aerial prints, giving the boundaries of the area proposed for permit and any area which has previously been excavated and identifying all existing public and private land uses and ownership within a distance of at least 1,000 feet of these areas.
(7) 
An engineering map prepared by a New-York-State-licensed engineer or surveyor at a scale no smaller than one inch equals one 100 feet. The map shall show the following, both within the tract proposed for permit and within 500 feet of the tract:
(a) 
Existing topography at contour intervals of one foot or grid elevations, to the nearest tenth of a foot, every 100 feet. Elevations shall be based on United States Geological Survey data and tied into bench marks currently used by the Town.
(b) 
Soil borings on a five-hundred-foot grid penetrating at least 20 feet below the bottom of the proposed excavation and an engineering report, prepared by New York State licensed engineer, regarding materials and their proposed use. If a lake is proposed, the report shall address the ability of the proposed lake to hold water.
(c) 
Drainage.
[1] 
Surface drainage pattern, including grades of all creeks or drainage at fifty-foot intervals for a minimum distance of 500 feet beyond the parcel of land covered by the permit. A site-discharge drainage ditch shall be profiled 1,000 feet off the site.
[2] 
Drainage systems to be installed to ensure proper surface drainage during and after completion of the work. Drainage and hydraulic calculations for all ditches, spillways, overflow structures, etc., shall be submitted with the engineering map.
(d) 
The location of all proposed and existing underground utilities and facilities.
(e) 
Exact conditions, profiles and cross sections of the premises before excavation and those proposed after excavation.
(f) 
Property lines, with dimensions and angles.
(8) 
Guidelines for acceptable standards of site designs, operation and restoration are appended hereto and made a part hereof.
[Amended 12-12-1988 by L.L. No. 3-1988]
(9) 
A stormwater pollution prevention plan (SWPPP), if required for the proposed excavation activity under Article II of Chapter 143 of the Town Code, together with the recommendation of the Stormwater Management Officer to approve, approve with modifications, or disapprove the SWPPP pursuant to § 143-5B of the Town Code.
[Added 12-27-2007 by L.L. No. 3-2007]
B. 
The Town Clerk shall forward to the Planning Board of the Town of Lewiston, the Engineer of the Town of Lewiston and the applicable department(s) of the Town of Lewiston a copy of all applications and documents filed with the Town Clerk as required by this section. The Town Board shall not grant any permit or renewal or amendment thereof, other than a temporary permit or renewal temporary permit, for 30 days after said referrals, to allow said Planning Board, Engineer and applicable department(s) to review the application and make their recommendations to the Town Board. Within the thirty-day period, the Planning Board may hold hearings on the application if it determines hearings are necessary. After the thirty-day period, the Town Board may grant or deny the application, regardless of whether any recommendations have been received. If a stormwater pollution prevention plan (SWPPP) was submitted pursuant to § 150-7A(9) of this chapter, the Planning Board shall not make a recommendation to approve the application unless the SWPPP and application, including the engineering map, comply with the performance and design criteria and standards set forth in Article II of Chapter 143 of the Town Code. Said recommendations, if submitted, shall not be binding on the Town Board. Nothing in this section shall prohibit the Town Board from holding preliminary hearings or conferences with the applicant or his representative.
[Amended 12-27-2007 by L.L. No. 3-2007]
The Town Board may, in its discretion, direct a public hearing if it determines that said hearing is necessary. Not more than 40 days nor less than 20 days before the public hearing, notice of the time and place of said hearing shall be published, pursuant to a resolution by the Town Board, in the newspaper or newspapers and posted on the official Town signboard.
A. 
Permits and amended and renewal permits may be issued by the Town Board pursuant to all the provisions of this article and subject to any additional conditions and/or restrictions imposed by the Town Board. The Town Board has full power and authority to vary those standards and conditions during the period of said temporary or permanent permits if strict enforcement thereof would result in unnecessary hardship to such operators resulting solely from the enactment of this article.
B. 
Approval or denial of the application by the Town Board shall be rendered within 30 days after the conclusion of the public hearing, if a hearing is required, or submittal of said application unless both the Town Board and the applicant mutually consent to a time extension. If a stormwater pollution prevention plan (SWPPP) was submitted pursuant to § 150-7A(9) of this chapter, the Town Board shall not approve the application or issue an excavation permit unless the SWPPP and application, including the engineering map, comply with the performance and design criteria and standards set forth in Article II of Chapter 143 of the Town Code. The applicant will be notified of the decisions, in writing, mailed to the address shown on the application.
[Amended 12-27-2007 by L.L. No. 3-2007]
C. 
Excavation permits shall be issued for a period of no greater than two years and shall be subject to semiannual site inspection and review by the Building Inspector, Town Engineer and any other agent designated by the Town Board. A report of the semiannual inspection, including excavation fees, shall be filed with the Town Board and sent to the owner and applicant. Inspection may also be made by an official Town agent at any reasonable time as deemed necessary by the Town. Refusal to permit a duly authorized person or agent to enter upon the premises for purposes of making any inspection authorized or required under the provisions of this article shall constitute a violation of the terms of the permit issued to such owner. The cost of semiannual inspections and other inspections reasonably required by the Town shall be charged to the escrow fund.
D. 
If, upon any inspection and review, it is determined that the excavation and appurtenant activities have not been conducted in full compliance with the terms of the excavation permit, the permit may be terminated by the Town Board, and the performance bond and excavation fee charges for this article shall be forfeited to the Town.
E. 
Renewal of an excavation permit upon its termination shall follow the same procedures as those required in this article for the original permit, except that, if an application for renewal was properly filed prior to the expiration of an existing permit, the term of the existing permit shall be deemed to be extended to the time that the Town Board files its decision in regard to the application for renewal.
F. 
The Town Clerk shall perform the function of executing any permit on behalf of the Town Board but shall do so only upon resolution or order of the Town Board setting forth any conditions and/or restrictions with respect thereto.
G. 
When any permit has been issued under this article, a transfer may be authorized and allowed by the Town Board upon the same conditions and/or restrictions as the original permit, and, in such event, the application for said transfer shall contain all the information, documents and maps required on an application for an original permit hereunder. Any such transfer shall be made subject to all the conditions and restrictions contained in the original permit, as well as any other conditions and/or restrictions the Town Board may impose, and such transfer shall not be authorized until all applicable requirements of this article have been met, at which time a certificate of the transfer may be issued by the Town Clerk on behalf of the Town Board or resolution or order of the Town Board.
A. 
After the approval of the application and before the issuance of any permit, the Town Board shall require that a performance bond be jointly and severally executed and filed with the Town Clerk by the applicant and all owners of record of the premises. Said bond shall be secured by a letter of credit or surety bond to the Town in the amount of at least $5,000 per acre, up to a total of $1,000,000. The above party or parties guarantee with said bond that, upon termination of either the permit or the operation, whichever may come first, the land shall be restored in conformity with both the permit requirements and standards set forth by this article. In the event of default of compliance, such letter of credit or surety bond shall be forfeited to the Town. The Town shall return to the applicant any amount that is not needed to cover the expenses of restoration, administration and any other expenses reasonably incurred by the Town as a result of the applicant's default.
B. 
Said bond shall continue in full force and effect until a certificate of compliance shall have been issued by the Town Engineer. Prior to the issuance of said certificate, the Town Board may require a statement showing the manner of compliance with the plan of restoration.
C. 
Said bond shall also provide that the time for compliance with any such plan of restoration shall be deemed to be accelerated and terminate 120 days after the date of revocation of such permit pursuant to the provisions of this article as in effect at the time of revocation.
D. 
In the event of a transfer of a permit, the Town Board shall require the filing of a certificate from the surety company issuing the bond then in effect, continuing the same as to the new permit holder or certifying that a new bond has been issued.
A. 
After approval of the application and before the issuance of a permit, the applicant shall present to the Town certificates of insurance evidencing the acquisition of liability insurance coverage in the amounts of:
(1) 
Death and bodily injury: $1,000,000.
(2) 
Property damage: $1,000,000.
B. 
Said insurance shall be maintained throughout the term of the permit, and the aforementioned certificates shall provide for 30 days' notice to the Town prior to the cancellation of coverage. Insurance shall specifically name the Town of Lewiston and its agents, including the Engineer, Surveyors and any other authorized representative of the Town, as additional insureds.
A. 
Permit.
(1) 
Upon filing an application for a permit, the applicant shall pay to the Town a fee based on the following table:
Total Acres
Permit Fee
Up to 50
$5,000, plus $200 per acre
Over 50
$10,000, plus $100 per acre
(2) 
Said total sum shall be deemed a reasonable sum to cover costs of review and administration, no part of which shall be returnable to the applicant. Acreage shall be based on total area for the overall site plan, including newly relocated off-site ditches. Acreage calculations shall be done by the Town Engineer. The fee for renewal of a permit shall be 1/2 of the regular permit fee.
(3) 
The Town Board has the right to reduce the permit fee (§ 150-12A), the performance bond (§ 150-10) and insurance limits (§ 150-11) for farmland reclamation where plans thereon have been designed under the Agricultural Stabilization Law. Said plans must be designed to drain farmland without creating ponding. The reduction, if any, will be determined by the Town Board on a case-by-case basis and will depend on the Town Board's estimate of the review and administrative costs as well as potential risk. This reduction will not affect the excavation fee.
B. 
Excavation fee.
(1) 
To assure the Town that the restoration takes place, Town streets are adequately maintained and rebuilt and the improvements required are satisfactorily completed, the Town shall require a fee payment of $1 per cubic yard of all excavated material removed from the site. This sum shall be billed by the Town and paid by the permittee every six months. The first payment shall be made in advance upon issuance of the permit by payment based on the phasing schedule and computed by the Town Engineer. The Town shall split this excavation fee in two equal parts. One-half is to be immediately paid over to the Town and used as the Town Board may determine. The other half of the excavation fee shall be placed in an interest-bearing escrow account.
(2) 
The amount of the excavation fee, including the up-front payment, shall be determined by the Town or a New-York-State-licensed professional engineer and land surveyor retained by the Town. Calculations will be based on original baselines established by the approved surveyor and resurveyed at the semiannual inspection to determine the exact volume removed. The inspection and survey cost shall be paid out of the escrow account as shall the emergency repairs of any Town roads or other reasonable Town costs incurred.
(3) 
Excavation fee shall be paid within 30 days of receipt of the Town bill. Failure to pay within this time frame shall constitute cancellation of the permit and forfeit of the performance bond and escrow fund. At the satisfactory conclusion of the excavation project, including the acceptance by the Town of all utilities and other amenities, all unused escrow funds shall be returned to the developer, along with a financial statement of all transactions.
[Added 12-12-1988 by L.L. No. 3-1988]
The following shall be guidelines of standards of site design, operation and restoration:
A. 
Operation plan. An Operations Map presented as an overlay to the Engineering 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 and haul roads, identified by width and type of surface material. Method for protecting Town roads, if any, proposed to be used for hauling.
(4) 
Existing and proposed parking facilities, identified by type of surface material.
(5) 
Existing and proposed fencing and buffers, identified by height, type of material and in sufficient detail to allow construction.
(6) 
Area where topsoil or any other materials will be temporarily stored for use in restoration. Maximum height of storage and slope of pile.
(7) 
Existing and proposed structures to be used in said operations.
(8) 
Phasing map showing sequence of operations and estimated time frames.
B. 
Environmental impact statement. A detailed environmental impact statement setting forth the following:
(1) 
A description of the proposed excavation and its environmental setting.
(2) 
The environmental impact of the proposed excavation, including short-term and long-term effects.
(3) 
Any adverse environmental effects which cannot be avoided should the proposed excavation be implemented.
(4) 
Alternate methods of effectuating the excavation.
(5) 
Mitigation measures proposed to minimize the environmental impact.
(6) 
The growth-inducing aspects of the proposed excavation.
(7) 
Effects of the proposed excavation on the use and conservation of energy resources.
(8) 
Any other information consistent with the purposes of energy resources.
(9) 
If lake or wetlands are proposed, address method of controlling insects and small animals and who will be responsible for said control.
C. 
Restoration plan. A restoration plan presented as an overlay to the Engineering Map and consisting of whatever supplementary descriptive materials are deemed appropriate. 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 one foot.
(3) 
Final surface drainage pattern and 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 and shrubs, grasses and other vegetation proposed to be used in restoration.
(6) 
If final restoration plan includes a lake, the plan shall include complete drainage calculations based on a one-hundred-year storm prepared by a licensed New York State professional engineer, detailing the following:
(a) 
How the lake will be filled, drained and operated.
(b) 
How rainfall retainage will be included in the proposed lake so as to minimize or negate downstream flooding.
(c) 
Assurance that the lake will hold water and lake level can be positively maintained within six inches of design level.
(d) 
Statement as to who will be responsible for maintenance of the lake. If a homeowners' association is proposed, a draft copy of deed restrictions and bylaws of association must be filed with the application and assurance as to who will be responsible for maintenance of the lake, with such bond as may be required by the Town Board.
D. 
Standards for site design and operation.
(1) 
The disturbed area shall not exceed a total of 50 acres at any one time. Notwithstanding the foregoing, if the excavation activity is subject to the requirements of Article II of Chapter 143 of the Town Code, no more than five acres shall be disturbed at any one time, unless pursuant to a stormwater pollution prevention plan submitted by the applicant and approved by the Town.
[Amended 12-27-2007 by L.L. No. 3-2007]
(2) 
Setback.
(a) 
No excavation shall be conducted closer than 200 feet from a public right-of-way or adjoining or within a property line unless a written consent can be obtained from the adjoining or within 200 feet of excavation of property owners. No haul road shall be within 100 feet of an adjacent property line.
(b) 
This setback area shall not be used for any use in conjunction with excavation or appurtenant activities except one sign at each corner for identifying the use of the property, fencing, buffers and access roads.
(c) 
Corner posts shall be set designating the land area involved. Such posts shall have a sign affixed thereto, 24 inches in length by 12 inches in height, containing the name of the person to whom the permit has been issued, the permit number and a statement of the month of issue. The top of such corner posts shall be at least four feet above the ground level and shall be placed in position by the licensed engineer or surveyor at the time of issuance of permit. These posts shall be maintained in their exact positions throughout the entire operation to aid the inspection of the area to which the permit relates by all interested persons. In the event that such posts are not in place, said permit shall be subject to suspension at the discretion of the Town Board until such time as they have been replaced in exact position.
(d) 
All structures and appurtenant activities shall not be located closer than 200 feet from a public right-of-way or adjoining property line, except that such a location demonstrates that, where appropriate sufficient safeguards, such as a buffer, will be provided for the protection of neighboring environment and residents.
(3) 
Access roads and parking.
(a) 
All access roads shall be designed to take advantage of buffers and to include curves or other features to screen, as much as is 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 a deviation of 10° from a right angle 90°.
(b) 
All major access roads shall be sufficiently free of dust and mud to prevent such material from being spread or blown from the premises. All precautions such as oiling and applying calcium chloride, with the approval of New York State Department of Environmental Conservation, or watering daily, or more frequently when necessary, shall be taken to prevent dust and sand from being blown from the premises. The first 200 feet of access from a public road or residential area shall be paved with an asphaltic concrete pavement.
(c) 
Sufficient off-street parking shall be provided inside the setback area for company, employee and visiting vehicles. The parking of any such vehicle on a public right-of-way or the impeding of traffic or creating of traffic hazards by the parking of any such vehicle shall be prima facie evidence of failure to provide for adequate parking.
(4) 
Preservation of natural features.
(a) 
All topsoil shall be stripped from the active excavation area and shall be stockpiled for use in accordance with the restoration plan, but no closer than 100 feet to any property line. 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 applies to all excavations except those for topsoil removal, in which case the provision applies for only that topsoil which has been stripped for use in the restoration plan.
(b) 
Existing hills, trees and ground cover fronting along public roads or adjacent property shall be preserved, maintained or supplemented by selective cutting, transplanting and 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 and other ground cover. No berm shall be constructed within 40 feet of a public right-of-way or adjoining property line.
(c) 
An adequate drainage system that complies with any stormwater pollution prevention plan (SWPPP) submitted by the applicant and approved by the Town shall be provided to convey stormwater runoff originating on or crossing the premises such that runoff follows, as much as feasible, the natural pattern of runoff prior to excavation and such that it does not adversely affect neighboring property owners. Excavated or disturbed areas adjacent to natural bodies of water or proposed lakes shall be undertaken in a manner approved by the Department of Environmental Conservation of the State of New York and the Town Engineer. Soil erosion, sedimentation and groundwater seepage shall be controlled so as to prevent any negative effects on bodies of water, public roads and neighboring properties, in accordance with any SWPPP submitted by the applicant and approved by the Town.
[Amended 12-27-2007 by L.L. No. 3-2007]
(5) 
Other safeguards.
(a) 
Fencing may be required on all sides of all excavations. Fencing shall be required on all sides of any disturbed areas that are within 200 feet of residences. Fencing shall be erected no closer than 40 feet from a public right-of-way or adjoining property line. The fencing shall be at least six feet in height. The Town Board may require a fence, berm or other buffer along part or all of the boundary for safety, visual or other screening purposes.
(b) 
Lateral support shall be sufficient to prevent the hazard of damage to persons, adjacent properties and public roads by reason of slides, sinking or collapse and so as to substantially prevent the obstruction or impediment or change in the course of surface water or otherwise prevent any adverse effect on any public waters used as a part of any public drainage.
(c) 
Excavation and appurtenant activities shall be conducted only between 7:00 a.m. and 5:00 p.m. on Monday through Friday and between 7:00 a.m. and 1:00 p.m. on Saturday and shall not be allowed on Sundays or legal holidays. Material-hauling loaded trucks shall enter or leave the premises only within the hours permitted for the operation of excavation and appurtenant activities.
(d) 
Noise from excavations, appurtenant activities and related operations shall not be such as to interfere with the quiet enjoyment of neighboring properties.
(e) 
Trucks shall be loaded to prevent spillage or windblown matter during transport on public roads. The Town may require trucks to be covered if dust is a problem. In the event of spillage, the truck owner or agent shall clean the roadway immediately.
(6) 
Drainage. The excavation shall be conducted in accordance with any stormwater pollution prevention plan submitted by the applicant and approved by the Town.
[Added 12-27-2007 by L.L. No. 3-2007]
E. 
Standard for restoration.
(1) 
No slope shall be left with a grade steeper than one foot of vertical rise to three feet of horizontal distance, and the normal angle of repose should not be exceeded in any case.
(2) 
All stumps, boulders and other debris resulting from the excavations, appurtenant activities or related operations shall be disposed of by approved methods. If disposed of on the site, such debris shall be covered with a minimum of two feet of fill.
(3) 
Topsoil shall be spread over the excavated and restored area to a minimum depth of six inches.
(4) 
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.
(5) 
Proposed lakes shall have an impermeable layer of clay at least two feet thick, when compacted, throughout the entire lake bottom and for two feet above the highest water level. Side slopes shall not be greater than one vertical to three horizontal within 30 feet of the shoreline above and below the proposed water level. Justified steeper slopes may be accepted where water level is proposed to be deeper than 10 feet. When retention is proposed, the overflow shall be designed for a maximum increase in elevation of two feet based on a one-hundred-year storm saturating the entire watershed. The designer must provide calculations and methodology for positively maintaining lake level within 12 inches of design elevation when retention is not proposed. On lakes including stormwater retention provisions, lake level may vary 12 inches below design level and 24 inches above design level, lake design to make provision for minimizing soil erosion and silting in lake bottom. Notwithstanding the foregoing, lakes and stormwater retention facilities shall be designed and constructed in accordance with any stormwater pollution prevention plan submitted by the applicant and approved by the Town.
[Amended 12-27-2007 by L.L. No. 3-2007]
(6) 
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 excavations and appurtenant activities. Any alterations of natural and storm drainage shall not adversely affect public roads or neighboring property owners.
(7) 
Restoration shall be a continuous operation, subject to review and approval at each inspection and at the termination of the permit period. Topsoil grading and planting of the area designated for restoration during the permit period shall have been completed before a permit renewal is granted.
(8) 
Within six months after termination of the excavation operation, 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.
(9) 
Restoration shall comply with any stormwater pollution prevention plan submitted by the applicant and approved by the Town.
[Added 12-27-2007 by L.L. No. 3-2007]
This article shall be deemed an exercise of the powers of the Town of Lewiston to control, preserve and improve the quality of the natural and man-made environment on behalf of the present and future residents of the Town.
A. 
A violation of any provision of this article is hereby declared to be an offense against such article, punishable as a misdemeanor to the extent prescribed by law, but not to exceed a fine of $500 or imprisonment for 30 days, or both.
B. 
Each and every day that a violation of this article is permitted to exist shall constitute a separate offense.
All local laws and ordinances or parts thereof in conflict herewith, specifically including the Zoning Ordinance of the Town of Lewiston,[1] are hereby repealed and superseded by this article. Such repeal and supersession shall not affect or impair any act done, offense committed on right accrued or acquired or liability, penalty, forfeiture or punishment incurred prior to the time such repeal and supersession takes effect.
[1]
Editor's Note: See Ch. 360, Zoning.
If, during inspection, it is determined by Town officials that there are violations of this article, whether or not included in the approved application and permit, the Town shall notify the applicant and owner of the violations in writing. It shall be the applicant's responsibility to include said items in the operating plan within seven days of said notification. Failure of the owner to make said changes shall be adequate grounds for the Town to terminate the permit.
A. 
Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of these regulations, the Town Board shall have the power to vary or modify the application of any of the requirements herein so that the spirit of the regulations shall be observed, public safety and welfare secured and substantial justice done.
B. 
Applications for modifications and variances shall be submitted, in writing, by the owner at the time the permit application is filed with the Town Board. The application shall state fully what variances are requested and shall give the justification for each request.
[Adopted 6-11-2007 by L.L. No. 1-2007 (Ch. 8D, Art. II, of the 1965 Code)]
A. 
The Town Board of the Town of Lewiston, New York finds and declares the intent of this article as follows:
(1) 
That the Town of Lewiston has heretofore developed a Master Plan, which such Plan provides for numerous zoning classifications heretofore nonexistent within the Town of Lewiston.
(2) 
That the Town of Lewiston has for a period of time been in the process of developing a recodification of its zoning laws so as to have such zoning laws conform to its Master Plan.
(3) 
That such Master Plan and such proposed recodification of the zoning laws will restrict mining within the Town of Lewiston to limited areas.
(4) 
That the Town of Lewiston is empowered to develop local laws dealing with zoning so as to create an orderly development of the lands within the Town.
(5) 
That the Town hereby finds that all future applications for excavation permits without regard to the Master Plan and/or without regard to the current zoning laws and/or proposed recodification of the Town zoning laws may result in haphazard applications for excavation without common plan or scheme and without appropriate controls.
(6) 
That the Town Board further finds that such future excavation permits, unless regulated by the Town's zoning laws, current or yet to be enacted, may have future deleterious effects upon properties within the Town and the community or the Town of Lewiston as a whole.
(7) 
That the Town Board finds that consideration must be given to the proposed zoning law sweeping amendments as well as to the previously developed Master Plan, which will control the areas within the Town of Lewiston wherein mining is permitted.
(8) 
That, therefore, the Town Board finds it necessary to adopt a reasonable interim local law to govern mining within the Town of Lewiston during the time that the Town is conducting due diligence in adopting a recodification of its zoning laws.
(9) 
That this action is necessary in order to protect the public welfare and interests.
B. 
Area boundaries. This article shall apply to all properties located within the Town of Lewiston, exclusive of any incorporated village or Indian reservation.
C. 
Time and scope of moratorium. During the period of nine months following the effective date of this article, no permits for excavation activities shall be issued unless and except such permit deals specifically with one of the listed exceptions in § 150-5 of the Excavations Law of the Town of Lewiston or involves an application currently pending in the Town of Lewiston.
Nothing contained in this article shall be deemed to affect or otherwise limit the continued excavation within the scope of any previously validly issued excavation permit on property otherwise subject to this moratorium. Nothing contained in this article shall limit the ability of the Town of Lewiston to act on any application for permit currently pending in the Town of Lewiston.
Any person, firm, entity, corporation, partnership, limited liability company or similar entity who shall violate any provision of this article shall be subject to the penalties for offenses as set forth in § 150-14 of the Excavations Law of the Town of Lewiston.