It is the purpose of these regulations to provide for excavations which are associated with approved site development(s) in the Town of Mendon. This article does not apply to extractive mining operations, which are governed by Article I of this chapter.
[Adopted 8-13-2001 by L.L. No. 8-2001 (Ch. 97 of the 1994 Code)]
It is hereby declared to be the intent of these regulations to remove the danger to the health, safety and general welfare of Town residents that may otherwise be caused by excavations by regulating the manner of removal of natural site materials.
Nothing contained in this article shall require any person engaged in farming operations to obtain a permit for the purpose of moving topsoil or earth from one location to another on the same land for grading, improving or draining of said land, provided that such removal is necessary for or accessory to the farming operations.
A.
Before any excavation is commenced, an application for an excavation permit from the Town Board shall have been filed with the Town Clerk and approved by the Town Board pursuant to the provisions of this article.
B.
Upon filing an application for an excavation permit, a fee in the amount set by the Town Board in the fee schedule shall be paid by the applicant.
C.
In addition to said fee, the applicant may be required to post with the Town a letter of credit in an amount sufficient to permit the Town to reclaim the excavated area. The amount of said letter of credit shall be determined by the Town Board in consultation with the Town Engineer, Town Attorney and Town Supervisor.
A.
The Code Enforcement Officer shall determine from the application for an excavation permit the number of yards proposed to be excavated or removed and shall certify this amount to the Town Clerk. The fee for said permit shall be established, at a rate per cubic yard of excavated material, by resolution of the Town Board.
B.
No excavation may be conducted by the permit holder beyond the terms of the original permit, until such time as an amended permit has been approved by the Town Board.
C.
At the end of the permit period, the permit holder shall have a duly licensed engineer certify as to the amount of material excavated during the permit, and certify a copy of said engineer's report. Said report shall be filed with the Town Clerk within 60 days of the end of the permit period and affixed to the permit file.
D.
In the event that it is determined by the Town Engineer, upon review of the engineer's report cited above, that more material has been excavated than authorized by the permit, the permit holder shall be subject to a penalty not less than twice nor more than four times the amount of the original permit fee. Said penalty shall be payable within 30 days after receiving notification from the Code Enforcement Officer of said violation.
A.
Five copies of each application for an excavation permit shall be signed by the applicant and/or property owner and shall include the following:
B.
For each excavation site, the applicant shall submit five copies of an approved subdivision or site plan for development of the site which shows the area to be excavated and all lands and improvements thereon within 300 feet from such area to be excavated.
C.
Each excavation site shall include a surveyor's sketch of existing and proposed topography, a recent aerial photograph delineating the area to be excavated and identifying all existing physical features within the area depicted. In addition, said application shall identify all adjacent land use, including private wells operating within 1,000 feet of the excavated area.
D.
In addition, each application shall include five copies of a natural features and improvements map prepared by a licensed engineer or surveyor at a scale no smaller than one inch equals 50 feet. The map shall show the following, both within the site where excavation is to occur and within 500 feet of the boundary of said site:
E.
Each application shall include five copies of an operations map, presented as an overlay to the natural features 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 roads, identified by width and surface material.
(4)
The area where topsoil will be temporarily stored for use in site restoration, including measures to prevent erosion into nearby streams, if any.
(5)
The location, size and type of erosion and sedimentation controls to be used.
F.
Each application shall include five copies of a restoration plan presented as an overlay to the natural features 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)
The final topography of the area proposed for restoration at contour intervals of five feet.
(3)
The final surface drainage pattern and the location and characteristics of artificial drainage facilities in the area proposed for restoration and in contiguous areas.
(4)
The depth and composition of topsoil proposed to be used in restoration.
(5)
The types of vegetation proposed to be used in restoration.
In considering an excavation permit, the Town Board shall consider the Planning Board's record on the proposed subdivision or site plan; the environmental effects of said excavation operation on such matters as groundwater impacts, erosion potential, sedimentation impacts, reuse of the area for agricultural purposes, impairment to the aesthetic or natural environment of the excavation area or surrounding area; effects on adjacent land use; nuisances; and whether the area excavated can be effectively restored and revegetated.
A.
The area to be excavated shall not exceed 10% of the total site area approved for development by the Planning Board.
B.
No excavation shall be conducted closer than 200 feet to a public right-of-way or to any adjoining property line. No stockpiled materials shall be located closer than 200 feet to any property line.
C.
All access roads shall be designed to take advantage of buffers and to include curves or other features to screen, as much as feasible, excavation and appurtenant activities from public view. All access to a public road shall meet standards set forth in the Town of Mendon Design Criteria.
D.
All topsoil shall be stripped from the active excavation area and shall be stockpiled for use upon the premises in accordance with the restoration plan. All stockpiles so established shall be promptly measured by the permit holder's duly licensed engineer, and a certified statement as to the volume of said topsoil shall be filed with the Town Clerk. All such stockpiles shall be seeded, covered or otherwise treated to minimize the effects of erosion by wind or water upon the public roads, streams or other water bodies or upon adjacent property. No topsoil shall be removed from the site until the Code Enforcement Officer has verified the volume of said topsoil stockpiled and all owners of the proposed sites have first been offered the opportunity to purchase said topsoil for reuse elsewhere on the original site.
E.
Existing hills, trees and ground cover fronting along and within 200 feet of a public road 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.
F.
An adequate drainage system shall be provided to convey stormwater runoff originating on or crossing the area to be excavated. No excavation shall be located closer than 200 feet to a stream or other natural water body or to a federal or state freshwater wetland. 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. No ponds or pools of water shall be created or allowed to remain in any excavated area, unless said ponds or pools are specifically authorized as an accessory use.
G.
Hours of excavation and appurtenant activities, including the operation of any machinery, shall be conducted only between 7:00 a.m. and 6:00 p.m. and shall not be allowed on Sunday. Loaded trucks shall leave the premises only within the hours permitted for the excavation and appurtenant activities.
H.
Noise from excavation, appurtenant activities and related operations shall not be such as to unduly interfere with the quiet enjoyment of neighboring properties.
I.
No excavation shall occur below the average annual groundwater level, nor below a depth that is above the groundwater level and is more than 20 feet below the average level of said area prior to any excavation. Where an excavation is proposed in an area that has been previously excavated, the applicant's engineer shall determine the level of the natural, unexcavated terrain, and no excavation greater than a depth of 20 feet below said natural level or below the average annual groundwater level will be allowed.
J.
No excavation shall occur where a slope greater than one to three is created. All slopes greater than 15% shall be surrounded by fencing acceptable to the Town Board.
A.
No slopes shall remain with a slope steeper than one foot of vertical rise to three feet of horizontal distance.
B.
All stumps, boulders and other debris resulting from the excavation, appurtenant activities or related operations shall be disposed of by approved methods. If allowed to be disposed of on site, such debris shall be covered with a minimum of three feet of topsoil.
C.
Topsoil shall be spread over the reclaimed excavated area to a minimum depth of four inches or to the average original (preexcavation) topsoil depth, whichever is greater. The soil shall be restored to a condition that is as fertile or more fertile than it was prior to excavation.
D.
The restored 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.
E.
Restoration shall occur such that natural and storm drainage, where it enters and leaves the site, shall be altered only to the minimal degree necessary to carry out excavation and appurtenant activities. Any alterations of natural and storm drainage shall not adversely affect public roads or neighboring properties.
F.
Restoration shall be a continuous operation during the time that an area is being excavated. Topsoil grading and planting of the area designed for restoration during the permit period shall be properly completed.
G.
Within six months of completion, all equipment and evidence of the operation shall be removed from the premises or disposed of by approved methods and all restoration shall have been completed.
H.
All stockpiled materials remaining upon any excavated area shall be removed within one year following the termination of the excavation operation and the land used for the stockpiles restored in a manner which complements the remainder of the site.
A pond, artificial lake or other man-made excavation for the purpose of collecting or diverting surface water, such as a wildlife marsh or drainage ditch, shall be deemed to be an excavation and subject to the requirements of this article. All such excavations shall be subject to approval by the Monroe County Soil and Water Conservation District and, where applicable, the New York State Department of Environmental Conservation. All ponds shall be considered structures which shall comply with the minimum setback requirements as established by Chapter 260, Zoning, of the Town Code.
A.
Operation.
(1)
A permit is required to allow the removal of turf from any lands in the Town of Mendon. Said permit shall require the owner and operator of the area being so excavated to leave at least four inches of topsoil upon the completion of turf removal.
(2)
No permit to remove turf shall be granted for any land which is subject to flooding or which will adversely affect the drainage of any adjacent lands unless specific plans are presented for proper controls and said plans have been approved by the Monroe County Soil and Water Conservation District.
(3)
Adequate measures shall be taken to prevent dust conditions during excavation.
B.
Restoration. Any area from which turf has been removed and not replanted shall, between the period commencing April 1 and ending September 15, be prepared into a loose seed bed, limed, fertilized and seeded in the following manner:
(1)
Apply necessary ground limestone to raise the pH factor to 6.5 (acidity measurement).
(2)
Apply 10-20-10 fertilizer or equivalent at the rate of 500 pounds per acre.
(3)
Disc area to work limestone and fertilizer into soil to a depth of at least three inches.
(4)
Smooth area with smoothing harrow.
(5)
Sow a minimum of the following mixture per acre: eight pounds bird's-foot trefoil and eight pounds timothy or other mixture approved by the Monroe County Soil and Water Conservation District.
(6)
Roll firm with ground roller or cultipacker.
C.
The Town Board shall establish fees for each crop of turf raised.
D.
A letter of credit shall be provided in an amount set by the Town Supervisor and in a form approved by the Town Attorney. This letter of credit shall remain in effect to the Town during the permit, until such time as the restoration of the excavated areas has been completed.
Any person, firm, company or corporation operating or conducting any excavation in violation of any of the provisions of this article and any person, firm, company or corporation assisting in the commission of any violation of this article or of any conditions imposed by the Town Board pursuant to this article and any person, firm, company or corporation who or which shall omit, neglect or refuse to do any act required by this article shall be guilty of an offense and shall be subject to penalties as provided elsewhere in the Code of the Town of Mendon.
Upon the violation of any provisions of this article or any other provisions of the Code of the Town of Mendon, the Town Board may suspend for 30 days any permit issued hereunder and, following a public hearing, may revoke any said permit.
Where this article imposes greater restrictions than are imposed by the provision of any law, ordinance, regulation or private agreement, this article shall control. Where greater restrictions are imposed by law, ordinance, regulation or private agreement than are imposed by this article, such greater restrictions shall control.