[Adopted 8-13-2001 by L.L. No. 7-2001 (Ch. 138 of the 1994
Code)]
[Adopted 8-13-2001 by L.L. No. 8-2001 (Ch. 97 of the 1994
Code)]
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.
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.
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 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.
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.