These regulations shall be interpreted to foster:
A. The orderly operation of all filling, excavations and soil disturbances,
including development of domestic mineral resources, according to
sound environmental practices.
B. The restoration of affected lands.
C. The retention of the taxable value of property.
D. The retention of natural beauty and aesthetic values in the affected
areas.
E. The preservation of the quality of life for Alden residents.
As used in this chapter, the following terms shall have the
meanings indicated:
APPLICANT
That person making application for a permit and who is responsible
for fulfilling the requirements for the restoration plan and all rules
and regulations promulgated hereunder.
APPURTENANT ACTIVITIES
All on-site operations involved in the treatment, processing
or further fabrication of soil, sand, gravel or natural deposits,
including washing, sedimentation ponds, grading, sorting, grinding,
concrete batching plants, asphalt mixing plants and aggregate dryers.
BASIN
An excavated area designed to hold surface water.
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.
EXCAVATION
A cavity, hole, mine, pit or quarry in land formed by digging
for the purpose of extracting stone, gravel, sand, shale or other
natural minerals or the topsoil therefrom.
FILL
The act of depositing upon any premises or property topsoil,
earth, sand, clay, gravel, humus, rock or other mineral deposit or
man-made materials, including but not limited to bricks, block, broken
concrete and asphalt, whether such materials have been brought to
the said premises or property or are from areas within such premises
or property.
MINE
Any pit or underground workings from which any mineral is
produced.
MINERAL
Aggregate, clay, gravel, sand, shale, stone or any other
solid material of commercial value found in or on the earth.
OPERATOR
Any owner, lessee or other person who operates, controls
or supervises the operation.
OWNER
That person having title to the tract of land.
PERSON
Any individual, public or private corporation, political
subdivision, government agency, partnership, association, trust, estate
or any other legal entity.
RESTORATION
The reparation to an environmentally acceptable natural state
of an area which has undergone physical change due to excavation and
related activities.
TOPSOIL
Surface earth, including the organic layer in which most
plants have their roots.
TOWN BOARD
The municipal board of the Town of Alden.
[Amended 12-3-2007 by L.L. No. 5-2007]
A. No person shall fill, excavate, remove topsoil or alter topography for any purpose, other than the exceptions described below under §
195-4, without an excavation permit issued by the Town Board.
B. No such permit shall be issued except upon submission of evidence
satisfactory to the issuing authority and upon its finding and determination
based upon such evidence that the proposed operation will not cause
erosion or otherwise disturb or adversely affect natural drainage,
creeks or other bodies, sources or supplies of water, both surface
and ground, adjacent or nearby flora, fauna or other vegetation. In
determining the sufficiency of evidence, proof of compliance with
standards promulgated by the United States Department of Agriculture
Natural Resources Conservation Service and by the New York State Department
of Environmental Conservation may be deemed sufficient evidence for
such permit.
C. All fill, excavation, topsoil removal and topography alteration operations
requiring permits shall be conducted according to standards set forth
below, including restoration of the affected area.
D. The applicant shall comply with all bonding and fee schedules.
E. The requirements of the Town of Alden "Law to Prohibit Illicit Discharges,
Activities and Connections to Separate Storm Sewer System" and the Town of Alden "Stormwater Management and Erosion
and Sediment Control Law" of the Alden Town Code must be followed. Whenever the
requirements of this chapter are at variance with the requirements
of any other lawfully adopted rules, regulations or ordinances, the
most restrictive, or that imposing the higher standards, shall govern.
The following operations and uses are hereby excepted from the
application of this chapter:
A. Excavation incident to construction of a driveway, walk, a permitted
wall or building or part thereof or accessory thereto.
B. Removal of topsoil, gravel or fill 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 farming or
landscaping.
C. Removal of excess stone, gravel, sand or topsoil from the area of
an approved site plan or subdivision, provided that such removal is
in accordance with plans approved by the Town Board.
D. Construction of privately owned water and sewerage systems.
E. An approved sanitary landfill operation.
F. Typical excavations for public safety purposes.
In approving or denying an excavation permit for the purpose
of mining, the standards and considerations taken into account shall
include but not be limited to the following:
A. Whether the excavations and proposed restoration plan are in accord
with the intent of the Town Comprehensive Plan.
B. Whether they will result in the creation of pits or holes which may
be hazardous or dangerous.
C. Whether they will cause soil erosion or the depletion of vegetation.
D. Whether they will render the land unproductive or unsuitable for
agricultural or developmental purposes.
E. Whether they will impair the aesthetic or natural environment of
the excavation area or surrounding area.
F. Whether they will affect the character of surrounding land use.
G. Whether they will create excessive traffic or impair the quality
of the existing and proposed thoroughfare facilities, community facilities
and drainage.
H. Whether they will affect the control of nuisances.
I. Whether the areas excavated can be effectively restored and revegetated.
Upon filing an application for a permit, the applicant shall
pay a fee as established by resolution of the Town Board. Such fee shall be deemed a reasonable sum to cover costs
of administration, no part of which shall be returnable to the applicant.
Any person aggrieved by any decision of the Code Enforcement
Officer relative to the provisions of this chapter, or the Town of
Alden, may appeal such decision to the Zoning Board of Appeals, as
provided in the Zoning Law of the Town of Alden.
Any person who violates any provision of this chapter or any
regulation adopted hereunder is guilty of an offense punishable by
a fine not exceeding $350 for the first violation; a minimum of $350
and a maximum of $700 for a second violation within five years; and
a minimum of $700 and a maximum of $1,000 for a third or subsequent
violation within five years; or imprisonment for a period not to exceed
six months, or both. Each day's continued violation shall constitute
a separate violation.
The Building Inspector/Code Enforcement Officer shall be empowered
to enforce this chapter and the regulations set forth herein.