[HISTORY: Adopted by the Town Council of the Town of North Smithfield 6-18-1979 (Ch. 11, Art. IV, of the 1994 Code). Amendments noted where applicable.]
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
For the purposes of promoting the health, safety, or general welfare and in order to effect uniform regulation within the Town for earth removal, as hereinafter defined, the Town hereby provides for the regulation, control and licensing of earth removal, as hereinafter defined, such power to be restricted and exercised in accordance with §§ 156-2 through 156-12 of this chapter, and pursuant to the authority of Rhode Island Public Laws of 1978, Chapter 259.
As used in this chapter, the following terms shall have the meanings indicated:
EARTH REMOVAL
The extraction, quarrying or removal of any soil, loam, sand, gravel, clay, shale, or other earth material from deposits of any tract of land on which it is found. Excluding, however, earth removal:
A. 
Less than 10 cubic yards of material in the aggregate in any year from any lot;
B. 
In grading land for construction of a roadway;
C. 
For a subdivision in accordance with a plat plan or plans approved in accordance with an ordinance of the Town, or any duly authorized board of authority thereof, or for the construction of a building for which a building permit has been issued; provided, however, that the removal of such material necessarily excavated in connection with lawful construction of a building, structure, street, driveway, sidewalk, path or other appurtenance does not exceed that actually displaced by the portion of such buildings, structures, streets, driveways, sidewalks, or paths or other appurtenances below finished grade.
BUILDING/ZONING OFFICIAL
That person appointed by the Town Council, as selected by the Town Administrator pursuant to the Charter of the Town, and charged with the duty to enforce the provisions of Chapter 340, Zoning, and to record all amendments to said chapter.
TOWN COUNCIL
The duly elected Town Council of the Town.
ZONING BOARD OF REVIEW
The Zoning Board of Review established by the Town.
A. 
As a condition precedent to any earth removal, as herein defined, a license shall be required to be issued by the Town Council following a public hearing to be held by the Town Council and upon the submission of the documents required by § 156-4 and approval by the Zoning Board of Review of a special exception and the payment of a license fee of $50 to the Town.
B. 
The license shall be issued only to the owner of record and shall not be transferable. Should an existing earth removal operation be sold, such operation shall no longer be considered nonconforming and must obtain a license as set forth under § 156-9, herein. This license shall expire at the end of one year and must be renewed annually, together with application for renewal of an earth removal license for another year. Plans shall be submitted to the Building/Zoning Official showing any change or anticipated change from originally submitted plans of earth removal activities. If no changes are anticipated for the coming year, submission of new plans are not required, but the owner of record must so certify in writing upon application for renewal.
C. 
The Building/Zoning Official, upon receipt of application for renewal of an earth removal license, shall make a field inspection of such earth removal activities to determine compliance with plans on file. His written findings shall be sent to the Town Council with his determination of compliance or noncompliance. The Town Council shall thereafter issue the license for another year upon determination of compliance by the Building/Zoning Official; upon the determination of noncompliance by the Building/Zoning Official, the license shall not be reissued until compliance with this chapter.
D. 
In granting or reissuing a license hereunder, the Town Council may impose such other additional, reasonable conditions specifically designed to safeguard the neighborhood and the Town, which may include conditions as to the overall operations set forth in this chapter and as relating to the site plan and restoration plan requirements.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
Appeals from the decisions of the Town Council or Zoning Board of Review shall be taken in the same manner as appeals from decisions of the Zoning Board of Review as set forth in R.I.G.L. § 45-24-69, Appeals to Superior Court, as amended.
Any license issued under the authority of this chapter by the Town Council may be revoked for violations of any of the provisions hereof after notice and a public hearing. The Town Council shall fix a reasonable time for the hearing on revocation, give public notice thereof at least two weeks prior to the date of hearing, as well as due notice to the party in interest, by certified mail, return receipt requested, and decide the same within a reasonable time, which decision shall be in writing and contain appropriate findings of fact. Upon hearing, any party may appear in person or by agent or by attorney.
A. 
Penalty for violations. Any person, firm or corporation violating any of the provisions of this chapter shall be subject to a penalty as set forth in Chapter 1, General Provisions, Article II, General Penalty, of the Town Code; each and every violation and nonconformance of this chapter or each day that any provision shall have been violated shall be construed as a separate and distinct violation thereof. All such fines shall inure to the benefit of the Town.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
B. 
Suit. Suit may be brought in the Superior Court in the name of the Town to restrain any violation of or compel compliance with the provisions of this chapter.
This chapter shall not apply to earth removal being conducted on the date of its enactment on any tract of land, up to limits of presently owned property, within the Town. The following conditions shall be considered as conclusive evidence that such real property is or has been used for the purpose of earth removal:
A. 
Such real property was acquired or leased prior to the effective date of this chapter;
B. 
Such real property was purchased by an individual, corporation or otherwise engaged at the time of acquisition in the business of mineral extraction;
C. 
Such real property, or the substantial portion of such property, has not been permanently developed for any residential, commercial (other than farm or agriculture) or industrial purposes;
D. 
Such real property contains mineral deposits of a demonstrable economic value;
E. 
Earth material has been removed from such real property for commercial purposes, at regular intervals, over any six-month period, within the last three years; and
F. 
Upon the sale of any real property being used for earth removal activities, the nonconforming status of this section shall no longer be considered in effect and any subsequent earth removal activities must be licensed and conform to the regulations of this chapter. The application procedure shall conform to § 156-5 herein.
If any provisions of this chapter or the application thereof is held invalid by a court of competent jurisdiction, the validity of the remainder of this chapter shall not be affected thereby.
If the Town shall engage in earth removal for municipal purposes, it shall substantially comply with the provisions of this chapter.
This chapter shall not be deemed to limit by implication or otherwise any ordinance enacted pursuant to the authority of Chapter 24 of Title 45 of the Rhode Island General Laws, 1956, as amended.