The Town Board of the Town of New Hartford recognizes that the development
of sand, gravel, rock and mineral resources within its area is necessary and
beneficial to the economy of the town and the welfare of its citizens. To
provide utilization of these resources in a manner compatible with the health,
safety and welfare of the Town of New Hartford, to avoid the creation of nuisances
and to ensure the restoration of commercial excavation areas, the following
requirements shall be observed.
Except when incidental to the construction of a building on the same
lot, the excavation, processing or sale of topsoil, earth, sand, gravel, clay
or other natural mineral deposits or the quarrying of any kind of rock formation
shall be prohibited hereafter unless a permit shall first have been obtained
upon application to the Town Board of the Town of New Hartford.
Before issuing a permit for any of the uses set forth in §
62-2 hereof, the Town Board shall find that such excavation or quarrying will not endanger the stability of adjacent land or structures nor constitute a detriment to public welfare, convenience or safety by reason of excessive dust, noise, traffic or other condition. The Town Board may specify any reasonable requirements to safeguard the public health, safety and welfare in granting such permit and shall require that:
A. The slope of material in such topsoil, sand, gravel,
clay or other earth shall not exceed the normal angle of repose of such material.
B. The top and the base of such slope shall not be nearer
than 50 feet to any property line nor nearer than 100 feet to the right-of-way
line of any street or highway.
C. A plan for restoration and rehabilitation of the commercial
earth excavation area or borrow pit shall accompany the application for a
permit and shall assure conformance with the public health, safety and welfare.
The Town Board, upon approval of such plan, shall require a performance bond
to assure rehabilitation of commercial excavation sites in conformance therewith.
D. A plan for safeguarding the public health, safety and
welfare in commercial rock or mineral excavation areas shall accompany the
application for a permit and shall be approved by the Town Board.
[Amended 8-20-1980 by L.L.
No. 2-1980]
Any person committing an offense against any provision of this chapter
shall, upon conviction thereof, be guilty of a violation pursuant to the Penal
Law of the State of New York, punishable by a fine not exceeding $250 or by
imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment.
The continuation of an offense against the provisions of this chapter shall
constitute, for each day the offense is continued, a separate and distinct
offense hereunder.