[HISTORY: Adopted by the Town Board of the Town of Chenango 10-16-1989 by L.L. No. 2-1989.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Street excavations — See Ch. 58.
[1]
Editor's Note: This local law also superseded former Ch. 36, Excavations, adopted 5-2-1977 by L.L. No. 4-1977.
These regulations are intended to provide for the control and general regrading of land and extraction and removal of products so as to prevent serious damage to public health, welfare and safety, etc. The regrading, relocation, extraction or removal of more than 1,000 tons of earth soil or products within a twelve-month period shall only be permitted after a special permit is secured by application through the Zoning Board of Appeals and compliance with the standards and requirements of this chapter.
The top of any excavation which extends below the level of an adjacent highway, street or road shall not extend closer to said line or right-of-way than 100 feet. In addition, as it relates to adjoining properties, no part of any excavation shall extend closer than 100 feet to adjacent property lines. The completed sections of any excavation site shall have their slopes reduced to a grade not greater than two feet vertical to two feet horizontal. It shall be seeded or provided with other permanent planting in order to establish a firm ground cover sufficient to prevent erosion.
All surface drainage existing or developing by or through the excavation operation shall be controlled by the operator in order to prevent silt, debris or other loose materials from entering into existing drainage courses or encroaching upon state, county or Town roads or adjacent properties. Whenever the enforcement officer or designated official finds the excavation of materials is creating a water hazard and is dangerous to the public safety, then before further excavation can take place, the operator shall remedy and control this hazard to the satisfaction of the Town Board, acting after an advisory opinion from the Town Planning Board.
The operation of said excavation shall be conducted in such a manner as to minimize noise and dust. The operator shall maintain all roads in a dust-free condition, providing such dust control as required or deemed necessary by the enforcement office or Town Engineer, to include not only maintenance of roads on the property but also Town, county or state roads adjacent thereto.
A drawing to a scale of 50 feet to the inch or larger shall be prepared by a professional engineer or land surveyor licensed in the State of New York, showing but not limited to the following information: the location of the premises; the extent of the property; where it is proposed to generally regrade and excavate; all adjoining streets and adjoining properties and buildings within 50 feet of the property line; existing and proposed elevations; any cross section, if required due to the size of the operation; present and proposed water drainage and natural features.
If the size of the operation requires compliance with the Environmental Conservation Law in relating to reclamation of land affected by mining, no permit will be issued by the Zoning Board of Appeals until said approval by the Department of Environmental Conservation has been received and copies of plans and materials required by the Department of Environmental Conservation submitted to the Town for its review.
Enlargement of existing nonconforming operations shall not be permitted.
If, upon review by the Zoning Board of Appeals, additional conditions and safeguards may be necessary to protect and conserve adjacent property or the health or welfare and safety of the public, the Board may impose these conditions in addition to those already listed or required.
For approval of any new or enlargement of an excavating operation, the Town Board shall require a performance bond sufficient to insure that upon the completion of the extraction operations the abandoned operation will be left in a safe, attractive and useful condition. The minimum amount of bond will be as determined by the Town Board. If the operation falls under the jurisdiction of the Department of Environmental Conservation, the requirement for this bond, if in the judgment of the Town Board it is acceptable, can be waived. If for some reason the bonding company notifies the Town the bond is not waived, the operator must furnish a new bond or the permit will be canceled.
The special permit, if granted, shall contain a statement of performance and further will be issued only after the applicant has filed with the Zoning Board of Appeals the necessary plans for its review, and Department of Environmental Conservation permit, if applicable. Concurrent with the Zoning Board application, the Planning Board shall receive plans for site plan review and, prior to action by the Zoning Board of Appeals, the Planning Board should respond within 45 days with an advisory opinion.
A. 
Special permits shall be issued on a temporary basis for a time period not to exceed two years, which must be renewed by the operator.
B. 
To have a permit renewed, the operator may, if the operation is the same as originally approved, upon written evidence to the Board indicating no change in operation or limits thereof, make application for renewal. If the operation has changed, limits have been enlarged, etc., then the original procedural method required will be followed.