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.