[HISTORY: Adopted by the Town Board of the Town of Perinton 9-12-2012 by L.L. No.
8-2012.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Environmental Conservation Board — See Ch. 16.
Conservation easements — See Ch. 103.
Enforcement procedures — See Ch. 115.
Erosion and sediment control — See Ch. 119.
Subdivision of land — See Ch. 127.
Zoning — See Ch. 148.
[1]
Editor's Note: This local law also repealed former Ch.
122, Excavations, adopted 8-12-1976 as Ch. 83 of the 1976 Code, as
amended.
This chapter shall hereafter be known and cited as the "Excavation
Law of the Town of Perinton."
It is the purpose of this chapter to provide for the proper
use of the land and to require an orderly continuing restoration of
all land permitted to be excavated for its resources. The objectives
shall be:
A.
To protect the land proposed for excavation from being destroyed
for future use through improper excavation.
B.
To protect the surrounding land uses, natural environment and people
from damage or danger from excavation and appurtenant activities.
C.
To provide for a plan to restore the excavated land for its ultimate
reuse at the expiration of the permit.
D.
To allow only those excavation uses which are in accordance with
the Town Comprehensive Plan and development objectives.
In accordance with Article 16 of the Town Law of the State of New York, the Town Board of the Town of Perinton has the responsibility and authority to review and approve, modify and approve, or disapprove plans for excavation within the Town. Pursuant to the above authority, the Town Board has prepared and adopted this chapter setting forth standards to be followed in the preparation, review and approval or denial of excavation permit applications. By the same authority, the Town Board hereby delegates to the Board of Appeals the authority to conduct all public hearings and grant all permits provided in this chapter. The Department of Public Works shall assemble all information necessary to review applications and shall submit this information to the various boards, councils and individuals set forth in § 122-7C herein.
This chapter shall apply to the entire area of the Town of Perinton,
excluding those areas within the corporate limits of the Villages
of East Rochester and Fairport.
As used in this chapter, the following terms shall have the
meanings indicated:
All on-site operations involved in the treatment, processing
or further fabrication of soil, sand, or gravel, including washing,
grading, and sorting.
The Zoning Board of Appeals of the Town of Perinton.
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.
Any area from which topsoil or overburden has been removed
in preparation for removal of natural deposits or which has been filled
but not restored to an environmentally acceptable natural state.
The removal of sand, gravel, soil (including topsoil) by
stripping, digging or other means for the principal purpose of marketing
these deposits.
A vertical barrier of sufficient height, depth and construction
to deter the passage of humans or animals from one area to another.
Soil and all other natural material other than vegetation
overlying the material to be excavated.
The reparation to an environmentally acceptable natural state
of an area which has undergone physical change due to excavation and
related activities.
The layer of surface material which is composed of particles
not larger than two inches in diameter, of which not less than 90%
will pass a No. 4 sieve and not less than 25% nor more than 75% will
pass a No. 200 sieve, which contains not less than 3% nor more than
20% organic material, which has an acidity range of 5.5 pH to 7.6
pH and which is capable of nurturing ornamental plants.
A.
All excavations and appurtenant activities commenced henceforth shall
be in conformity with the provisions of this chapter.
B.
All temporary or permanent permits presently in effect at the date of adoption of this chapter shall be continued until their expiration date, but all operations under such permits shall immediately become subject to the standards and conditions of this chapter. The Board of Appeals has full power and authority to vary those standards and conditions during the period of said temporary or permanent permits if strict enforcement thereof would result in unnecessary hardship to such operators resulting solely from the enactment of this chapter. The Zoning Board of Appeals shall apply the criteria for a special permit set forth in § 208-54 when it considers an application for an excavation permit.
C.
No excavation or appurtenant activities shall be commenced until
a permit therefor shall have been issued by the Board of Appeals.
A.
Applications and all supporting documents, photographs and maps shall
be filed in quintuplicate with the Department of Public Works.
B.
Upon filing an application for an excavation permit, the applicant
shall pay to the Town a fee as set from time to time by the Town Board,
which shall be deemed a reasonable sum to cover the costs of administration,
no part of which shall be returnable to the applicant.
C.
At least 30 days prior to a public hearing held by the Board of Appeals,
copies of the permit application shall be submitted by the applicant
to the Town Planning Board, the Town Engineer, the Monroe County Department
of Planning, the Town Conservation Board, the Monroe County Soil and
Water Conservation District, the Monroe County Environmental Management
Council and the State of New York Department of Environmental Conservation
for review and recommendations.
D.
The time for the hearing, publication of the notice and mailing of
notices and procedure at the public hearing shall be governed by the
provisions of § 267-a, Subdivision 5, of the Town Law of
the State of New York, as the same may be amended from time to time,
or any sections subsequently adopted pertaining to such matters.
E.
Upon the conclusion of the public hearing, a transcript of the testimony
given, together with copies of all maps and exhibits and/or the minutes
of said hearing, shall be forwarded to the Planning Board and the
Conservation Board; and within 30 days after receipt of such information,
each Board shall report its recommendations thereon to the Board of
Appeals, accompanied by a full statement of the reasons for such recommendations.
If one or both Boards fail to report within such period of 30 days
or such longer period as may be agreed upon by it and the Board of
Appeals, the Board of Appeals may act without such report.
F.
Approval or denial of the application by the Board of Appeals shall
be rendered within 60 days after the conclusion of a public hearing
on said application, unless both the Board of Appeals and the applicant
mutually consent to a time extension. The applicant will be notified
of the decision, in writing, mailed to the address shown on the application.
G.
Excavation permits shall be issued for a period of no greater than
five years and shall be subject to semiannual site inspection and
review by the Department of Public Works and any other agent designated
by the Board of Appeals. A report of the semiannual inspection shall
be filed with the Board of Appeals and sent to the owner and applicant.
Inspection may also be made by an official Town agent at any reasonable
time as deemed necessary. Refusal to permit a duly authorized person
or agent to enter upon the premises for purposes of making any inspection,
authorized or required under the provisions of this chapter, shall
constitute a violation of the terms of the permit issued to said owner.
The cost of semiannual inspections and other inspections reasonably
required by the Town shall be charged directly to the applicant.
H.
If, upon any inspection and review, under the procedures of Chapter 115, Enforcement Procedures, of the Town of Perinton, it is determined that the excavation and appurtenant activities have not been conducted in full compliance with the terms of the excavation permit, the permit may be terminated by the Board of Appeals and the performance bond provided for in this chapter shall be forfeited to the Town.
I.
Renewal of an excavation permit upon its termination shall follow
the same procedures as those required in this chapter for the original
permit, except that if an application for renewal was properly filed
prior to the expiration of an existing permit the term of the existing
permit shall be deemed to be extended to the time that the Board of
Appeals files its decision in regard to the application for renewal.
After the approval of the application and before the issuance
of any permit, the applicant and each owner of record of the premises
other than the applicant shall jointly and severally execute and file
with the Town Clerk a performance bond secured by a letter of credit
or surety bond to the Town in the amount of at least $3,500 per acre
of disturbed area. The above party or parties guarantee that upon
termination of either the permit or the operation, whichever may come
first, the land shall be restored in conformity with both the permit
requirements and the standards set forth in this chapter. In the event
of default of compliance, such letter of credit or surety bond shall
be forfeited to the Town. The Town shall return to the applicant any
amount that is not needed to cover the costs of restoration, administration
and any other expenses reasonably and necessarily incurred by the
Town as a result of the applicant's default. Such bond shall
continue in full force and effect until a certificate of compliance
shall have been issued by the Town Engineer.
A.
All five copies of the application for each permit shall be signed
by the applicant and by each owner of the premises other than the
applicant and shall include the following information:
B.
Each copy of the application shall include prints from vertical aerial
photographs taken at a scale on the original negative no smaller than
one inch equals 1,000 feet, which are certified as flown not earlier
than one year prior to the date of application. The area covered by
the aerial photographs shall include all land within a distance of
at least one mile from the limits of the tract proposed for permit.
Prints from the aerial negatives shall be made at a scale of one inch
equals 100 feet.
C.
Each copy of the application shall include location maps in the form
of overlays to the aerial prints, giving the boundaries of the area
proposed for permit and any area which has previously been excavated,
and identifying all existing public and private land uses within a
distance of at least 1,000 feet of these areas.
D.
Each copy of the application shall include a natural features map
prepared by a licensed engineer or surveyor at a scale no smaller
than one inch equals 100 feet. The map shall show the following, both
within the tract proposed for permit and within 500 feet of the tract:
E.
Each copy of the application shall include an operations map presented
as an overlay to the natural features map. The following features,
including the area devoted to each, shall be shown:
(1)
Existing and proposed excavation areas.
(2)
Existing and proposed appurtenant activities, identified by type.
(3)
Existing and proposed access roads, identified by width and type
of surface material.
(4)
Existing and proposed parking facilities, identified by type of surface
material.
(5)
Existing and proposed fencing and buffers, identified by height and
type of material.
(6)
Area where topsoil will be temporarily stored for use in restoration.
F.
Each copy of the application shall include a restoration plan presented
as an overlay to the natural features map and consisting of whatever
supplementary descriptive materials are deemed appropriate. The restoration
plan shall include the following:
(1)
Boundaries of the area proposed for restoration.
(2)
Final topography of the area proposed for restoration at contour
intervals of five feet.
(3)
Final surface drainage pattern and the location and characteristics
of artificial drainage facilities in the area proposed for restoration
and in contiguous areas.
(4)
Depth and composition of topsoil proposed to be used in restoration.
(5)
The type and density of trees, shrubs, grasses and other vegetation
proposed to be used in restoration.
In approving or denying an excavation permit, 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 development 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.
A.
The disturbed area shall not exceed a total of 10 acres at any one
time.
B.
Setback.
(1)
No excavation shall be conducted closer than 100 feet to a public
right-of-way or adjoining property line.
(2)
This setback area shall not be used for any use in conjunction with
excavation or appurtenant activities except one sign for identifying
the use of the property, fencing, buffers, access roads and stockpiled
topsoil.
(3)
All structures and appurtenant activities shall not be located closer
than 200 feet to a public right-of-way or adjoining property line,
except that sedimentation ponds may be located within this setback
area if the applicant demonstrates that the topography necessitates
such a location and also demonstrates that, where appropriate, sufficient
safeguards such as a buffer will be provided for the protection of
neighboring environment and residents.
C.
Access roads and parking.
(1)
All access roads shall be designed to take advantage of buffers and
to include curves or other features to screen, as much as feasible,
excavation and appurtenant activities from public view. The junction
of access roads and public roads shall be at an angle of not more
than a deviation of 10° from a right angle (90°).
(2)
All major access roads shall be sufficiently free of dust and mud
to prevent such material from being spread or blown from the premises.
All precautions, such as oiling or watering daily, or more frequently
when necessary, shall be taken to prevent dust and sand from being
blown from the premises. The first 200 feet of access from a public
road shall be paved with an asphaltic concrete pavement.
(3)
Sufficient off-street parking shall be provided inside the setback
area for company, employee and visiting vehicles. The parking of any
such vehicle on a public right-of-way or the impeding of traffic or
creation of traffic hazards by the parking of any such vehicle shall
be prima facie evidence of failure to provide for adequate parking.
D.
Preservation of natural features.
(1)
Topsoil. All topsoil shall be stripped from the active excavation
area and shall be stockpiled for use in accordance with the restoration
plan, but no closer than 10 feet to any property line. Such stockpiles
shall be seeded, covered or otherwise treated to minimize the effects
of erosion by wind or water upon public roads, streams or other water
bodies or adjacent property. This provision applies to all excavations
except those for topsoil removal, in which case the provision applies
for only that topsoil which has been stripped for use in the restoration
plan.
(2)
Landscape. Existing hills, trees and ground cover fronting along
public roads or adjacent property shall be preserved, maintained or
supplemented by selective cutting, transplanting and addition of new
trees, shrubs and other ground cover for the purpose of providing
a buffer. If the existing topography and vegetation do not lend themselves
to such treatment, the operation shall take into consideration the
potential of grading back overburden around the perimeter of the excavation
site to create a berm for the purpose of providing a buffer, provided
that the berm is properly landscaped with trees, shrubs and other
ground cover. No berm shall be constructed within 40 feet of a public
right-of-way or adjoining property line.
(3)
Drainage. An adequate drainage system shall be provided to convey
stormwater runoff originating on or crossing the premises such that
the runoff follows, as much as feasible, the natural pattern of runoff
prior to excavation and such that it does not adversely affect neighboring
property owners. Excavated or disturbed areas adjacent to natural
bodies of water shall be undertaken in a manner approved by the Department
of Environmental Conservation of the State of New York. Soil erosion,
sedimentation and groundwater seepage shall be controlled so as to
prevent any negative effects on bodies of water, public roads and
neighboring properties.
E.
Other safeguards.
(1)
Fencing. Fencing shall be required on all sides of disturbed areas
that are within 500 feet of residences, unless the depth of excavation
is less than five feet. Fencing shall be erected no closer than 40
feet to a public right-of-way or adjoining property line. The fencing
shall be at least five feet in height. The Board of Appeals may require
a fence, berm or other buffer along part or all of the boundary for
safety, visual or other screening purposes.
(2)
Lateral support. Lateral support shall be sufficient to prevent the
hazard of damage to persons, adjacent properties and public roads
by reason of slides, sinking or collapse.
(3)
Hours of operation. Excavation and appurtenant activities shall be
conducted only between 7:00 a.m. and 5:00 p.m. on Monday through Friday
and between 7:00 a.m. and 1:00 p.m. on Saturday, and shall not be
allowed on Sundays. Material-hauling loaded trucks shall enter or
leave the premises only within the hours permitted for the operation
of excavation and appurtenant activities.
(4)
Noise. Noise from excavations, appurtenant activities and related
operations shall not be such as to interfere with the quiet enjoyment
of neighboring properties.
(5)
Spillage. Trucks shall be loaded to prevent spillage or windblown
matter during transport on public roads.
A.
No slope shall be left with a grade steeper than one foot of vertical
rise to three feet of horizontal distance, and the normal angle of
repose should not be exceeded in any case.
B.
All stumps, boulders and other debris resulting from the excavations,
appurtenant activities or related operations shall be disposed of
by approved methods. If disposed of on the site, such debris shall
be covered with a minimum of two feet of soil.
C.
Topsoil shall be spread over the excavated area to a minimum depth
of six inches.
D.
The restoration area shall be planted with trees, shrubs, grass or
other vegetation so as to provide for screening, natural beauty and
soil stability. The planting shall follow acceptable conservation
practices.
E.
Restoration shall be undertaken in such a way that natural and storm
drainage, where it enters and leaves the premises, shall be altered
only to the minimal degree necessary to carry out excavations and
appurtenant activities. Any alterations of natural and storm drainage
shall not adversely affect public roads or neighboring property owners.
F.
Restoration shall be a continuous operation, subject to review and
approval at each inspection and at the termination of the permit period.
Topsoil grading and planting of the area designated for restoration
during the permit period shall have been completed before a permit
renewal is granted.
G.
Within six months after termination of the excavation operation,
all equipment, buildings, structures and other unsightly evidence
of the operation shall have been removed from the premises or disposed
of by approved methods and all restoration shall have been completed.
The Board may from time to time on its own motion, on petition
or on recommendation of the Board of Appeals, Planning Board or the
Conservation Board, and in accordance with the laws of the State of
New York, amend, supplement or repeal the regulations or provisions
of this chapter.
Any person found guilty of a violation of the provisions of this chapter shall be punishable pursuant to Chapter 115, Enforcement Procedures.
