As used in this chapter, unless the context or subject matter otherwise
requires, the following terms shall have the meanings indicated:
BANK EXCAVATION
Any excavation involving the removal of more than 500 cubic feet
of earth from which all water will fully drain to existing streams by gravity
without artificial means.
EARTH
Sand, gravel, stone, ore, clay, common soil, peat, muck, and other
minerals from the ground.
MINING
Use of any land or other premises for the extraction of ores or stone
from the earth whether by subterranean or surface digging or other process.
PIT EXCAVATION
Any excavation involving the removal of more than 500 cubic feet
of earth leaving a hole below the grade of the surrounding land.
QUARRY OPERATION
The use of any land or other premises for the extraction of, cutting
of, crushing, screening, washing, or processing of stone or stone-like material.
SAND OR GRAVEL OPERATION
The use of any land or other premises for the excavation or removal
of sand or gravel therefrom; or for the crushing, screening, washing, or processing
of sand or gravel in any manner thereon.
No lands or other premises shall be operated or used for sand, gravel, quarry, mining, or excavation operations without a currently effective permit issued by the Town Board in compliance with the provisions of this chapter, unless listed as an exception in §
100-4.
The following uses and operations by an owner or lessee of premises
or by his agent are hereby excepted from the application of this chapter:
A. Farming or construction purposes. Excavation or removal
of sand, gravel, stone, ore, earth, or other minerals when such excavation
or removal is necessary for the purpose of farming or for the purpose of construction
of a building or structure on said property immediately after completion of
the excavation.
B. Town operation. A sand, gravel, mining, or quarrying operation conducted by the Town of Clay shall be exempt from the requirement of obtaining of a permit under this chapter but shall comply with all regulations set forth in §
100-10 of this chapter.
C. Public utilities. Construction of drainage and sewage
disposal systems and other public utilities.
D. Ponds. Construction of private farm ponds, farm ditches,
and fire ponds.
Permit fees shall be as provided in Chapter
105, Fees.
All sand, gravel, quarry, mining, or excavation operations licensed
hereunder shall comply with the following regulations:
A. Hours; noise. Unless specifically permitted by the Town
Board, no operation referred to in this chapter shall be conducted after 7:00
p.m. or before 7:00 a.m. local time nor at any time on Sunday. All operations
shall be conducted without unnecessary noise. All equipment used shall be
equipped with mufflers.
B. Fencing. Whenever required by the Town Board as necessary
for the protection of the public, barriers, consisting of wire fencing of
a type known as "chain link" or "cyclone fence," or other types of fencing,
as approved by the Town Board, of such height as shall be specified by the
Town Board as necessary for the protection of the public considering the particular
circumstances of the terrain and location, substantially erected and with
no opening except necessary gates for ingress and egress, shall be erected
and maintained to prevent public access to the area of any operation permitted
hereunder or any part thereof. All gates shall be closed and locked at all
times except during the working hours of such operation, when the permittee
or his agent or employees shall be within. In addition to the foregoing, all
settling ponds or other flooded excavation shall be surrounded with fences
of appropriate height for the protection of the public.
C. Operating near property line or street. At no time shall
any sand, gravel, quarry, mining, or excavation operation permitted herein
be conducted any nearer to any property line than 50 feet or the boundary
line of any street or roadway than 200 feet.
D. Safety; slopes. All operations permitted hereunder shall
be conducted in a safe manner and all slopes shall be excavated and maintained
at safe angles to prevent collapse of ground surfaces above such slopes. Final
slopes shall not be inclined steeper than one foot vertical on a two foot
horizontal; provided, however, that where excavation to such final slopes
is impractical due to the nature of the material or of the operations, the
Town Board may permit a suitable alternate such as benching or collapsing
excavation faces.
E. Dust. A dust-preventive layer shall be spread on private
access roads and other traveled roadways within every pit or excavation where
required to protect the public and country-side against windblown sand and
dust.
F. Topsoil removal. Topsoil or strippings removed in connection
with operations regulated by this chapter shall not be removed from the premises
and shall be preserved for use in connection with the rehabilitation; provided,
however, that any excess topsoil or strippings may be removed. Excess is any
topsoil or strippings in excess of that required to allow a uniform cover
of strippings and a cover of topsoil at least four inches deep over any area
on which topsoil is required to be respread by this chapter.
G. Respreading of topsoil. Topsoil or strippings set aside and preserved for use in accordance with Subsection
F of this section shall be respread upon the surface of the land from which the earth has been excavated in accordance with the rehabilitation plan. Areas which are laid out as streets, parking lots, or areas to be occupied by buildings on a subdivision plot approved by the Town Planning Board may, at the discretion of the Town Board, be excepted from this requirement.
H. Grading. Upon completion of any separable excavation
operation regulated by this chapter, the excavation area shall be graded as
specified in the approved plan of rehabilitation.
I. Access roads. Access roads at all points, including but
not limited to the main entrance and exit, shall be at least 200 feet from
any existing residence or public building.
J. Vehicles. All vehicles hauling materials from any operation
permitted hereunder shall be loaded in such manner as not to spill materials
on public highways. All vehicles shall be required to come to a complete stop
before leaving the premises.
K. Fill. All materials used as fill shall be free from garbage,
refuse, offal, combustible or any deleterious or unwholesome matter unless
specifically approved by the Town Board.
L. Seeding. All areas on which topsoil or strippings have
been respread as required hereinabove shall be prepared for, seeded and maintained
with grass unless other vegetation or planting with vines or other covering
is specified in an approved plan of rehabilitation.
M. Private wells, interference with. No excavation shall
be carried on in such manner as will adversely affect private wells on adjoining
lands.
N. Support; drainage interference with. No removal of earth
from the ground shall be so made as to undermine, weaken, or deprive of support
other lands in the vicinity, or to substantially obstruct, impede, or change
the course of or the natural movement or flow of surface or subsurface water
thereon or therein, or otherwise adversely affect any public waterway or public
body of water or any waterway or body of water which is used as a part of
any public drainage system.
O. Location of crushers, etc. All facilities for the crushing,
screening, washing or processing of sand, gravel, stone, ore, earth or other
minerals shall be located only in areas approved by the Town Board.
P. Pit excavations. No pit excavation shall be carried on
so that any water accumulates in the bottom thereof, excepting stormwater
accumulations. In the case of existing accumulations of water other than stormwater,
no earth removal operations shall be carried on until such holes have been
filled with earth and the accumulations of water eliminated except ponds of
water actively used in the processing of sand and gravel which ponds shall
be adequately fenced at all times until the termination of operations at which
time the pond shall be refilled and graded.
Q. Excavation depth. The bottom of any bank excavation shall
not be dug to a point lower than will permit the gravity flow and drainage
of all water therefrom into existing channels without artificial means of
discharge except ponds not exceeding two feet in depth designed for fire protection,
irrigation, or public water supply purposes.
R. Discharge of firearms. No person shall shoot or discharge
any firearm within or into any excavation.
If the Town Board shall determine upon the request of an applicant for
a permit that no substantial rehabilitation of the premises shall be necessary
as a result of the proposed operations, or on any application pertaining to
an operation in existence at the time of the enactment of this chapter, or
whenever the applicant shall satisfy the Town Board that hardship or practical
difficulty shall exist, the Town Board, in its discretion, may waive any or
all of the requirements of this chapter by resolution.
Whenever an alleged violation of this chapter occurs, any person may
file a complaint in regard thereto with the Town Enforcement Officer who shall
investigate the same and report thereon to the Town Board.
If the Town Enforcement Officer or any authorized representative of
the Town of Clay finds that any operation permitted hereunder is not being
conducted in accordance with the provisions of this chapter, a notice in writing
shall be served upon the holder of the permit, directing that the conditions
therein specified be remedied within five days after the date of service of
such notice. If such conditions are not corrected after the expiration of
said five-day period, the Town Board may cause a notice in writing to be served
upon the holder of said permit requiring the holder of the permit to appear
before the Town Board at a time to be specified in such notice and show cause
why such permit should not be revoked or suspended. The Town Board may, after
hearing at which testimony of witnesses may be taken and the holder of the
permit permitted to be heard, revoke or suspend such permit if the Town Board
shall find that said operation is not being conducted in accordance with the
provisions of this chapter.