[HISTORY: Adopted by the Town Council of the Town of Smithfield 9-22-1970;
amended 10-10-1979; 3-28-1989 (Ch. 16, Art. III, of the 1985 Code of Ordinances).
Subsequent amendments noted where applicable.]
As used in this chapter, the following terms shall have
the meanings indicated:
The extraction or removal of any sand, gravel, loam, topsoil, stone,
clay or shale, from deposits on any tract of land excluding, however, extracting,
removing, digging, mining or quarrying limestone, limerock or granite and
excluding operations of a sand and gravel plant in operation upon passage
of this act and the immediately surrounding 20 acres of industrial zoned land
upon which said sand and gravel plant is located and excluding also earth
removal involved in the process of grading land:
That person appointed by the Smithfield Town Council to serve as
the Environmental Affairs Officer or such other person designated by the Smithfield
Town Council to enforce the provisions of this chapter.
Any zoning district in which a single-family dwelling is an unconditionally
permitted use.
The Town of Smithfield, Rhode Island.
The Zoning Board of Review established by the Town of Smithfield.
Any person or entity violating any provision of this chapter shall be
subject to a fine of $100 for each offense, such fine to inure to the Town.
This chapter shall not be deemed to limit by implication or otherwise
any ordinance enacted pursuant to the authority of G.L. 1956, Title 45, Chapter
24.
The Environmental Affairs Officer may bring an action in the name of
the Town in Providence County Superior Court to restrain any violation of
or to compel compliance with the provisions of this chapter.
This chapter is adopted pursuant to the authority granted by Chapter 19 of the Public Laws of Rhode Island 1970, as amended by Chapter 493 of the Public Laws of Rhode Island 1988, and any other enabling authority. The purpose of this chapter is the promotion and preservation of the public health, safety and general welfare and in order to effect uniform regulation within the Town for earth removal as herein defined.
[Amended 2-1-2000]
With respect to earth removal operations on any tract of land, such
tract now or hereafter being in a residential use area as herein defined,
or within 50 feet of such district, the following regulations shall apply:
A.
The hours of earth removal operations shall be restricted
to the period between 7:00 a.m. and 6:00 p.m. on any Monday, Tuesday, Wednesday,
Thursday, Friday or Saturday, except if a legal holiday.
B.
Earth removal operations may not be conducted on Sundays
or on any legal holiday or for hours prior to 7:00 a.m. or after 6:00 p.m.,
except by special exception issued by the Environmental Affairs Officer.
C.
No initiation or lateral expansion of earth removal shall
be made within a distance of the greater of 25 feet of the boundary of the
tract of land upon which earth removal is to be carried on adjacent to residential
use property or within 50 feet of any dwelling.
D.
The boundary of any tract of land upon which earth removal
is being conducted adjacent to developed residential property shall be fenced;
such fencing shall be five feet in height and of such construction as to effectively
control access to the area in which such earth removal is being conducted.
E.
Calcium chloride and/or water shall be applied to all
non-hard-surfaced roads to be used for vehicular ingress or egress to the
tract of land upon which earth removal is conducted, and to the regularly
traveled roads within any such tract of land. Such applications shall be made
at intervals and in amounts sufficient to prevent observable dust from rising
from the road surface.
F.
Adequate drainage shall be provided to prevent the permanent
collection and stagnation of surface or underground waters and the flooding
or erosion of surrounding property.
Upon any land now or hereafter located within any use area other than
residential, the following regulations shall apply:
A.
Calcium chloride or oil shall be applied to all non-hard-surfaced
roads to be used for vehicular ingress or egress to the tract of land upon
which earth removal is conducted, and to the regularly traveled roads within
any such tract of land. Such applications shall be made at intervals and in
amounts sufficient to prevent observable dust from rising from the road surface.
B.
Adequate drainage shall be provided to prevent the permanent
collection and stagnation of surface or underground waters and the flooding
or erosion of surrounding property.
C.
When earth removal operations cease, all slopes on any
tract of land upon which earth removal has been conducted shall remain at
the natural angle of repose, and said tract will not be subject to erosion
by wind or water.
Upon special application containing a statement indicating the applicant's
reason for seeking a revision and after a showing that the literal enforcement
of this chapter will work a hardship, the Zoning Board of Review may grant
an exception to any terms or requirements of this chapter upon a finding that
such exception will not result in a substantial depreciation of surrounding
property.
A.
Real property acquired or leased prior to July 1, 1970,
for the purpose of earth removal and held for such purpose on the effective
date of this chapter shall be considered in use for earth removal whether
or not extraction has been actually commenced, and a license for earth removal
on such property shall be issued pursuant to this chapter upon compliance
with the requirements and prerequisites herein subject, however, to any ordinance
enacted pursuant to the authority of G.L. 1956, Title 45, Chapter 24. To qualify
under this subsection, the following conditions shall be considered as conclusive
evidence that such real property was acquired or leased and held for the purpose
of later mineral extraction:
(1)
Such real property was acquired or leased prior to July
1, 1970; and
(2)
Such real property was acquired or leased by an individual,
corporate or otherwise, engaged at the time of acquisition in the business
of mineral extraction; and
(3)
Such real property, or the substantial portion of such
property, has not been permanently developed for any residential, commercial
(other than farm or agricultural) or industrial purpose; and
(4)
Such real property contains mineral deposits of a demonstrable
economic value; and
(5)
On or before December 31, 1969, the owner or lessee of
such tract of land shall have filed in the office of the Town Clerk a statement
setting forth his intention to engage in earth removal on such tract of land
and describing the same.
Appeals from the decisions of the Environmental Affairs Officer to the
Zoning Board of Review shall be taken in the same manner as other appeals
to the zoning board and the procedure as to notice and hearings shall be the
same insofar as the same are consistent with this chapter.
The Town shall substantially comply with the provisions of this chapter
when engaging in earth removal for Town purposes.
Earth removal shall not be commenced or conducted without a license
for the same having first been issued by the Environmental Affairs Officer.
Prior to the issuance of a license pursuant to § 182-12, application for the same shall be made to the Environmental Affairs Officer for his inspection and approval. Such application shall contain:
A.
A plan prepared by a registered engineer setting forth
the existing contours of the tract of land and, based upon classifications
of preliminary samples of the material to be removed, the plan must also show:
(1)
The final contours of the tract of land upon completion
of earth removal operations; and
(2)
The type of ground cover to be planted or applied upon
completion of earth removal operations to effectively control wind and water
erosion; provided, however, if suitable fertile ground cover existed at the
beginning of earth removal, then the plan shall show that enough of said ground
cover is to be held in reserve and reapplied for a minimum thickness of three
inches;
B.
The opinion of a registered engineer that, upon completion of earth removal operations, all slopes on such tract, as set forth in the plan referred to in Subsection A of this section shall remain at the natural angle of repose; and
C.
A bond in the amount of $2,000 for each acre of such
tract of land to insure compliance with the requirements of this chapter.
Upon the submission of a license application which meets the requirements of § 182-13, the Environmental Affairs Officer shall consider the same and, upon his approval thereof and the payment of a license fee of $25, shall issue a license for earth removal on that portion of the tract of land specified in such approved application. Such approval by the Environmental Affairs Officer shall be based upon his finding that the application as presented is in proper order and that adherence to the required plan contained therein will, upon completion of earth removal operations on such portion of the tract of land, provide that:
If the licensee shall fail to complete the plan contained in the approved
application within the time specified therein, then, in addition to action
against the licensee's bond, the Town, after 30 days' written notice to the
licensee, is authorized to undertake and complete the plan. In the event of
such undertaking by the Town, the owner of the tract of land shall reimburse
the Town for its necessary expenses in connection therewith and such expenses
shall constitute a lien upon the entire tract of land of which any portion
has been specified in an approved application.
Any license for earth removal issued pursuant to this chapter may be
revoked by the Zoning Board of Review, after notice and hearing, for violation
of any of the provisions of this chapter.
By written notice directed to, and served upon the violator, the Environmental
Affairs Officer may order that any activity conducted in violation of this
chapter be ceased immediately.
