[HISTORY: Adopted by the Town Board of the
Town of Kent 8-24-1970. (This chapter was originally adopted as an amendment to
Ch. 77, Zoning, thereby adding a new Article XVI, Sand, Topsoil and
Gravel Excavation, and was split off into a separate chapter 7-9-1973 by L.L. No. 10-1973.) Amendments noted where applicable.]
[Amended 3-26-1973]
The Town Board may grant a temporary permit
for the excavation of sand, gravel, topsoil, rock and other natural
material in accordance with the standards and procedures established
in this chapter.
[Amended 9-8-1970; 3-26-1973; 12-13-1999 by L.L. No. 5-1999]
A temporary permit may be issued upon the filing of a written application with the Town Board, together with all applicable fees as set forth in § 63-2.1 and a map and plan prepared by and bearing the seal of a land surveyor or professional engineer duly licensed to practice in the State of New York, said map and plan to designate the following:
A.
Existing contour lines on the premises and proposed
contour lines resulting from the intended excavation or removal of
soil, shown on a map drawn to a scale of not less than 100 feet to
the inch and with a contour interval not to exceed two feet.
B.
Existing and proposed drainage on the premises.
C.
Existing rivers, streams or watercourses on or adjacent
to the premises.
D.
Adjoining properties and streets.
E.
Proposed truck access to the property.
F.
A stormwater pollution prevention plan (SWPPP) consistent with the requirements of the Town of Kent Code, Chapter 66, Articles IV and V. The SWPPP shall meet the performance and design criteria and standards in Chapter 66, Article IV. The approved permit shall be consistent with the provisions of Chapter 66.
[Added 1-14-2008 by L.L. No. 2-2008[1]]
[1]
Editor's Note: This local law also renumbered
former Subsection F as Subsection G.
G.
Such additional information as the Town Board may
deem necessary in order to decide upon such application.
[Added 12-13-1999 by L.L. No. 5-1999]
All applications for a soil removal permit shall
be accompanied by a fee which shall cover the reasonable cost associated
with the processing and review of any such application submission
or request, excluding SEQRA processing and review fees as set forth
in Subsection E below.
A.
All application fees shall be nonrefundable and shall
be in an amount set forth in a fee schedule established, and amended
from time to time, by resolution of the Town Board.[1] No fees shall be required from the Town or any of its
districts. Fees shall be paid to the Town of Kent by certified check.
B.
The Town Board, in the review of any application presented
to it, may refer such application to any planner, engineer, environmental
expert, legal counsel or other professional as such Board shall deem
reasonably necessary to assist it in the review of such application
as required by law. Fees charged by such professionals shall be in
accordance with fees usually charged for such services in the metropolitan
New York region and pursuant to a contractual agreement between the
Town and such professional. All such charges shall be paid by the
Town upon submission of a Town voucher.
C.
The Town Board may suspend its review of an application
if all required fees are not paid to the Town of Kent. A building
permit or certificate of occupancy or use shall not be issued unless
all applicable fees charged in connection with the applicant's project
have been paid to the Town.
D.
No application or request shall be deemed complete
for review purposes without payment of any and all applicable fees.
E.
In the event that a positive declaration is issued
by the approval authority, in accordance with the provisions and procedures
of the New York State Environmental Quality Review Act (SEQRA), regarding
the subject application, the following procedures shall be followed
for that portion of the application review process:
(1)
The approval authority may require the establishment
of a SEQR escrow account funded by the applicant, from which withdrawals
shall be made to reimburse the Town for the cost of professional review
services. An applicant, upon request, shall be provided with copies
of any voucher for such services as they are submitted to the Town.
Such reimbursable costs shall be in addition to any and all other
required fees by this or any other section of this chapter or any
other Town law, ordinance or regulation.
(2)
The applicant shall deposit with the Town SEQR escrow
account funds as follows:
(a)
The applicant shall deposit an initial escrow
amount to be determined by the approval authority based on its evaluation
of the nature and complexity of the application and the pending SEQR
process. Said initial escrow amount is only an estimate and is for
the convenience of the applicant, and shall not be binding upon the
approval authority.
(b)
When the balance in a SEQR escrow account is
reduced to 1/2 of the initial escrow amount, the applicant shall deposit
additional funds into such account to bring its balance up to 100%
of the amount of the initial escrow amount, or to some lesser amount
as deemed acceptable by the approval authority to complete the environmental
review of the application. If such escrow account is not replenished
within 20 days after the applicant is notified, in writing, of the
requirement for such additional deposit, the approval authority may
suspend its review of the application. A building permit or certificate
of occupancy or use shall not be issued and no approval of plats,
subdivisions, site plans, conditional use permits, special permits
or any and all other development activities authorized by this chapter
which are at the request of an applicant shall be granted unless all
professional review fees charged in connection with the applicant's
project have been reimbursed to the Town.
(c)
SEQR escrow fees shall not exceed the amounts
allowed pursuant to SEQR 6 NYCRR Part 617, as may be amended from
time to time.
(d)
After all pertinent professional service charges
have been paid, the Town shall, upon request, refund to the applicant
any funds remaining on deposit in the SEQR escrow account.
F.
Collection of fees. All required fees shall be collected
by the Clerk or Secretary of the Board having jurisdiction over the
application.
[Amended 9-8-1970]
The Town Board, upon receipt of the completed
application as aforesaid described, shall hold a public hearing after
publication of notice thereof in the paper designated by the Town
Board at least 10 days prior to the hearing. The applicant is to receive
10 days' notice of the hearing by mail. The contiguous and adjacent
property owners shall be notified by regular mail by the Town Clerk.
[Amended 3-26-1972]
The Town Board shall approve, modify and approve
or disapprove the application within 30 days and may grant a temporary
permit, not exceeding one year, if it shall find that such excavation
will not result in an ecological change which is detrimental to the
area in question, or the creation of any sharp declivities, pits or
depressions or unsightly conditions, soil erosion, the destruction
of the fertility of the land, depressed land values, or create any
drainage or sewerage problems or other conditions which would impair
the use of the property in accordance with the Zoning Ordinance,[1] and that such excavation will be in harmony with the general
purpose and intent of the Zoning Ordinance, and if the Town Board
further finds that the operation to be permitted is capable of being
completed within the time provided in the permit.
A temporary permit shall be granted subject
to the work's being performed according to the following standards
and conditions:
A.
The premises shall be excavated and graded in conformity
with the proposed contour plan as approved.
B.
Slopes shall not exceed 15° to the horizontal
or such lesser slope that the Town Board may specify as necessary
for the public health or safety, soil stability or for the reasonable
use of the property after completion of the excavation.
C.
No fixed machinery shall be erected or maintained
in connection with the excavation and no building shall be erected
on the premises except temporary shelters for machinery and a field
office.
D.
There shall be no excavation or removal within 100
feet of any street or property line, except that where the property
to be excavated is considerably above street grade at the street line,
removal may take place at a lesser distance from the street line if
approved by the Town Board.
E.
There shall be no sharp declivities, pits or depressions,
and proper drainage will be provided to avoid stagnant water, soil
erosion and water pollution during and upon completion of operations.
F.
After excavation or removal, the premises shall be
cleared of debris within the time provided in the permit.
G.
The top layer of arable soil for a depth of 12 inches
shall be set aside and retained on the premises and shall be respread
over the premises, and a suitable ground cover shall be planted and
grown to an erosion-resistant condition, upon the completion of the
excavation or removal, in accordance with approved contour lines;
and the permittee shall maintain and repair all streets and roads
affected by the conduct of the excavation operations and by the transport
of any and all materials to and from the site and within the site;
and such work shall be completed within the time provided for in the
permit.
[Amended 9-8-1970]
H.
If required by the Town Board for the protection of
health, safety and general welfare, the area to be excavated or a
portion thereof shall be enclosed within a fence of such type, height
and location as the Town Board may specify.
I.
The Town Board may establish a schedule, to be filed
with the records of such application and temporary permit, showing:
(1)
Limitations on the days of the week or the hours of
the day during which any work may be performed on the premises.
(2)
Limitations as to the size and type of machinery to
be used on the premises.
(3)
Place and manner of disposal of excavated material.
(4)
Requirements as to the control of dust, noise and
lighting, if permitted, so as to prevent results injurious or offensive
to the general public.
J.
The Town Board shall require the applicant to submit
monthly reports, prepared by and bearing the seal of a land surveyor
or professional engineer licensed to practice in the State of New
York, showing the status and progress of the excavation.
K.
The Town Board may alter any standards or conditions
provided herein if in its judgment such alteration is necessary to
maintain the purpose and intent of this chapter.
L.
The Town Board may require the applicant to comply
with the provisions of the "Selective Clearing" section of the Town
of Kent Road Specifications,[1] which provide for and establish minimum clearing of natural
vegetation of road and building sites and prevention of storage, stockpiling
and maintenance of shed, shelters or any other materials or equipment
which will disturb the natural environment.
[1]
Editor's Note: See Ch. A80, Road Construction.
M.
The applicant shall file with the Town Board a performance
bond, in such form and with such surety as shall be acceptable to
the Town Board, in such amount as the Town Board may deem sufficient
to ensure the faithful performance of the work to be undertaken.
[Amended 9-26-2017 by L.L. No. 3-2017]
Any temporary permit issued pursuant to the
provisions of this chapter may be revoked by the Town Board after
notice in writing and a hearing, for the following reasons:
A.
Violation of any conditions of the temporary permit.
B.
Violation of any provisions of this chapter or any
other law or regulation relating to the work permitted.
C.
The existence of any condition or the doing of any
act constituting or creating a nuisance or endangering the life or
property of another.
[Added 3-26-1973]
Any person committing any offense against any
provision of this chapter shall, upon conviction, be punishable as
follows: by imprisonment for a term not exceeding 15 days or by a
fine not exceeding $250, or by both such fine and imprisonment.
