No excavations for commercial purposes for the removal of sand, gravel, topsoil or rock, other than for the construction of a wall, building or part thereof and excavations made in connection with the operation of a farm for farm uses or a single and unconnected excavation operation involving a surface area of no more than 5,000 square feet or operation for removal of sod shall be commenced except in conformity with the provisions of this article.
Before the excavation or removal of any sand, gravel, topsoil or rock for commercial purposes, excluding, however, excavations for the construction of a wall, building or part thereof and excavations made in connection with the operation of a farm for farm uses or a single and unconnected excavation operation involving a surface area of no more than 5,000 square feet, the owner or lessee of the premises, or the agent of either of them, shall obtain a written permit therefor from the Town Board of the Town of Southeast for such excavation and removal.
Nothing herein contained shall require a person to obtain a permit or prevent him from removing topsoil from one part to another part of the same premises when such removal is made as an accessory use or is made for the purpose of improving said property.
Application for a permit or permits shall be made in writing to the official designated by the Town Board or, in the absence of such designation, to the Town Clerk, stating the location of the property for which the licensing permit is desired, the approximate time that will be required to complete the excavation and the estimated amount of material which will be excavated. The application shall be accompanied by a plot plan drawn to scale showing the location and dimensions of the affected property and the location and description of all buildings located thereon. The Town Board may, upon inspection of the application, require the applicant to furnish, in addition, a cross-section map of the property prepared by a duly licensed engineer of the State of New York showing elevations at intervals of 25 feet to 50 feet. Any building or plant on property used in processing, crushing, grading or as a distribution unit of the material excavated or removed or a building or plant on contiguous property owned by the same applicant shall be considered a part of the area for which a licensing permit is required.
[Amended 6-16-1988 by L.L. No. 5-1988]
The official designated by the Town Board or, in the absence of such a designation, the Town Clerk, before the issuance of such permission, shall charge and collect a minimum fee as set forth from time to time by resolution of the Town Board.
Such permits shall expire on the 31st day of December of the year in which they are issued.
Before the issuance of a permit, the owner or applicant shall execute and file with the Town Clerk a surety bond, the amount of which shall be fixed by the Town Board, but in no case shall it be less than $500, said bond to be approved by said Board as to form, sufficiency and manner of execution. The Town Board may accept a personal surety bond executed by two sureties satisfactory to the Town Board or accept collateral in lieu of a surety bond, provided that the personal surety bond or the collateral deposit agreement provides for a minimum penalty of $500 and is sufficient as to form and manner of execution. Said surety bond or deposit of collateral shall be conditioned for faithful performance of the conditions contained in this article and shall indemnify the Town of Southeast for the failure of the applicant to comply with the terms of this article.
Such bond or bonds or collateral agreement shall remain in full force and effect until a certificate of completion has been furnished by the Town Board of the Town of Southeast, certifying to the fact that all provisions of this article and conditions of the permit have been carried out to a satisfactory conclusion. An application for such certificate of completion shall be made by the owner, lessee, applicant or the agent of any of them by written request.
As to the excavations for the removal of topsoil only, a minimum of four inches of topsoil shall remain undisturbed upon the affected premises.
No excavation for removal of topsoil only shall be made within 10 feet of any property line.
Upon completion of operations under the terms of the permit as issued and upon the expiration of the permit, unless a new permit is applied for and granted to continue operations, the permittee shall, as a condition to the return of his security or the release of the surety or sureties, within a period of six months:
Grade and reasonably level the area subjected to excavations primarily for sand, gravel and removal of topsoil and surface the same with topsoil and reseed to ensure growth of vegetation.
Fill the area excavated below the normal water level with clean nonburnable material containing no garbage, refuse, offal or other unwholesome matter.
Clear the affected area which has been subjected to stone quarry purposes of buildings and machinery and leave it in a safe condition.
The hours of operation of any such excavation or removal of any sand, gravel, topsoil or rock or the operation of any rock pressure plant, cement mix plant or operations of a similar nature shall be limited to the hours of 7:00 a.m. to 5:00 p.m., Monday through Friday, and 7:00 a.m. to 1:00 p.m. on Saturday. Operations of any such commercial enterprise on a Sunday or any legal holiday is hereby prohibited.
The use of any lands or other premises for the aforesaid purposes which do not comply with the foregoing regulations is hereby prohibited. Nothing herein contained shall contravene any provision of Chapter 138, Zoning, of the Code of the Town of Southeast.
Editor's Note: Former Section 13, which immediately followed this section and which imposed penalties for offenses, was deleted 6-16-1988 by L.L. No. 5-1988.