[Adopted 7-11-1957]
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.
A.
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.
B.
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.
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:
A.
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.
B.
Fill the area excavated below the normal water level
with clean nonburnable material containing no garbage, refuse, offal
or other unwholesome matter.
C.
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.[1]
[1]
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.
