[Amended 2-11-2015 by L.L. No. 2-2015]
All sand or gravel excavations or other excavation activities commenced henceforth shall be in conformity with the provisions of this article and shall be located only within areas where specifically permitted in accordance with the provisions of Chapter
95, Zoning; provided, however, that the provisions of this article shall not apply to:
A. Excavations
necessary for the construction of a building or of a structure, including
the installation of a private sewage disposal system, for which a
building permit has been issued.
B. Excavations
for the location of public utilities, pipes and mains, including sewerage
and water distribution lines.
C. Excavation or grading shown on an approved subdivision plat, pursuant to Chapter
81, Subdivision of Land, or approved site plan, pursuant to Chapter
95, Zoning, Article
IX, Site Plan Approval (including the construction of ponds).
D. Excavation
or grading for the construction of driveways or sidewalks.
E. The digging or drilling of wells or the replacement of private sewer
disposal systems.
Before any excavation, activities are commenced for any purpose other than those excepted in §
47-1 of this Article, the owner, agent of the owner or lessee of the premises shall obtain a permit therefor from the Town Board. Five copies of the application for each permit shall be submitted, together with the required filing fee, as established by resolution of the Town Board, signed by the applicant and by the owner of the premises if other than the applicant.
A. The application shall include, but not be limited
to, the following:
(1) The name and address of the applicant and of each
owner of the premises.
(2) A description of the premises sufficient to readily
identify the same.
(3) A statement of each mortgage or other lien upon the
premises, together with the name and address of the holder of each
mortgage.
(4) A certification of the County Finance Officer showing
payment of all taxes and assessments to date for the property as described
in the application.
(5) Five vertical aerial photographs at a negative scale
no smaller than one inch equals 1,000 feet and certified as having
been taken within one year of the date of application. The area covered
by the vertical aerial photographs shall include:
(a) All land for which the excavation permit is requested
and all contiguous land which is or has been used by the owner or
lessee for excavation or appurtenant activities.
(b) All public roads bounding the proposed excavation
site and all structures on adjoining property within 100 feet of the
property line.
(c) A location map in the form of an overlay of the vertical
aerial photographs covering the land within a distance of at least
1,000 feet of the boundaries of the entire land for which a permit
is proposed, showing the existing classification of public land use.
(6) An identification plat (five copies) prepared by a
licensed engineer or surveyor at a scale of one inch equals 100 feet.
This plat shall be submitted to the Town Engineer and shall be subject
to his approval as to the sufficiency of data shown thereon. The plat
shall show:
(a) The boundaries of the entire tract for which the permit
is proposed, by bearing and distance; the existing topography at contour
intervals of five feet; and the location of all water sources within
500 feet of the tract for which the permit is proposed.
(b) The average thickness of overburden within the boundaries
of the tract for which the permit is proposed.
(c) The means of vehicular access, including type of surface,
to the tract for which the permit is proposed.
(7) An operations map showing the plan for the operation
of the excavation and appurtenant activities, which shall be presented
as an overlay to the identification plat. All of the following operations,
including the acreage to be devoted to them, shall be shown:
(a) Area of active excavation and area requested for excavation;
area of active appurtenant activities and area requested for appurtenant
activities.
(b) Area where topsoil and overburden will be temporarily
stored for the future use of restoring excavated areas.
(8) A restoration and revegetation plan (five copies),
presented as a map, at the same scale as the identification plat.
The restoration and revegetation plan shall be referred to the Monroe
County Soil and Water Conservation District for their recommendations.
All of the following items shall be included in the restoration and
revegetation plan:
(a) A topographical map showing final grades and drainage
facilities.
(b) Calculations of necessary fill from other sources
if such is needed.
(c) Methods and materials proposed for topsoil and planting
restoration.
B. The applicant shall also provide in writing, at the
time the application is filed, whatever approvals may be necessary
from the Town of Riga under any other local laws, ordinances or regulations
regulating operations in the area under consideration, as well as
any required approvals from the New York State Department of Environmental
Conservation to conduct an excavation operation and the approval of
any other federal, state or county authority having jurisdiction over
such operation.
All maps, aerial photographs and data filed
with the application shall be submitted to the Town Planning Board,
the Town Engineer, the Monroe County Department of Planning and the
Monroe County Soil and Water Conservation District for review and
recommendations. The Town Board shall approve or deny the application
within 60 days after a complete application is filed by the applicant
and following a public hearing. By mutual consent, the applicant and
the Town Board may extend the sixty-day period. The running of this
sixty-day period shall be suspended at any time during which the application
is returned to the applicant for the furnishing of additional information.
In granting or denying any application for an
excavation permit, the Town Board shall consider, among any other
issue it may deem relevant, either from its own knowledge and investigation
or from testimony, or from any other information submitted to it,
the following matters as the same are relevant to the application
under consideration:
A. Whether the proposed excavation operation will be
a nuisance in law or in fact; whether it will be noxious, offensive
or injurious by reason of production or emission of dust, smoke, refuse,
poisonous substances, odors, fumes, noise, radiation, vibration, unsightliness
or similar conditions; and whether it will contaminate waters.
B. The effect that the proposed excavation operation
will have on the orderly development and character of the neighborhood
of the proposed operation and upon the development and conduct of
other lawful uses in the vicinity.
C. Whether the proposed excavation operation will create
hazards or dangers to persons or property in the vicinity.
D. Whether the proposed excavation operation will have
any effect upon the environment and, specifically, upon natural wildlife
or waterfowl areas, marshes, swamps or wetland areas.
E. Whether the proposed excavation operation will adversely
affect any natural drainage or floodplain areas which may exist in
or about the proposed excavation area or whether such operation would
affect the general water quality within such area.
F. Whether the proposed excavation operation will divert,
eliminate or in any way affect any natural stream, pond or waterway
in or about the area.
G. Whether the proposed excavation operation would be
within the general welfare and public interest of the residents of
the surrounding area and of the Town of Riga in general.
H. What conditions, restrictions and safeguards may be
necessary, if it is determined that the application should be granted,
to protect property values in the vicinity of the proposed excavation
area and for the protection of the health, safety, morals, peace and
general welfare of the community and of the public.
The following conditions, together with any
other conditions which may be imposed by the Town Board in granting
an excavation permit, shall apply to any permit issued under this
Article:
A. The area of excavation which has not been restored
shall at all times be limited to the minimum acreage necessary to
economically conduct the excavation operation.
B. No excavation shall be conducted closer than 100 feet
to a public right-of-way or adjoining property line, except that grading
may be conducted within such limits in order to provide adequate access
to the premises. The setback area shall not be used for any use in
conjunction with the excavation and appurtenant activities, except
that the following shall be permitted in the setback area in accordance
with all conditions of the permit and any applicable town ordinances
or local laws: one public notice sign for identifying the use of the
property; fencing; berms and buffers; access roads and parking; and
stockpiling of topsoil.
C. No equipment, structures or other operation facilities,
including sedimentation ponds, shall be permitted closer than 200
feet to the right-of-way of the public highway or to an adjoining
property line. The Town Board may vary this provision where the applicant
demonstrates that the topography necessitates the need for a sedimentation
pond in such area and that sufficient safeguards will be constructed
or provided for the protection of neighboring residents. Screening
from public view will be provided where appropriate.
D. Each tract of land for which a permit for excavation
is granted shall have direct access only to major highways, and proof
of legal right to that access shall be obtained.
E. All access roads shall be constructed to include curbs
and such features as shall screen, as such as is feasible, excavation
and appurtenant activities from public view. The junction of the access
road and the public road must be at an angle of not more than 10°
deviation from a right angle [90°].
F. Fencing shall be provided on all sides of an excavation
area. The fencing shall be at least six feet in height and of a type
approved by the Town Board.
G. All topsoil and subsoil shall be stripped from the
active excavation area and stockpiled and seeded for use in accordance
with the restoration plan. Such stockpiles shall be treated so as
to minimize the effects of erosion by wind or water upon public roads,
streams or adjacent property. This provision shall be applicable to
all operations except that of topsoil removal.
H. Existing hills, trees and ground cover fronting along
public roads or adjacent property shall be preserved, maintained and
supplemented by selective cutting, transplanting and addition of new
trees, shrubs and other ground cover for the purpose of screening
and noise reduction. If, however, the existing topography and natural
vegetation do not lend themselves to an economically feasible supplement
plan, the operation can, if properly landscaped with grass, trees
and shrubs, have overburden graded back around the perimeter of the
excavation site to create a berm for the purpose of screening and
noise reduction. No berm shall be constructed within 25 feet of the
property boundaries.
I. Lateral support in excavation areas shall be sufficient
to prevent the hazard of damage to persons, adjacent properties and
public roads by reason of slides, sinking or collapse.
J. The hours of operation under an excavation permit
shall be only between 7:00 a.m. and 7:00 p.m. No operation shall be
allowed on Sundays. Loaded trucks may leave prescribed premises only
within such hours, except in the case of a public emergency or whenever
necessary repairs to equipment are required to be made.
K. All access routes leading to public highways shall
be dust- and mud-free. All precautions, such as oiling or watering
daily or more frequently if and when necessary, shall be taken to
prevent dust and sand from being blown from the premises. Also, the
first 200 feet of access from public roads shall be paved.
L. Operations shall not be detrimental to adjacent property
nor unduly interfere with the quiet enjoyment of adjacent property.
M. An adequate and comprehensive drainage system shall
be provided to convey stormwater runoff originating on and crossing
the premises, in accordance with the natural direction of runoff for
the total watershed area. No excavation shall be allowed closer than
50 feet to a natural stream. Sediment control measures must be installed
to keep all sediment damage on the applicant's property. Before approval
of the original or a renewal permit, the Town Engineer shall determine
whether or not the drainage system and control measures are adequate
and being used.
Any excavation permit granted by the Town Board
pursuant to this Article shall be effective for a period of up to
three years and shall be subject to annual site inspection and review
by the Town Engineer and/or any other agents designated by the Town
Board.
After the approval of the application by the
Town Board and before issuance of any permit hereunder, the applicant
and the owner of record of said premises shall:
A. File with the Town Clerk an easement, in a form satisfactory
to the Town Board and the Town Attorney, giving the Town of Riga the
authority to have officers and/or employees of the town enter upon
the premises to enforce the provisions of this Article and to require
such work to be done as may be necessary to meet the conditions in
the permit imposed by the Town Board.
B. Execute and file with the Town Clerk of the Town of
Riga, if required to do so by the Town Board, a bond to be approved
as to form, manner of execution and sufficiency of surety by the Town
Attorney, in a sum to be determined by the Town Board. In the alternative,
a cash deposit may be required, the sum to be determined as aforesaid.
Should the applicant desire a permit to conduct blasting operations,
the Town Board may require an undertaking not to exceed $20,000.
(1) Such bond or cash deposit shall be surety and condition
for the faithful performance of the conditions in this Article and
the observance of all other applicable ordinances and laws and the
conditions of the permit. The principals and surety or, in the event
of a cash deposit, the principals shall agree to indemnify and save
harmless the Town of Riga and the Superintendent of Highways of said
town from any and all damage to property of said town which may be
caused by the contemplated excavation or any operation in connection
therewith; and, in the event that the applicant applies for and receives
a permit to conduct blasting operations in connection with the excavation,
the undertaking on behalf of the principals and surety shall indemnify
all property owners, both public and private, against any damage caused
by reason of said blasting operation. In the event of default of compliance
with the conditions of this Article and other applicable ordinances
and laws and the conditions of the permit, such bond or cash deposit
shall be forfeited to the Town of Riga.
(2) Such bond or cash deposit shall continue in full force
and effect until a certificate of compliance shall have been issued
by the Town Clerk to the effect that all provisions of this Article
and other applicable ordinances and laws and the conditions of the
permit have been met.
If all operations undertaken pursuant to any
permit issued hereunder have been conducted in full compliance with
the terms of such permit and all provisions of this Article, the permit
may be renewed by the Town Board, upon recommendation of the Planning
Board and the Town Engineer, for a period no greater than that for
which the permit was originally issued. At least 10 days before taking
any such renewal action, the Town Board shall cause to be posted on
the official signboard of the town a notice of the proposed renewal
and a statement indicating clearly both the property affected and
the nature of the operation. All ordinances, laws and regulations
in effect at the time a renewal is granted will apply to the renewal
permit in the same manner as when a new or original permit is issued.
Commercial excavations in operation at the time
this Article becomes effective may be continued and will be issued
a temporary excavation permit for a period of 180 days. The owner,
lessee or operator of such existing operation shall thereafter apply
for a permit within 180 days of the effective date of this Article.
Any permit issued under this Article may be
revoked, after a hearing held upon 10 days' written notice to the
holder thereof, upon a determination by the Town Board that any condition
in this Article or of any other applicable ordinances or laws or any
conditions imposed in the permit have not been complied with, and
the bond executed by the holder of said permit and filed with the
Town Clerk or the cash deposit shall be used to remedy the default
or violation.