[HISTORY: Adopted by the Town Council of
the Town of East Greenwich 6-22-1993 by Ord. No. 595 as Secs. 9-121 to 9-132
of the 1993 Code. Amendments noted where applicable.]
No person shall open or operate a gravel bank
without first obtaining a permit therefor from the Town Council. Prior
to any permit being issued, the Building Official shall inspect the
premises where the gravel bank is operating or is proposed and shall
report his findings to the Town Council.
In addition to definitions otherwise herein
set forth, the following terms shall have the meanings in this section:
The individual charged by the Town with the issuance of building
permits.
A lot or parcel of land or portion thereof which is used
for the primary or principal purpose of extracting stone, sand, gravel,
loam or other earth materials.
The permit required by § 122-1 shall not be issued until application therefor is made to the Town Council. Such application shall be accompanied by:
A.
Four maps and plans prepared by a professional engineer
or registered land surveyor, drawn to a scale of one inch equals 40
feet and showing accurately the following:
(1)
The entire premises owned and the limits of the area
for which a permit is requested.
(2)
Existing and proposed land contours at a vertical
contour level of not more than one foot within the permit area and
the area within 200 feet in all directions therefrom.
(3)
Existing and proposed drainage, rivers, streams, watercourses
and swamps on and within 200 feet of the premises.
(4)
Proposed ingress and egress to the permit area, and
all fences and gates.
(5)
A permanent point or bench mark in a location safe
from disturbance for the duration of the permit, with a designation
of its elevation.
(6)
The storage area in which the applicant will stockpile
sufficient topsoil, as calculated by a professional engineer, soil
conservation commission or land surveyor, to cover the area to an
average depth of no less than four inches.
(7)
Any other information as requested by the Town Council
which shall be pertinent to the existing or proposed gravel bank.
B.
The number and type of equipment to be used in the
operation of the gravel bank and its location if it is to be permanently
located within the gravel bank for the duration of the gravel bank
operations.
C.
A statement indicating whether the applicant has made
application for and/or secured all necessary permits required under
any other federal or state law or Town ordinance, including a list
of such permits sought and/or secured.
In connection with the application for a permit,
the Town Council may grant or deny any application filed pursuant
to this chapter in whole or in part, and in so acting shall take into
account public health, safety and welfare, including the possibility
of dust, noise, unsightly waste, soil erosion, drainage problems and
protection of property values, together with such other factors as
it shall deem appropriate, and may impose conditions which, in its
discretion and judgment in each particular case, are designed to prevent
personal injury, to promote the health and welfare of the Town's residents
and to safeguard the surrounding area and the Town against permanent
and temporary injury to property values either during operation of
the gravel bank, including the handling and transportation of earth
materials, or after operations are completed. However, all permits
shall require:
A.
Buffer areas.
(2)
Reduction in the width of buffer areas may be allowed
by the Town Council upon application therefor and upon appropriate
conditions, provided that written consent of the affected abutters
and/or occupants and recommendation of the conservation commission
are first obtained and filed with the application.
B.
In earth material removal areas, ledge shall not be
left exposed above the approved grade, and all cleared trees, stumps
and brush shall be removed or completely buried. If buried, a plan
showing the location of all such buried trees, stumps or other material
subject to subsequent compacting by decay shall be filed with the
Building Official. However, no trees, stumps or other material subject
to decay shall be buried at an elevation below the maximum water table.
C.
All final bankings shall be graded to a slope no steeper
than one foot vertical to two feet horizontal.
D.
Following earth material removal, topsoil shall be
spread to a minimum depth of four inches. Seeding of the area shall
be done per the requirements of the Town Council.
E.
No excavation shall produce standing water.
F.
Earth material shall not be removed to an elevation
less than six feet above the maximum water table elevation.
G.
In earth removal operations involving two or more
acres, a bond shall be posted with the Town Clerk with penal sum and
surety satisfactory to the said Town Council, conditioned upon the
faithful performance by the applicant of the conditions of the permit.
Such bond shall not be less than $2,000 per acre of working area;
i.e., any area in condition other than its natural or reconditioned
state.
H.
Adequate measures shall be taken to prevent erosion
or depositing of sediment upon surrounding lands and streets or into
any waterway, pond or swamp.
I.
All work shall take place between the hours of 7:30
a.m. to 4:30 p.m., Monday through Friday, and 8:00 a.m. to 12:00 noon
on Saturday. No work shall take place on legal holidays.
J.
A fence of not less than six feet in height, with
gates as required, shall be erected around the permit area.
K.
Access roads to the site and within the permitted
area shall be treated to minimize dust conditions.
L.
No machinery for the screening, washing, crushing
or other like uses shall be permitted on the property, with the exception
of existing gravel banks where such machinery is located at the time
of adoption of this chapter.
M.
Earth removal operations shall be limited to five
acres at any given time. Each additional five acres, or a part thereof,
shall require a new permit.
N.
All land excavated must be rehabilitated within one
year of completion of the excavation. Rehabilitation of the area shall
be in conformance with the United States Department of Agriculture
Guidelines for Developing and Restoring Gravel Pits.
The Town Council shall issue such permits for
a period not to exceed one year. All permits shall specify the commencement
date and shall expire on the succeeding first day of January.
There shall be a fee as established by the Town
Council for any permit issued under this chapter. No reduction in
this fee shall be provided any application for a permit of less than
one year's duration.
Any permit holder may renew his permit by filing an application therefor in compliance with § 122-3. However, any application for renewal may incorporate by reference any document filed with the original application. All applications for renewal shall be filed with the Town Council prior to the first day of December in each year.
Any permit granted under the provisions of this
chapter shall not run with the land. Any conveyance of the premises
containing the gravel bank or a portion thereof shall require an application
for a new permit by the succeeding owner if gravel bank operations
are to be continued upon those premises or a portion thereof.
Any person who, after receiving a permit in
accordance with this chapter, violates the conditions set forth in
said permit or this chapter shall be subject to having such permit
revoked. No revocation shall be made without first giving notification
of the violation to the permit holder and a public hearing of a judicial
nature held.
This chapter shall be enforced by the Building
Official.
Any person, prior to the passage of this chapter,
who shall have owned or operated any gravel bank and who continues
to own or operate a gravel bank after the adoption of the ordinance
from which this chapter derives shall, within 30 days after the date
of passage hereof, file an application for permit in accordance with
the provisions of this chapter.
