Application procedure.
Before any excavation or appurtenant activities are commenced, the owner, agent of the owner or lessee of the premises shall file with the Planning Board an application for a special use permit and a filing fee as required by
§ 500-85: Filing procedure and fees. Before any application for a permit to mine is made to the New York State Department of Environmental Conservation (DEC), a permit is required from the Town. Such permit will ensure the Department of Environmental Conservation that the applicant for a state permit to mine has complied with all necessary regulations and/or ordinances and that the Town has seen and agreed to a mined land use reclamation plan that is consistent with the Town's present planning program. In all cases, five copies of the application for each permit shall be signed by the owner of the premises, if other than the applicant. It shall include, but not be limited to, the following information:
(1) Name and address of the applicant and of each owner of the premises.
(2) A statement of each mortgage or other lien upon the premises, together with the name and address of the holder of each mortgage or other lien upon the premises.
(3) A certification of the County Finance Officer showing payment of all taxes and assessments to date for the property as described in the application.
(4) Vertical aerial photographs, five copies, at a negative scale no smaller than one inch equals 1,000 feet and certified as flown not earlier than one year prior to the date of application. The area covered by the vertical aerial photographs shall include:
(a) All land requested for excavation permit 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 photography, covering the land within at least a 1,000-foot distance of the boundaries of the entire land proposed for permit, showing existing classification of public and private land use.
(5) An identification plat of which five copies shall be 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 proposed for permit by bearing and distance, existing topography at five-foot contour intervals and the location of all water sources within 500 feet of the tract proposed for permit.
(b) Average thickness of overburden within the boundaries of the tract proposed for permit.
(c) Location of all haulageways to and from the operation to minimize intrusions into residential areas and minimize dust.
(d) Any planned impoundment of water to provide lakes or ponds for wildlife at restoration.
(e) Planned drainage and water control for all affected areas so as to reduce soil erosion damage to adjacent lands.
(f) The sequence of cuts or excavations.
(g) Plans showing design standards that are consistent with present noise reduction techniques to reduce noise pollution to adjacent areas.
(6) An operations map showing the plan for the operation of 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.
(7) A written plan for reclamation and site plan map for the area involved shall be presented as separate portions from the above requirements in five copies. Said reclamation plan shall be referred to the Town Conservation Board and the Monroe County Soil and Water Conservation District for their recommendations. All items required for filing with the State of New York for a mined land permit shall be included in the reclamation plan.
Review of permit application.
(1) Prior to a public hearing held by the Town Board all maps, aerial photographs and data filed with the application shall be submitted to the Monroe County Department of Planning, Monroe County Environmental Management Council, if any, and the Monroe County Soil and Water Conservation District and the Town Conservation Board for review and recommendations. The Planning Board shall be responsible for receiving and processing all applications for permits for excavation and appurtenant activities and coordinating the annual site inspection. Approval or denial of the application shall be rendered within 60 days after a complete application is filed by the applicant, except if both the Planning Board and the applicant mutually consent on a time extension. The application shall be presumed approved if the Planning Board has not made a decision at the end of the sixty-day period.
(2) Renewal. 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 section, the time limit of such permit may be renewed by the Building Department 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 Building Department shall cause to be posted on the land affected a notice of the proposed renewal and a statement indicating clearly both the property affected and the nature of the operation. All ordinances 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.
Letter of credit.
After the approval of the application and before the issuance of any permit, the applicant and each owner of record of the premises other than the applicant shall jointly make, execute and file with the Town Clerk a letter of credit in the amount approved by the Town Engineer for each parcel of land to be used for excavation and appurtenant activities. The above party or parties guarantee that either upon termination of the permit or the operation, whichever may come first, the ground surface of the land so used shall be restored in conformity with both the approved specific requirements and the standards set forth in this section. In the event of default of compliance with the conditions of this section and any other applicable laws, such credit shall be forfeited to the Town. The Town shall return to the applicant any amount that is not needed to cover the costs of restoration, administration and any other expenses incurred by the Town as a result of the applicant's default. Such credit shall continue in full force and effect until a certificate of compliance shall have been issued by the Town Engineer after consulting with the Monroe County Soil and Water Conservation District and any other agency or agencies necessary to ensure that all provisions of the section and of the permit have been met.
Fee.
The owner or lessee of land under excavation shall pay a minimum fee as set by resolution of the Town Board. Failure to pay fees shall subject the offender to the penalties set forth in
Article XII: Penalties.
Dimensional and safeguard requirements.
(1) Permits for excavation within the geographical area outlined in the permit application shall be issued for a three-year period, subject to annual site approval and inspection by the Town Engineer and any other agency or agencies that the Town designates.
(2) The active excavation area shall not exceed a total of five acres at any one time.
(3) No excavation shall be conducted closer than 100 feet to a public right-of-way or adjoining property line, excepting 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 one public notice sign for identifying use, buffer effect and those conditions stated in Subsection E(8) of this section pertaining to top- and subsoil preservation.
(4) All equipment, structures and other operation facilities, including sedimentation ponds, shall not be closer than 200 feet to the right-of-way of the public highway or to an adjoining property line, except when the applicant demonstrates that the topography necessitates the location of a sedimentation pond elsewhere and also demonstrates that sufficient safeguards will be constructed or provided for the protection of neighboring residents. Screening from public view will be provided as required in this chapter and as may be additionally required by the Town Planning Board.
(5) Each tract of land to be granted a special permit for excavation must use only direct access to major highways and have proof of legal right to that access.
(6) All access roads shall be constructed to include a curve so as to screen the operation from public view; provided, however, that the junction of the access and the public road must be at an angle of not more than 10° deviation from a right angle.
(7) Fencing shall be required on all sides of an excavation area. Fencing no closer than 40 feet to a public right-of-way or an adjoining property line shall be at least five feet in height and of a type approved by the Planning Board.
(8) Topsoil preservation. 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 to minimize the effects of erosion by wind or water upon public roads, streams or adjacent property. This provision applies to all operations, except that of topsoil removal.
(9) Landscape. 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 does not lend itself to an economically feasible supplement plan, the operation can, if properly landscaped with grass, trees and shrubs, grade back overburden around the perimeter of the excavation site or create a berm for the purpose of screening and noise reduction. No berm shall be constructed within 25 feet of property boundaries. The type and design of screening shall be approved by the Town Board after referring the proposal to the Monroe County Soil and Water Conservation District and the Monroe County Department of Planning. Adequate maintenance approval of the landscape by the Town Engineer shall be required for all permit renewals.
(10) Safety. All operations shall be conducted in a safe manner with respect to the likelihood of hazard to persons; physical damage to adjacent land or improvement; or damage to any street by reason of slides, sinking or collapse.
(11) Hours of operation. The permitted hours of operation shall be between 7:00 a.m. and 1/2 hour after sunset, prevailing local time. No operations will be allowed on Sundays. Loaded trucks may leave prescribed premises only within such hours, except in the case of a public emergency or whenever any necessary repairs to equipment are required to be made.
(12) The developer must show all or any routes to and from the site.
(13) Dust and dirt control. All haulageway 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, dirt and sand from being blown from the premises. Also, the first 200 feet of access from public roads shall be paved.
(14) Noise. Operations shall not be detrimental to adjacent property nor unduly interfere with the quiet enjoyment of adjacent property or interfere with airport communications.
(15) Drainage system. An adequate and comprehensive drainage system shall be provided to convey the 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 applicant's property. The Town Engineer shall determine whether or not the system and control measures are adequate and being used before approval of an original or renewal permit.
(16) Flood and erosion control. The applicant shall include a plan for control of soil erosion and excessive groundwater seepage to public roads, streams or adjacent property. The Town Engineer shall determine whether or not the controls are adequate and being used before approval of an original or renewal permit.
Restoration and revegetation requirements.
(1) Timing. Restoration shall be a continuous operation, subject to field review and approval at each annual inspection and at the end of the permit period by the Town Engineer and anyone else designated by the Town Board. Grading of topsoil or cover material and planting of the area designated for restoration during the permit period shall have been completed before a permit renewal can be granted. Plans for reuse of a quarry that does not call for restoration shall be approved by the Planning Board and the Town Engineer.
