§ 220-38. Commercial excavation operations.

The Town Planning Board may approve a special permit for commercial excavation operations in the AR-1 Agricultural Rural Residential District, AR-2 Agricultural Rural Residential District and the RR-3 Rural Residential District, provided that in addition to compliance with the general requirements in § 220-35 of this article, the following standards are maintained:

A. 

General land use conditions. The following conditions are imposed for the purpose of protecting the health and safety of the Town's residents and preventing a nuisance to persons residing in the vicinity of the excavation operation, and to that end, they pertain to issues such as the location of the excavation operation, lot size and access.

(1) 

The minimum lot area for any such use shall be 20 acres.

(2) 

All buildings and excavation operations shall be located or shall occur not less than 100 feet from any street or property line. The setback area shall not be used for any use in conjunction with the excavation and appurtenant activities except for one business sign identifying the use of the property, fencing, berms, buffers, access roads and parking.

(3) 

Each tract of land to be granted a permit for excavation must have only direct access to improved highways, and the applicant must demonstrate proof of legal right to that access. The junction of the access and the public road must be at an angle of not more than 10° deviation from a right angle of 90°. The first 200 feet of access from a public road shall be improved to meet written specifications provided by the Town Planning Board to insure its suitability to carry heavy traffic.

(4) 

Operations shall not be detrimental to adjacent property nor unduly interfere with the quiet enjoyment of adjacent property.

(5) 

Permits under this section shall be issued for a period of one year and shall be subject to site inspection and review by the Zoning Officer in compliance with Town Code § 220-35H. If all operations undertaken pursuant to any permit issued hereunder have been conducted in full compliance with the term of such permit, and all provisions of this chapter, such permit may be renewed by the Town Planning Board for a period of one year. At least 10 days before taking any such renewal action, the Town Planning Board shall cause a notice to be published in the official Town newspaper and posted on the Official Sign Board a notice of the proposed renewal and a statement indicating clearly both the property affected and the nature of the operation. All regulations in effect at the time a renewal is granted shall apply to the renewal permit in the same manner as when a new or original permit is issued.

(6) 

Prior to taking action on any proposal for a permit under this section, the Town Planning Board shall request and receive a written report from the Town Engineer on the adequacy and/or appropriateness of the proposed excavation.

B. 

Operations plan conditions. The following conditions are imposed for the purpose of protecting the health and safety of the Town's residents and preventing a nuisance to persons residing in the vicinity of the excavation operation. In determining whether an applicant has met these conditions, the Town will review the applicant's New York State Department of Environmental Conservation (DEC) permit, when applicable. To the extent that the applicant's DEC permit addresses the conditions set forth below, the DEC permit conditions shall govern. To the extent that the applicant's DEC permit does not address the conditions set forth below, the conditions set forth below shall govern, and the Town reserves its rights to impose reasonable conditions consistent with land use planning principles.

(1) 

The applicant shall furnish evidence of a valid permit from the New York State Department of Environmental Conservation pursuant to Title 27, Article 23, of the Environmental Conservation Law, when applicable.

(2) 

All applications for a permit under this section must contain an operations plan in sufficient detail to describe the excavation operation, including active excavation and storage areas.

(3) 

All equipment used for excavations and processing shall be constructed, maintained and operated in such a manner as to eliminate as far as is practicable noises and vibrations and dust conditions which are injurious or a nuisance to persons living in the vicinity.

(4) 

All operations shall be conducted between the hours of 7:00 a.m. and 7:00 p.m., with no Sunday or holiday operations, except in the case of public or private emergency or whenever any reasonable or necessary repairs to equipment are required to be made.

(5) 

Where any open excavation will have a depth of 10 feet or more and a slope of more than 30°, there shall be a fence approved as to design, structure and height by the Town Planning Board, with suitable gates where necessary, effectively blocking access to the area in which such excavation is located. Such fence shall be located 50 feet or more from the edge of the excavation. All operations shall be screened from nearby residences as required by the Town Planning Board.

(6) 

The slope of material in any excavation shall not exceed the normal angle of repose or 45°, whichever is less.

(7) 

All access roads shall be constructed to screen excavation and appurtenant activities from public view as much as feasible.

(8) 

All topsoil and subsoil shall be stripped from the active excavation area and stockpiled and seeded for use in accordance with the reclamation plan. The location of topsoil to be stored shall be identified. Such stockpiles shall be treated to minimize the effects of erosion by wind or water upon public roads, streams or adjacent property. No topsoil shall be removed from the site without the express approval of the Town Planning Board.

(9) 

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 allow 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 to create a berm for the purpose of screening and noise reduction. No berm shall be constructed within 25 feet of any right-of-way line or other property boundaries.

(10) 

Lateral support shall be sufficient to prevent the hazard or damage to persons, adjacent properties and public roads by reason of sliding, sinking or collapse.

(11) 

All access routes leading to public highways shall be dust- and mud-free. All precautions such as applying calcium chloride or watering daily, or more frequently if and when necessary, shall be taken to prevent dust and sand from being blown from the premises.

(12) 

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 within 50 feet of a natural stream. Sediment control measures shall be installed to keep sediment damage, if any, totally within the applicant's property. The Town Planning Board shall determine whether or not the system and control measures are adequate and in force prior to approval of original or renewal permit.

(13) 

The application shall include a plan for the control of erosion and excessive groundwater seepage upon public roads, streams or adjacent property. The Town Planning Board shall determine whether or not the controls are adequate and, in force, prior to approval of the original or renewed permit.

C. 

Reclamation conditions. The following conditions are imposed to protect the health and welfare of the Town's residents by assuring the safe and productive use of mined lands and protection of aesthetic values of areas affected by mining through local mined land reclamation standards.

(1) 

All land which has been excavated must be reclaimed in accordance with reclamation plans approved by the Town Planning Board as part of the site plan review and approval process. Whenever possible, the Town Planning Board shall encourage excavation operators to reclaim areas on an ongoing basis as part of the excavation operation. All reclamation work shall be complete within one year after the termination of operations, at the expense of the operator. The reclamation plan shall be prepared by a licensed engineer, landscape architect or surveyor and provide for at least the following objectives:

(a) 

The removal of all buildings and structures used in the operations.

(b) 

All excavation must either be made to a water-producing depth, if permitted by applicable New York State laws, or graded and backfilled, and piles of waste material must be leveled.

(c) 

Excavations made to a water-producing depth shall be properly sloped to the waterline, with banks sodded or surfaced with soil of an equal equality to adjacent land area topsoil and shall be planted with trees, shrubs, legumes or grasses upon the parts of such area where revegetation is possible.

(d) 

Excavations not made to a water-producing depth must be graded or backfilled with non-noxious, nonflammable, noncombustible solid material and in a topographic character which will result in a substantial general conformity to adjacent lands. Such grading or backfilling and leveled piles of waste materials shall be designed to minimize erosion and shall be surfaced with a soil equal in quality to that of adjacent land area and planted with trees, shrubs, legumes or grasses upon the parts of such areas where revegetation is possible.

(2) 

A performance bond or some other financial guarantee shall be required to assure that the conditions stipulated in the approval of the special use permit including the restoration of the site and reclamation of mined land in accordance with the approved site plan are carried out.

(3) 

After any such excavation operation, the applicant shall make the site reusable for a use permitted in the district. Where topsoil is removed and ultimately replaced, sufficient arable soil shall be respread over the premises after the operation. The area shall be brought to final grade by a layer of topsoil one foot in depth or original thickness, whichever is more capable of supporting vegetation. Fills shall be of suitable material approved by the Town Engineer.