If, during the conduct of the work or restoration of the premises,
special circumstances unforeseen at the time of the application are
encountered, the Board may grant modifications to the approved plan
which, in the opinion of the Board, are reasonably necessary to complete
the work within the intent of this chapter. No request for modification
shall be considered if the applicant is in violation of the provisions
of this chapter.
In addition to all other legal and equitable remedies to enforce
this chapter, any person, firm or corporation violating or assisting
in the violation of any of the provisions hereof or any permit granted
hereunder shall be fined not more than $250 for each offense. Each
day of violation shall be deemed a separate offense.
If an earth materials application proposes a gravel mine or rock quarry that has as the only access a Town road which does not meet the minimum standards of Chapter 105, Roads, of the Code of the Town of Bethlehem, as amended, such application may be denied, unless the applicant has evidence of approval by the Board of Selectmen and Board of Finance for improvement of the road at the Town's expense or unless the applicant proposes to improve the necessary access at the applicant's own expense, in which case, the applicant shall execute an agreement and file a bond with the Board of Selectmen to guarantee the completion of the proposed public improvement within a period, not to exceed one year, as recommended by the Town Counsel and determined by the Board of Selectmen, which shall be a cash bond or a combination of a cash bond and a letter of credit. Said bond or bonds shall secure to the Town the actual construction and installation of such improvements. No less than the first $50,000 of the bond amount shall consist of a cash bond. Such agreement and bond shall remain in full force and effect until the street, drainage and other improvements have been accepted for public use and maintenance by the Town.
