[HISTORY: Adopted by the Town Board of the Town of Sweden as indicated
in article histories. Amendments noted where applicable.]
[Adopted 11-30-1983 by L.L. No. 3-1983]
As used in this article, the following terms shall have the meanings
indicated:
The removal of sand, gravel, soil or other natural deposits by stripping,
digging or other means.
Soil and all other natural material other than vegetation overlying
material to be excavated.
A confined body of fresh water.
A.
No material resulting from any excavation for the purpose
of constructing a pond shall be sold or offered for sale except as hereinafter
provided in this subsection:
(1)
Material resulting from any excavation for the purpose
of constructing a pond may be sold for use on a public works project in the
Town of Sweden contracted for and by the state, county or Town.
(2)
The pond to be excavated shall be on property currently
used for agricultural, commercial or recreational purposes which will be enhanced,
improved and made more efficient, and the pond or excavation will ensure a
better water supply or drainage flow.
(3)
An applicant for sale of the material resulting from
the excavation of a pond shall make application to the Town Board of the Town
of Sweden for a permit to remove excavated material. Said application shall
be in writing; shall be signed by the applicant; shall indicate the proposed
method of disposal, including the location to which the material is to be
moved and the public works improvement project for which the material will
be used, including the completion date of the project; shall state the amount
of the material to be removed; and shall be accompanied by an application
fee as determined from time to time by resolution of the Town Board and set
forth in the Fee Schedule of the Town of Sweden.
(4)
The permit issued under this subsection shall expire
upon the completion date of the public works project where the material is
being used or as determined by the Town Board.
B.
All topsoil, overburden, stones, sand, gravel or other
materials removed from any excavation for the purpose of the construction
of a pond shall be disposed of upon the parcel, plot or lot upon which said
pond is constructed, except as hereinafter provided in this subsection:
(1)
When any person shall not be able to comply with the
requirements of this subsection, he may make application to the Town Board
of the Town of Sweden for a permit to remove excavated material. Said application
shall be in writing; shall be signed by the applicant; shall state the reasons
why the applicant cannot reasonably comply with the requirements of this subsection;
shall indicate the proposed method of disposal, including the location to
which the material is to be moved; shall state the amount of material to be
removed; and shall be accompanied by an application fee as determined from
time to time by resolution of the Town Board and set forth in the Fee Schedule
of the Town of Sweden.
[Amended 8-22-2006 by L.L. No. 3-2006]
A violation of this article shall be punishable by a fine not in excess
of $250 or imprisonment for not more than 15 days, or both. Each day's continued
operation in violation of the restrictions contained herein shall constitute
a separate offense.
[Adopted 3-28-1984]
It is the purpose of these regulations to provide for the proper uses
of the land and to require an orderly continuing reclamation of all land permitted
to be excavated for its resources. The objectives shall be:
A.
To protect the land proposed for excavation.
B.
To protect the surrounding land uses, natural environment
and people from damage or danger from the result of excavation and appurtenant
activities.
C.
To provide for a plan to restore the excavated land for
its ultimate reuse at the termination of excavation.
D.
To allow only those excavation uses which are in accordance
with the Town Comprehensive Plan and development objectives.
In accordance with Article 16 of the Town Law of the State of New York,
the Town Board of Sweden has the responsibility and authority to review and
approve, modify and approve or disapprove permits for excavation within the
Town. Pursuant to the above authority, the Town Board has prepared and adopted
these regulations setting forth standards to be followed in the preparation,
review and approval or denial of excavation permit applications.
In order that land may be excavated in accordance with this purpose,
these regulations are hereby adopted and shall be known and may be cited as
the "Regulations for Issuance of an Excavation Permit of the Town of Sweden."
Upon the approval of these regulations by the Town Board, excavation
within the Town of Sweden shall be in compliance with the standards and procedures
set forth herein.
Where these regulations impose greater restrictions than are imposed
by the provisions of any law, ordinance, regulation or agreement, these regulations
shall control. Where greater restrictions are imposed by any law, ordinance,
regulation or agreement than are imposed by these regulations, such greater
restrictions shall control.
For the purpose of these regulations, certain words used herein are
defined as follows:
Any person, firm or corporation or other entity making application
to the Town of Sweden to conduct excavation operations within the Town of
Sweden. The owner of any lands upon which excavation is proposed to be conducted
shall join in and is a necessary party to any application for a permit to
be issued.
All on-site operations, except excavation, involved in the treatment,
processing or further fabrication of soil, sand, gravel, rock, consolidated
or unconsolidated materials or natural deposits, including washing, sedimentation
ponds, grading, sorting, grinding, crushing, batching plants and aggregate
dryers.
Trees, hills, fences or other natural or artificial features which
are located so as to conceal or separate the excavation site and related activities
from other land uses and to reduce the negative effects on those land uses
of noise, glare, dust, unsightliness and other factors associated with the
excavation site and related activities.
Shall include but not be limited to such minerals as limestone, dolostone,
sandstone, marble, slate, flagstone, curbing, dimension stone, riprap, abrasives,
gypsum, iron, talc, titanium or other metallic or nonmetallic minerals.
The removal of earth, sand, gravel, soil (including topsoil), consolidated
or unconsolidated materials or other natural deposits by stripping, digging
or other means.
A vertical barrier of sufficient height, depth and construction to
deter the passage of humans or animals from one area to another.
Soil and all other natural material other than vegetation and topsoil
overlying the material to be excavated.
Shall refer to the finished elevations of the unconsolidated material
excavation sites and require the grading of the site to be such that it conveys
all surface water, including water falling on, entering onto and/or running
through the site, to points of lower elevation which are part of existing
drainage facilities beyond the excavated area. The conveyance specified above
shall be by natural means and without the aid or use of mechanical or siphoning
equipment or machinery. Depressions do not conform with the requirements of
this definition and must be filled and properly graded.
The reparation, to an acceptable natural state, in accordance with
standards provided herein, of an area which has undergone physical change
due to excavation and related activities.
The applicant's proposal for reclaiming the affected land, including a graphic and written description of the proposed use of all affected land, the method of reclamation and a schedule for performing reclamation. Such reclamation plan shall be in accordance with and contain, as a minimum, those criteria as set forth in §§ 95-14F and 95-17 hereof.
The layer of surface material which is substantially free of rock
and is capable of nurturing general vegetation.
All lands of the applicant, either owned or leased, which may be
affected by the proposed excavation and appurtenant activity.
Shall include but not be limited to such minerals as topsoil, borrow,
fill, peat, humus, sand or gravel.
A.
Except in conformity with the provisions of these regulations,
no excavating, removal or storage of earth, sand, gravel, rock, topsoil, consolidated
or unconsolidated materials or other similar material (excluding wood), or
appurtenant activities, other than excavation, removal or storage necessary
in connection with the construction of buildings, structures, retaining walls,
fences, private drives, parking lots, public improvements and public and private
utilities that have been reviewed and approved under subdivision and/or site
plan approval and farming activities, shall be carried on in the Town of Sweden.
B.
All preexisting excavations and/or appurtenant activities
in operation and in compliance with the excavation regulations at the time
when these regulations become effective may continue and will be issued a
temporary permit for a period of three months. To continue operation beyond
the period of the temporary permit, a permit shall be applied for and obtained
under the provisions of these regulations as hereinafter set forth.
A.
Before any excavation or appurtenant activities are commenced,
six copies of an application for an excavation permit upon a form established
by the Town Board from time to time shall have been filed with the Town Clerk
and this application shall have been approved and an excavation permit shall
have been granted by the Town Board and issued by the Town Clerk pursuant
to the provisions of these regulations.
B.
Upon filing an application for an excavation permit,
the applicant shall pay to the Town a filing fee therefor as established by
the Town Board by resolution from time to time, which shall be deemed a reasonable
sum to cover the cost of administration and which in no part shall be returnable
to the applicant.
C.
Upon receipt of a complete application and at least 30
days prior to a public hearing held by the Town Board, copies of the permit
application may be submitted to the Town Planning Board, the Town Environmental
Conservation Board, the Town Engineer, the Monroe County Planning Department
and the Monroe County Soil and Water Conservation Service for review and recommendations.
D.
The Town Board shall fix a reasonable time for a public
hearing on the proposed permit and shall publish notice thereof in a newspaper
of general circulation in the Town at least 10 days prior to the date of the
hearing.
E.
Approval or denial of the application by the Town Board
shall be rendered within 60 days after the public hearing, except if both
the Town Board and the applicant mutually consent to a time extension.
F.
The Superintendent of Highways for the Town of Sweden
shall be responsible for monitoring the quarry operations. This will include
random checking on blasting, dust and hydrologic systems. The Superintendent
of Highways will receive copies of all blasting and hydrologic survey reports.
These are to be kept on file in the Town Hall and will be available for inspection
by anyone during regular business hours. Copies can be made by the Town Clerk
at the usual charge. Complaints will be investigated by the Town Board in
cooperation with the Superintendent of Highways.
G.
Excavation permits shall be issued for a period of no
greater than five years and shall be subject to annual site inspection and
review by the Town Engineer and/or any other agent(s) designated by the Town
Board. The applicant is required to submit annually for review updated aerial
photographs and/or survey maps to aid in this review, as specified by the
Town Board.
H.
If, upon the annual inspection and review, excavation
and appurtenant activities have not been conducted in full compliance with
the terms of the excavation permit, the applicant shall have 30 days from
receipt of written notice of violation within which to commence remedial action
to come into compliance with the terms of the permit. The Town may, in its
discretion, extend the time for compliance. If the applicant fails to commence,
pursue or complete remedial action or if the Town does not extend the time
for compliance, then in default thereof, the permit, at the Town's option,
may be terminated and the letter of credit may be forfeited to the Town.
I.
The excavation permit shall remain in force for a period
not exceeding five years from the date issued. An application for renewal
shall be filed with the Town Clerk not less than 60 days before the expiration
of the permit, together with a filing fee as established from time to time
by resolution of the Town Board. The renewal application shall include a certification
by the applicant of any change from the application as approved and that the
applicant is in compliance with the existing permit. Renewal thereafter for
successive periods not exceeding five years shall be granted upon a finding
by the Town Board that the applicant is in compliance with the original permit
or as amended for which the applicant is seeking a renewal.
Where there are practical difficulties or unnecessary hardships in the
way of carrying out the strict letter of these regulations, the Town Board
of the Town of Sweden shall have the power in passing upon the application
required herein to vary or modify any of the regulations or provisions contained
herein so that the spirit of the regulations shall be observed, public safety
and welfare secured and substantial justice done.
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 execute and file with the Town Clerk a letter of credit to the Town in an amount acceptable to the Town Board for each acre of land within the area to be used for excavation or appurtenant activities. The above party or parties guarantee that upon termination of either the permit or the operation, whichever may come first, the land shall be restored in conformity with both the permit requirements and the standards set forth in this article. In the event of default of compliance after notice and opportunity to cure as set forth in § 95-11H, such letters of 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 reclamation, administration and any other expenses incurred by the Town as a result of the applicant's default. Such letters of credit shall continue in full force and effect until a certificate of compliance shall have been issued by the Town Engineer and/or any other agent(s) designated by the Town Board. The Town may accept the reclamation bond and mined land use plan provided to the New York State Department of Environmental Conservation (DEC) for issuance of a New York State mining permit in lieu of a letter of credit to the Town for compliance with this regulation.
A.
All six copies of the application for each permit shall
be signed by the applicant and by each owner of the premises other than the
applicant and shall include the following information:
B.
Each copy of the application shall include vertical aerial
photographs at a negative scale no smaller than one inch equals 1,000 feet
which are certified as flown not earlier than one year prior to the date of
application. The area covered by the aerial photographs shall include all
land within a distance of at least 3,000 feet from the limits of the tract
proposed for permit.
C.
Each copy of the application shall include location maps
in the form of overlays to the aerial photographs giving the boundaries of
the area proposed for permit and the area which has been excavated and identifying
all existing utilities adjacent to and on said premises and the proposed protections
or treatment thereof.
D.
Each copy of the application shall include a natural
features map prepared by a licensed engineer or surveyor at a scale no smaller
than one inch equals 200 feet. The map shall show the following both within
the tract proposed for permit and within 200 feet of the tract:
(1)
Present and proposed contour lines.
(a)
The location of three bench marks.
(b)
The contour interval shall be five feet, or as specified
by the Town Engineer.
(c)
Contour lines shall extend 200 feet beyond the property
lines to indicate the nature of the adjacent property.
(d)
Any other information which may be required for proper
review.
(e)
Spot elevations and/or cross sections as determined by
the Town Engineer.
(2)
Areas of trees and forest.
(3)
The average thickness of overburden.
(4)
The surface drainage pattern, including any drainage
system to be installed during and after completion of work.
(5)
Grades of all creeks or drainage ditches at fifty-foot
intervals for a minimum distance of 500 feet beyond the parcel of land covered
by the permit.
(6)
Remaining lands. If the application covers only a part
of the applicant's tract, an aerial photograph of the entire tract, at a minimum
scale of 400 feet equals one inch, shall be provided. The part of the applicant's
tract submitted for approval shall be considered in light of the entire tract.
E.
Each copy of the application shall include an operations
map, presented as an overlay to the natural features map. The following features,
including the area devoted to each, shall be shown:
(1)
Existing and proposed excavation areas.
(2)
Existing and proposed appurtenant activities, identified
by type, including the location of the proposed structure, either temporary
or permanent.
(3)
Existing and proposed access roads, identified by width
and type of surface materials.
(4)
Existing and proposed parking facilities, identified
by type of surface material.
(5)
Existing and proposed fencing, berms and buffers, identified
by height and type of material.
(6)
Areas where topsoil will be temporarily stored for use
in reclamation and other materials stockpiled.
F.
Each copy of the application shall include a reclamation
plan, presented as an overlay to the natural features map and consisting of
whatever supplementary descriptive materials are deemed appropriate. The reclamation
plan shall include the following:
(1)
Boundaries of the area proposed for reclamation. In this
regard, corner posts shall be used to designate the land area involved during
the application review period. The top of such corner posts shall be painted
red for four inches to six inches and shall be at least four feet above ground
level and placed in position by a licensed engineer or surveyor. The posts
may be removed by the applicant following the issuance of the permit.
(2)
The final topography of the area proposed for reclamation.
(a)
The location of three bench marks.
(b)
The contour interval shall be five feet or as specified
by the Town Engineer.
(c)
Contour lines shall extend 200 feet beyond the property
lines to indicate the nature of the adjacent property.
(d)
Any other information which may be required for proper
review.
(e)
Spot elevations and/or cross sections as determined by
the Town Engineer.
(3)
The final surface drainage pattern and the location and
characteristics of drainage facilities in the area proposed for reclamation
and in contiguous areas.
(4)
The depth of topsoil proposed to be used in reclamation.
(5)
The type, density and general location of trees, shrubs
and other vegetation proposed to be used in reclamation.
G.
In lieu of permit application materials specified in § 95-14 herein, at the Town Board's option, the applicant may provide a copy of a mined land reclamation permit application, dated or issued within one year of the date of application to the Town of Sweden, which has been deemed complete and approved by the Department of Environmental Conservation. Any modifications or amendments to such plan made prior to final approval by the DEC shall be incorporated into the application filed with the Town by the applicant.
In approving or denying an excavation permit, the standards and considerations
taken into account may include but not be limited to the following: whether
the excavation, appurtenant activities and proposed reclamation plan are in
accordance with these regulations; whether they will cause soil erosion or
the depletion of vegetation; whether they will render the land unproductive
or unsuitable for agricultural or development purposes or productive or suitable
for recreation, wildlife habitat or other purposes; whether they will impair
the aesthetic or natural environment of the excavation area or surrounding
area; whether they will adversely affect the character of surrounding land
use; and whether they will create excessive traffic or impair the quality
of the existing and proposed thoroughfare facilities, community facilities
and drainage.
A.
The active excavation area which has not been restored
shall at all times be limited to the minimal acreage necessary to conduct
the excavation operation.
B.
Setbacks.
(1)
No excavation shall be conducted closer than 100 feet
to an adjoining property line or 500 feet to existing residences. A residence
is defined as a structure used for human habitation, constructed prior to
making permit application.
(2)
This setback area shall not be used in conjunction with
excavation or appurtenant activities, except one sign for identifying the
use of the property, fencing, berms, buffers and access roads.
(3)
All structures and appurtenant activities erected or
constructed after the adoption of these regulations, excepting reclamation
activities, shall not be located closer than 100 feet to a public right-of-way
or adjoining property lines, except that sedimentation ponds may be located
within this setback area if the applicant demonstrates that the topography
necessitates such a location and also demonstrates that, where appropriate,
sufficient safeguards such as a buffer will be provided for the protection
of neighboring residents.
C.
Access roads and parking.
(1)
All access roads shall be designed to take advantage
of buffers and other features to screen, as much as feasible, excavation and
appurtenant activities from public view. The junction of access roads and
public roads shall be at an angle of not more than 10° deviation from
a right angle (90°).
(2)
All major access roads shall be sufficiently free of
dust and mud to prevent such material from being spread or blown from the
premises. All precautions, such as oiling or watering periodically and when
necessary, shall be taken to prevent dust and sand from being blown from the
premises. The first 200 feet of access from a public road shall be surfaced
with washed gravel at a depth of at least six inches.
(3)
Sufficient off-street parking shall be provided for company
employees and visiting vehicles. The parking of any such vehicle on a public
right-of-way or the impeding of traffic or creation of traffic hazards by
the parking of any such vehicle shall be prima facie evidence of failure to
provide for adequate parking.
D.
Preservation of natural features.
(1)
Topsoil. All topsoil shall be stripped from the active
excavation area and shall be stockpiled for use in accordance with the reclamation
plan. Such stockpiles shall be seeded, covered or otherwise treated to minimize
the effects of erosion by wind or water upon public roads, streams or other
water bodies or adjacent property. This provision applies to all excavations
except those for topsoil removal, in which case the provision applies for
only that topsoil which has been stripped for use in the reclamation plan.
(2)
Landscape. Existing hills, trees and ground cover fronting
along public roads or adjacent property shall be preserved, maintained or
supplemented by selective cutting, transplanting and addition of new trees,
shrubs and other ground cover for the purpose of providing a buffer. If the
existing topography and vegetation do not lend themselves to such treatment,
the operation shall take into consideration the potential of grading back
overburden around the perimeter of the excavation site to create a berm for
the purpose of providing a buffer, provided that the berm has proper ground
cover. Specific plantings shall be those as approved by the Town Board.
(3)
Drainage. An adequate drainage system shall be provided
to convey stormwater runoff originating on or crossing the premises such that
the runoff follows, as much as feasible, the natural pattern of runoff prior
to excavation and such that it does not adversely affect neighboring properties.
Soil erosion, sedimentation and groundwater seepage shall be controlled so
as to prevent any negative effects on bodies of water, public roads and neighboring
properties. No excavation shall be allowed closer than 50 feet to a stream
or other natural water body without providing an acceptable plan approved
by the DEC. The proposed grading and slope and the necessary auxiliary appurtenances
shall provide adequate drainage to existing drainage facilities as shall be
approved by the Town Engineer before removal operations are commenced.
E.
Other safeguards.
(1)
Fencing. Fencing may be required on all sides of an excavation
unless the slope of the sides of the excavated area is no steeper than one
foot of vertical rise to two feet of horizontal distance. Height and type
of fence are to be approved by the Town Board.
(2)
Lateral support. Lateral support shall be sufficient
to prevent the hazard of damage to persons, adjacent properties and public
roads by reason of slides, sinking or collapse.
(3)
Hours of operation. Hours of operation are to be approved
by the Town Board at the time of approval of the excavation permit.
(4)
Noise. Noise from excavation, appurtenant activities
and related operations shall not exceed 75 decibels on the A-weighted network
at a constant level at the property line.
(5)
Warning system. The application shall include a prepared
blasting warning system for adjacent residents, acceptable to the Town Board.
(6)
Blasting and monitoring.
(a)
USBM Report of Investigations No. 8507 will be used as
the basis for allowable vibration and air blast levels.
(b)
Monitoring shall be conducted at the closest residence
to the blast, subject to inspection and verification by the Town of Sweden.
(c)
Blasting will not be carried out closer than 500 feet
to existing residences or 100 feet to property lines.
(d)
Blasting operations shall conform to procedures recommended
by a qualified consultant engaged for that purpose.
(e)
If public water supply is not available, test wells
shall be established and monitored.
A.
No slope shall be left with a grade steeper than one
foot of vertical rise to two feet of horizontal distance. All final grading
plans shall provide for continuity of preexisting drainage patterns over and
across the tract, to the extent possible, and shall otherwise be such as to
adequately provide for the maintenance of preexisting drainage patterns and
flows both with respect to quantity and rate of runoff, so as to not adversely
affect drainage on neighboring properties.
B.
All stumps, boulders and other debris resulting from
the excavation or appurtenant activities shall be disposed of by approved
methods. If disposed of on the site, such debris shall be covered with a minimum
of two feet of soil.
C.
Topsoil shall be respread over the excavated area to
a minimum depth of four inches, and sufficient topsoil shall be stockpiled
on the premises to provide complete ground cover for the exposed area.
D.
The reclamation area shall be planted with trees, shrubs,
grass or other vegetation so as to provide for screening, natural beauty and
soil stability. The planting shall follow acceptable conservation practices.
E.
Reclamation shall be undertaken in such a way that natural
and storm drainage, where it enters and leaves the premises, shall be altered
only to the minimal degree necessary to carry out excavation and appurtenant
activities. Any alterations of natural and storm drainage shall not adversely
affect public roads or neighboring property owners.
F.
Reclamation shall be a continuous operation, subject
to review and approval not less than at annual inspection and at the termination
of the permit period. Topsoil grading and planting of the area designated
for reclamation during the permit period shall have been completed before
a permit renewal is granted, weather permitting, or at the Town Board's option,
the applicant's mined land application must provide an acceptable plan for
reclamation in lieu of its completion at the time of renewal.
G.
Within two years after termination of the excavation
operation all equipment, buildings, structures and other unsightly evidence
of the operation shall have been removed from the premises or disposed of
by approved methods and all reclamation shall have been completed.
A.
Nothing herein contained shall require a person to obtain
a permit for moving of the hereinabove mentioned materials from one part of
his premises or tract of land to another part of the same premises or tract
of land when such is necessary for regrading or improvement of said land;
provided, however, that:
(1)
Any person engaged in the stripping, cutting, digging,
grading, leveling or filling of any property (except land being prepared or
maintained for agricultural production) when such activities may or do cause
soil erosion by wind or water, pollution or contamination of surface runoff,
streams or creeks, or unsightliness or may endanger the general health, safety
or welfare shall be subject to review by the Sweden Planning Board which may
determine that the aforementioned activities must be modified or terminated.
B.
Nothing herein contained shall prevent a cemetery from
excavating for a grave, headstone or monument and removing or storing the
surplus dirt or material resulting from such excavation.
[Amended 8-22-2006 by L.L. No. 3-2006]
A violation of these regulations or any provisions or part hereof by
any person, firm or corporation is hereby declared to be a violation for purposes
of conferring jurisdiction upon the courts and judicial officers generally,
and therefore in accordance with the provisions of the Penal Law of the State
of New York a fine of not more than $250 or imprisonment for not more than
15 days, or both, can be imposed. Each day's continued violation shall constitute
a separate violation. Notwithstanding the penalties herein provided, the Town
of Sweden may enforce obedience to this article or any part thereof by injunction
to restrain the violation thereof.
A.
A permit shall be issued by the Town Clerk of the Town
of Sweden, provided that all requirements set forth in these regulations have
been complied with by the applicant. Such permit shall state on its face the
permit period, the location of the activities covered by the permit, the name
of the owner(s) and/or applicants and the conditions, if any, established
by the Town Board in its resolution approving such permit application.
B.
The applicant shall pay, prior to the issuance of a permit
hereunder, the appropriate fee therefor as established by the Town Board by
resolution from time to time.
