Town of Parma, NY
Monroe County
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The Town Board may approve an application for commercial excavation and/or mining operations in the RR Rural Residential District, provided that the following standards and provisions are maintained.
A. 
Prior to commencing any excavation or appurtenant activities, an application for a special permit shall be filed with the Town Clerk and approved by the Town Board, pursuant to the provisions of this chapter.
B. 
The Town Board may submit the application to the Town Planning Board, the Town Conservation Board, the Town Engineer, the Monroe County Department of Planning and Development and the Monroe County Soil and Water Conservation District or such other body or person it may deem suitable for review and recommendations.
[Amended 4-18-2000 by L.L. No. 1-2000]
C. 
The Town Board shall fix a reasonable time for a public hearing on the proposed special permit and shall publish notice thereof in a newspaper of general circulation in the Town not less than 10 days nor more than 30 days prior to the date of the hearing.
D. 
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.
E. 
Permits for commercial excavation operations shall be issued for a period of up to five years. Permits issued subject to these regulations shall, however, be conditioned upon the applicant's receiving a certificate of compliance every six months following its issuance after site inspection and review by an agent of the Town.
F. 
The applicant shall have 30 days in which to remedy any deficiencies reported in such site inspection and review. If such deficiencies are not remedied within the thirty-day period, the Town Board may revoke the special permit and proceed against its security in accordance with the terms thereof.
G. 
The renewal of a special permit for excavation shall follow the same procedures as those required in this chapter for the original permit, unless specific parts of the procedure are waived by the Town Board.
After the approval of the application and before the issuance of any special permit, the applicant and each owner of record of the premises other than the applicant shall jointly execute and file with the Town Clerk security, in form satisfactory to the Town. The security shall be required to assure that the conditions stipulated in the approval of the special permitted use permit, including the restoration of the site and reclamation of mined land in accordance with the approved site plan, are carried out.
A. 
The application for a special permit shall be signed by the applicant and by each owner of the premises other than the applicant and shall include the following information:
(1) 
Name and address of applicant.
(2) 
Name and address of each owner of the premises.
(3) 
A certification of the County Finance Officer showing payment of all taxes to date for the premises.
B. 
When applicable, 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.
C. 
All applications for a special permit under this section shall contain an operations plan in sufficient detail to describe the excavation operation, including active excavation and storage areas.
D. 
Each application shall include vertical aerial photographs at a negative scale no smaller than one inch equals 1,000 feet which are certified as drawn 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 1,500 feet from the limits of the tract proposed for the permit.
E. 
Each application shall include location maps in the form of overlays to the aerial photographs depicting the boundaries of the area proposed for the permit and the area which has been excavated and identifying all existing private and public land uses within a distance of at least 1,500 feet of these areas.
F. 
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 the special permit and within 500 feet of the tract:
(1) 
Existing topography at contour intervals of five feet.
(2) 
Areas of trees and forest.
(3) 
Average thickness of overburden.
(4) 
Surface drainage pattern.
(5) 
Location of all underground utilities and facilities.
G. 
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.
(3) 
Existing and proposed access roads, identified by width and type of surface material.
(4) 
Existing and proposed parking facilities, identified by type of surface material.
(5) 
Existing and proposed fencing and buffers, identified by height and type of material.
(6) 
Areas where topsoil will be temporarily stored for use in restoration.
H. 
Each copy of the application shall include a restoration plan, presented as an overlay to the natural features map and consisting of appropriate supplementary descriptive materials. The restoration plan shall include the following:
(1) 
Boundaries of the area proposed for restoration.
(2) 
Final topography of the area proposed for restoration at contour intervals of five feet.
(3) 
Final surface drainage patterns and the location and characteristics of artificial drainage facilities in the area proposed for restoration and in contiguous areas.
(4) 
Depth and composition of topsoil proposed to be used in restoration.
(5) 
The type and density of trees, shrubs and other vegetation proposed to be used in restoration.
In approving or denying a special permit for excavation, the standards and considerations taken into account shall include, but not be limited to, the factors concerning the proposed excavations, appurtenant activities and restorations as follows:
A. 
Whether they are in accord with the intent of the Town Comprehensive Plan.
B. 
Whether they will render the land unproductive or unsuitable for agricultural or development purposes.
C. 
Whether they will impair the aesthetic or natural environment of the excavation area or surrounding area.
D. 
Whether they will affect the character of surrounding land use.
E. 
Whether they will create excessive traffic or impair the quality of the existing and proposed thoroughfares, community facilities and drainage.
A. 
The active disturbed area which has not been restored shall, at all times, be limited to the minimal acreage necessary to economically conduct the excavation operation.
B. 
All structures and appurtenant activities shall conform to the setback requirements of this chapter except that sedimentation ponds may be located within the 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 to include curbs or 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.
(2) 
The first 200 feet of access to the excavation site adjoining a public road shall be paved.
(3) 
Sufficient off-street parking shall be provided for company employees and visiting vehicles. The parking of any vehicles on a public right-of-way or the parking of vehicles so as to impede traffic or create a traffic hazard shall be prima facie evidence of failure to provide adequate parking.
D. 
Preservation of natural features.
(1) 
Topsoil. All topsoil shall be stripped from the active excavation area and stockpiled for use in accordance with the restoration 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 shall apply to all excavations except those for topsoil removal, in which case the provision shall apply for only that topsoil which has been stripped for use in the restoration 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 the 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 is properly landscaped with trees, shrubs or other ground cover.
(3) 
No excavation shall be allowed closer than 50 feet to a river, stream, lake or other natural water body. Soil erosion, sedimentation and ground water seepage shall be controlled so as to prevent any negative effects on bodies of water, public roads and neighboring properties.
A. 
Where topsoil existed prior to excavation, it shall be respread over the excavated area to a minimum depth of six inches.
B. 
The restoration 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.
C. 
Restoration 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.
D. 
Restoration shall be a continuous operation, subject to review and approval at each semiannual inspection and at the termination of the permit period. Topsoil grading and planting of the area designated for restoration during the special permit period shall have been completed before a permit renewal is granted.
E. 
Within six months after termination of excavation operations, 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 restoration shall have been completed.
Any use of any building, structure or premises for excavation or appurtenant activities now lawfully in existence may be continued for a period of six months from the effective date of this chapter, after which time no further excavation, appurtenant or restoration activities may take place except in accordance with the terms and conditions of a special permit therefor issued by the Town Board. Any special permits issued for continuance of existing excavation activities shall be guided by the same standards as permits for new excavation activities, except that consideration shall be given to circumstances already existing insofar as literal enforcement of the standards herein may be more stringently applied to an existing activity than they would be if such activity were new.