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Town of East Greenwich, RI
Kent County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Council of the Town of East Greenwich 6-22-1993 by Ord. No. 595 as Secs. 9-121 to 9-132 of the 1993 Code. Amendments noted where applicable.]
GENERAL REFERENCES
General penalty — See Ch. 1, Art. III.
Earth removal — See Ch. 85.
Fees — See Ch. 93, Art. I.
Soil erosion and sedimentation control — See Ch. 207.
Zoning — See Ch. 260.
No person shall open or operate a gravel bank without first obtaining a permit therefor from the Town Council. Prior to any permit being issued, the Building Official shall inspect the premises where the gravel bank is operating or is proposed and shall report his findings to the Town Council.
In addition to definitions otherwise herein set forth, the following terms shall have the meanings in this section:
BUILDING OFFICIAL
The individual charged by the Town with the issuance of building permits.
GRAVEL BANK
A lot or parcel of land or portion thereof which is used for the primary or principal purpose of extracting stone, sand, gravel, loam or other earth materials.
The permit required by § 122-1 shall not be issued until application therefor is made to the Town Council. Such application shall be accompanied by:
A. 
Four maps and plans prepared by a professional engineer or registered land surveyor, drawn to a scale of one inch equals 40 feet and showing accurately the following:
(1) 
The entire premises owned and the limits of the area for which a permit is requested.
(2) 
Existing and proposed land contours at a vertical contour level of not more than one foot within the permit area and the area within 200 feet in all directions therefrom.
(3) 
Existing and proposed drainage, rivers, streams, watercourses and swamps on and within 200 feet of the premises.
(4) 
Proposed ingress and egress to the permit area, and all fences and gates.
(5) 
A permanent point or bench mark in a location safe from disturbance for the duration of the permit, with a designation of its elevation.
(6) 
The storage area in which the applicant will stockpile sufficient topsoil, as calculated by a professional engineer, soil conservation commission or land surveyor, to cover the area to an average depth of no less than four inches.
(7) 
Any other information as requested by the Town Council which shall be pertinent to the existing or proposed gravel bank.
B. 
The number and type of equipment to be used in the operation of the gravel bank and its location if it is to be permanently located within the gravel bank for the duration of the gravel bank operations.
C. 
A statement indicating whether the applicant has made application for and/or secured all necessary permits required under any other federal or state law or Town ordinance, including a list of such permits sought and/or secured.
D. 
A fee as established by the Town Council.[1]
[1]
Editor's Note: See Ch. 93, Fees.
In connection with the application for a permit, the Town Council may grant or deny any application filed pursuant to this chapter in whole or in part, and in so acting shall take into account public health, safety and welfare, including the possibility of dust, noise, unsightly waste, soil erosion, drainage problems and protection of property values, together with such other factors as it shall deem appropriate, and may impose conditions which, in its discretion and judgment in each particular case, are designed to prevent personal injury, to promote the health and welfare of the Town's residents and to safeguard the surrounding area and the Town against permanent and temporary injury to property values either during operation of the gravel bank, including the handling and transportation of earth materials, or after operations are completed. However, all permits shall require:
A. 
Buffer areas.
(1) 
The following buffer areas be left in their natural state during the life of the permit:
(a) 
Three hundred feet of any street line.
(b) 
Two hundred feet of any other boundary line.
(c) 
Six hundred feet of any occupied dwelling.
(2) 
Reduction in the width of buffer areas may be allowed by the Town Council upon application therefor and upon appropriate conditions, provided that written consent of the affected abutters and/or occupants and recommendation of the conservation commission are first obtained and filed with the application.
B. 
In earth material removal areas, ledge shall not be left exposed above the approved grade, and all cleared trees, stumps and brush shall be removed or completely buried. If buried, a plan showing the location of all such buried trees, stumps or other material subject to subsequent compacting by decay shall be filed with the Building Official. However, no trees, stumps or other material subject to decay shall be buried at an elevation below the maximum water table.
C. 
All final bankings shall be graded to a slope no steeper than one foot vertical to two feet horizontal.
D. 
Following earth material removal, topsoil shall be spread to a minimum depth of four inches. Seeding of the area shall be done per the requirements of the Town Council.
E. 
No excavation shall produce standing water.
F. 
Earth material shall not be removed to an elevation less than six feet above the maximum water table elevation.
G. 
In earth removal operations involving two or more acres, a bond shall be posted with the Town Clerk with penal sum and surety satisfactory to the said Town Council, conditioned upon the faithful performance by the applicant of the conditions of the permit. Such bond shall not be less than $2,000 per acre of working area; i.e., any area in condition other than its natural or reconditioned state.
H. 
Adequate measures shall be taken to prevent erosion or depositing of sediment upon surrounding lands and streets or into any waterway, pond or swamp.
I. 
All work shall take place between the hours of 7:30 a.m. to 4:30 p.m., Monday through Friday, and 8:00 a.m. to 12:00 noon on Saturday. No work shall take place on legal holidays.
J. 
A fence of not less than six feet in height, with gates as required, shall be erected around the permit area.
K. 
Access roads to the site and within the permitted area shall be treated to minimize dust conditions.
L. 
No machinery for the screening, washing, crushing or other like uses shall be permitted on the property, with the exception of existing gravel banks where such machinery is located at the time of adoption of this chapter.
M. 
Earth removal operations shall be limited to five acres at any given time. Each additional five acres, or a part thereof, shall require a new permit.
N. 
All land excavated must be rehabilitated within one year of completion of the excavation. Rehabilitation of the area shall be in conformance with the United States Department of Agriculture Guidelines for Developing and Restoring Gravel Pits.
The Town Council shall issue such permits for a period not to exceed one year. All permits shall specify the commencement date and shall expire on the succeeding first day of January.
There shall be a fee as established by the Town Council for any permit issued under this chapter. No reduction in this fee shall be provided any application for a permit of less than one year's duration.
Any permit holder may renew his permit by filing an application therefor in compliance with § 122-3. However, any application for renewal may incorporate by reference any document filed with the original application. All applications for renewal shall be filed with the Town Council prior to the first day of December in each year.
Any permit granted under the provisions of this chapter shall not run with the land. Any conveyance of the premises containing the gravel bank or a portion thereof shall require an application for a new permit by the succeeding owner if gravel bank operations are to be continued upon those premises or a portion thereof.
Any person who, after receiving a permit in accordance with this chapter, violates the conditions set forth in said permit or this chapter shall be subject to having such permit revoked. No revocation shall be made without first giving notification of the violation to the permit holder and a public hearing of a judicial nature held.
This chapter shall be enforced by the Building Official.
Any person, prior to the passage of this chapter, who shall have owned or operated any gravel bank and who continues to own or operate a gravel bank after the adoption of the ordinance from which this chapter derives shall, within 30 days after the date of passage hereof, file an application for permit in accordance with the provisions of this chapter.
Any person found guilty of violating this chapter shall be subject to the penalties set forth in Chapter 1, Article III, General Penalty, for each day such person shall be in violation hereof.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. IV).