Town of Alden, NY
Erie County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Alden 10-5-1987 by L.L. No. 2-1987 (Ch. 11 of the 1981 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Drainage control — See Ch. 150.
Flood damage prevention — See Ch. 198.
These regulations shall be interpreted to foster:
A. 
The orderly operation of all filling, excavations and soil disturbances, including development of domestic mineral resources, according to sound environmental practices.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
The restoration of affected lands.
C. 
The retention of the taxable value of property.
D. 
The retention of natural beauty and aesthetic values in the affected areas.
E. 
The preservation of the quality of life for Alden residents.
[1]
Editor's Note: Original § 11-1 of the 1981 Code, Intent, repealer and title, which immediately preceded this section, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
As used in this chapter, the following terms shall have the meanings indicated:
APPLICANT
That person making application for a permit and who is responsible for fulfilling the requirements for the restoration plan and all rules and regulations promulgated hereunder.
APPURTENANT ACTIVITIES
All on-site operations involved in the treatment, processing or further fabrication of soil, sand, gravel or natural deposits, including washing, sedimentation ponds, grading, sorting, grinding, concrete batching plants, asphalt mixing plants and aggregate dryers.
BASIN
An excavated area designed to hold surface water.
BUFFER
Trees, hills, fences, berms 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 these land uses of noise, glare, dust, visual ugliness and other factors associated with the excavation site and related activities.
EXCAVATION
A cavity, hole, mine, pit or quarry in land formed by digging for the purpose of extracting stone, gravel, sand, shale or other natural minerals or the topsoil therefrom.
FILL
The act of depositing upon any premises or property topsoil, earth, sand, clay, gravel, humus, rock or other mineral deposit or man-made materials, including but not limited to bricks, block, broken concrete and asphalt, whether such materials have been brought to the said premises or property or are from areas within such premises or property.[1]
MINE
Any pit or underground workings from which any mineral is produced.
MINERAL
Aggregate, clay, gravel, sand, shale, stone or any other solid material of commercial value found in or on the earth.
OPERATOR
Any owner, lessee or other person who operates, controls or supervises the operation.
OWNER
That person having title to the tract of land.
PERSON
Any individual, public or private corporation, political subdivision, government agency, partnership, association, trust, estate or any other legal entity.
RESTORATION
The reparation to an environmentally acceptable natural state of an area which has undergone physical change due to excavation and related activities.
TOPSOIL
Surface earth, including the organic layer in which most plants have their roots.
TOWN BOARD
The municipal board of the Town of Alden.
TOWN CLERK
The Clerk of the Town of Alden.
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[Amended 12-3-2007 by L.L. No. 5-2007]
A. 
No person shall fill, excavate, remove topsoil or alter topography for any purpose, other than the exceptions described below under § 195-4, without an excavation permit issued by the Town Board.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
No such permit shall be issued except upon submission of evidence satisfactory to the issuing authority and upon its finding and determination based upon such evidence that the proposed operation will not cause erosion or otherwise disturb or adversely affect natural drainage, creeks or other bodies, sources or supplies of water, both surface and ground, adjacent or nearby flora, fauna or other vegetation. In determining the sufficiency of evidence, proof of compliance with standards promulgated by the United States Department of Agriculture Natural Resources Conservation Service and by the New York State Department of Environmental Conservation may be deemed sufficient evidence for such permit.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
C. 
All fill, excavation, topsoil removal and topography alteration operations requiring permits shall be conducted according to standards set forth below, including restoration of the affected area.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
D. 
The applicant shall comply with all bonding and fee schedules.[4]
[4]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
E. 
The requirements of the Town of Alden "Law to Prohibit Illicit Discharges, Activities and Connections to Separate Storm Sewer System"[5] and the Town of Alden "Stormwater Management and Erosion and Sediment Control Law"[6] of the Alden Town Code must be followed. Whenever the requirements of this chapter are at variance with the requirements of any other lawfully adopted rules, regulations or ordinances, the most restrictive, or that imposing the higher standards, shall govern.
[5]
Editor's Note: See Ch. 293, Storm Sewers, Art. I, Illicit Discharges, Activities and Connections.
[6]
Editor's Note: See Ch. 300, Stormwater Management and Erosion and Sediment Control.
The following operations and uses are hereby excepted from the application of this chapter:
A. 
Excavation incident to construction of a driveway, walk, a permitted wall or building or part thereof or accessory thereto.
B. 
Removal of topsoil, gravel or fill from one part of a premises to another part of the same premises incident to the construction of a building or other improvement of land or incident to farming or landscaping.
C. 
Removal of excess stone, gravel, sand or topsoil from the area of an approved site plan or subdivision, provided that such removal is in accordance with plans approved by the Town Board.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
D. 
Construction of privately owned water and sewerage systems.
E. 
An approved sanitary landfill operation.[2]
[2]
Editor's Note: See Ch. 228, Landfill Management.
F. 
Typical excavations for public safety purposes.
A. 
An applicant for a mining operation shall furnish evidence of a valid permit from the New York State Department of Environmental Conservation pursuant to Title 27 of Article 23 of the Environmental Conservation Law when applicable.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Compliance with the above-mentioned Environmental Conservation Law shall not exempt the applicant from the provisions of this chapter.
A. 
Application.
(1) 
Upon securing a certificate of zoning compliance, the applicant shall file with the Code Enforcement Officer an application for a mining excavation permit.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(2) 
The following additional information shall be supplied in conjunction with the site plan review procedures under zoning:
(a) 
A duly acknowledged consent in writing by the owner or lessee of the premises and mortgagee, if any, including all addresses.
(b) 
A statement as to the period of time required to complete the total operation, including restoration.
(c) 
The following information on the site plan:
[1] 
Average thickness of overburden, that which is above the material to be excavated.
[2] 
Surface drainage pattern.
[3] 
Location of all underground utilities and facilities.
(d) 
An operations map at an appropriate scale showing the following features, including the area devoted to each:
[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 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] 
Area where topsoil will be temporarily stored for use in restoration.
[7] 
Existing and proposed structures to be used in said operations.
(e) 
A restoration plan consisting of all appropriate descriptive materials and including the following:
[1] 
Boundaries of the area proposed for restoration.
[2] 
Final topography of the area proposed for restoration at a maximum contour interval of one foot.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[3] 
Final surface drainage pattern and 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 and shrubs, grasses and other vegetation proposed to be used in restoration.
(f) 
A copy of all plans and permits required by the New York State Department of Environmental Conservation.
(g) 
Materials required in accordance with Town of Alden Code Chapter 300, Stormwater Management and Erosion and Sediment Control.[3]
[3]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Public hearing. No permit shall be issued prior to a public hearing held by the Town Board. Notwithstanding the immediate foregoing requirement, a renewal of a permit may be issued without a public hearing when the area covered by the renewal or transfer does not extend beyond the area of operations originally authorized; however, the Town Board may, in its discretion, direct a public hearing if it determines said hearing is necessary. Not more than 40 days nor less than 20 days before the public hearing, notice of the time and place of said hearing shall be published in the official Town newspaper and posted on the official Town signboard.
C. 
Issuance of permits.
(1) 
Excavation permits for the purpose of mining may be issued by the Town Board pursuant to all the provisions of this chapter and subject to any additional conditions and/or restrictions imposed by the Town Board.[4]
[4]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(2) 
Approval or denial of the application by the Town Board shall be rendered within 60 days after the conclusion of the public hearing on said application, unless both the Town Board and the applicant mutually consent to a time extension. The applicant will be notified of the decision, in writing, mailed to the address shown on the application.
(3) 
Excavation permits for the purpose of mining shall be issued for a period of one year and shall be subject to site inspection and review by the Building Department and any other agent designated by the Town Board.[5]
[5]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(4) 
The Code Enforcement Officer shall perform the function of executing any excavation permits for the purpose of mining on behalf of the Town Board but shall do so only upon resolution or order of the Town Board setting forth any conditions and/or restrictions with respect thereto. Permits are not transferable.[6]
[6]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
D. 
Permit renewal. Renewal of an excavation permit upon its termination shall follow the same procedures as those required in this chapter for the original permit, except that, if an application for renewal was properly filed prior to the expiration of an existing permit, the term of the existing permit shall be deemed to be extended to the time that the Town Board files its decision in regard to the application for renewal.
In approving or denying an excavation permit for the purpose of mining, the standards and considerations taken into account shall include but not be limited to the following:
A. 
Whether the excavations and proposed restoration plan are in accord with the intent of the Town Comprehensive Plan.
B. 
Whether they will result in the creation of pits or holes which may be hazardous or dangerous.
C. 
Whether they will cause soil erosion or the depletion of vegetation.
D. 
Whether they will render the land unproductive or unsuitable for agricultural or developmental purposes.
E. 
Whether they will impair the aesthetic or natural environment of the excavation area or surrounding area.
F. 
Whether they will affect the character of surrounding land use.
G. 
Whether they will create excessive traffic or impair the quality of the existing and proposed thoroughfare facilities, community facilities and drainage.
H. 
Whether they will affect the control of nuisances.
I. 
Whether the areas excavated can be effectively restored and revegetated.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
Upon filing an application for a permit, the applicant shall pay a fee as established by resolution of the Town Board.[1] Such fee shall be deemed a reasonable sum to cover costs of administration, no part of which shall be returnable to the applicant.
[1]
Editor's Note: The current fee resolution is on file in the office of the Town Clerk.
A. 
After the approval of the application and before the issuance of any permit, the Town Board shall require that a performance bond be jointly and severally executed and filed with the Town Clerk by the applicant and all owners of record of the premises. Said bond shall be secured by an irrevocable letter of credit or surety bond to the Town in the amount as determined by the Town Board. The above party or parties guarantee with said bond 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 standards set forth by this chapter. In the event of default of compliance, such letter of credit or surety bond shall be forfeited to the Town. The Town shall return to the applicant any amount that is not needed to cover the expense of restoration, administration and any other expenses reasonably incurred by the Town as a result of the applicant's default.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Said bond or surety or irrevocable letter of credit shall continue in full force and effect until an approval of compliance shall have been issued by the Town Board based upon a favorable recommendation of the Town Engineer. Prior to the issuance of said approval, the Town Board may require a statement showing the manner of compliance with the plan of restoration.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
C. 
In the event of a transfer of property, the Town Board shall require the filing of a certificate from the surety company issuing the bond then in effect, continuing the same as to the new permit holder or certifying that a new bond has been issued.
A. 
Quarrying and mining operations.
(1) 
Setback.
(a) 
Excavations, structures and appurtenant activities shall stay a minimum distance of 150 feet from any public right-of-way or adjoining property line.
(b) 
This setback area may be used to contain one sign identifying the operation, fencing and buffers.
(2) 
Access roads and parking.
(a) 
Access roads shall be sufficiently free of dust and mud to prevent such material from being spread or blown from the premises.
(b) 
Sufficient off-street parking shall be provided inside the setback area for company, employee and visiting vehicles.
(3) 
Conservation measures.
(a) 
All topsoil stripped from the active excavation area shall be stockpiled for use in accordance with the restoration plan, but no closer than 10 feet to any property line. Such stockpiles shall be seeded, covered or otherwise treated to minimize the effects of erosion by wind or water.
(b) 
Excavations shall be buffered by appropriate landscaping sufficient to shield the operation from public view. These buffer areas shall be seeded and maintained by the operator.
(c) 
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 property owners. 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.
(4) 
Other safeguards.
(a) 
All operations shall be conducted between the hours of 7:00 a.m. and 6:00 p.m., with no Sunday or holiday operations.
(b) 
All equipment used for excavations and processing shall be constructed, maintained and operated in such a manner as to eliminate, as far as is practical, noises and vibrations and dust conditions which are injurious or a nuisance to persons living in the vicinity. See Chapter 365, Zoning, Article XIII, Industrial Performance Standards.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(c) 
Trucks shall be loaded to prevent spillage or windblown matter during transport on public roads.
(d) 
All applicable provisions of the Mined Land Reclamation Rules and Regulations under Title 27 of Article 23 of the Environmental Conservation Law shall apply.
B. 
Topsoil removal; turf farming.
(1) 
Setback. Topsoil removal, including turf farming operations, shall stay a minimum distance of 10 feet from any public right-of-way or adjoining property line.
(2) 
Access roads. Access roads shall be sufficiently free of dust and mud to prevent such material from being spread or blown from the premises.
(3) 
Conservation measures.
(a) 
Conservation measures as provided under Subsection A(3)(a) and (c) above shall apply.
(b) 
A minimum of five inches of topsoil shall remain on the surface of the land.
(c) 
No permit to strip or remove topsoil shall be granted for any land which is subject to flooding or which will adversely affect the drainage of adjacent lands.
(4) 
Other safeguards.
(a) 
Dustdown or its equal shall be spread to prevent dust.
(b) 
Topsoil shall be removed in a manner which will not leave hollows or depressions for the accumulation of water.
C. 
Pond, lake and basin excavations.
(1) 
Pond, lake and basin excavations shall not be closer than 75 feet to any public right-of-way or adjoining property line. This setback requirement does not apply to drainage retention/detention ponds approved as a part of a subdivision or development plat and its site plan approval.
[Amended 11-7-2016 by L.L. No. 3-2016]
(2) 
Access roads. Access roads shall be sufficiently free of dust and mud to prevent such material from being spread or blown from the premises.
(3) 
Conservation measures. Excavated material from construction of a pond, lake or basin which is not removed from the premises shall be handled in a manner which will minimize erosion as provided under Subsection A(3)(a) above.[2]
[2]
Editor's Note: Original § 11-11C(4) of the 1981 Code, Other safeguards, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
No slope shall be left with a grade steeper than one foot of vertical rise to three feet of horizontal distance, and the normal angle of repose for the specific soils present at the site shall not be exceeded in any case.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
All stumps, boulders and other debris resulting from the excavations, appurtenant activities or related operations 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 spread over the excavated area to a minimum depth of five inches.
D. 
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.
E. 
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 excavations and appurtenant activities. Any alterations of natural and storm drainage shall not adversely affect public roads or neighboring property owners.
F. 
Restoration shall be a continuous operation, subject to review and approval at each inspection and at the termination of the permit period. Topsoil grading and planting of the area designated for restoration during the permit period shall have been completed before a permit renewal is granted. Under no circumstances shall an exposed excavation exceed six acres.
G. 
Within six months 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 restoration shall have been completed.
Any person aggrieved by any decision of the Code Enforcement Officer relative to the provisions of this chapter, or the Town of Alden, may appeal such decision to the Zoning Board of Appeals, as provided in the Zoning Law[1] of the Town of Alden.
[1]
Editor's Note: See Ch. 365, Zoning.
Any person who violates any provision of this chapter or any regulation adopted hereunder is guilty of an offense punishable by a fine not exceeding $350 for the first violation; a minimum of $350 and a maximum of $700 for a second violation within five years; and a minimum of $700 and a maximum of $1,000 for a third or subsequent violation within five years; or imprisonment for a period not to exceed six months, or both. Each day's continued violation shall constitute a separate violation.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
The Building Inspector/Code Enforcement Officer shall be empowered to enforce this chapter and the regulations set forth herein.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).