[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.]
These regulations shall be interpreted to foster:
As used in this chapter, the following terms shall have the
meanings indicated:
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.
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.
An excavated area designed to hold surface water.
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.
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.
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]
Any pit or underground workings from which any mineral is
produced.
Aggregate, clay, gravel, sand, shale, stone or any other
solid material of commercial value found in or on the earth.
Any owner, lessee or other person who operates, controls
or supervises the operation.
That person having title to the tract of land.
Any individual, public or private corporation, political
subdivision, government agency, partnership, association, trust, estate
or any other legal entity.
The reparation to an environmentally acceptable natural state
of an area which has undergone physical change due to excavation and
related activities.
Surface earth, including the organic layer in which most
plants have their roots.
The municipal board of the Town of Alden.
The Clerk of the Town of Alden.
[Amended 12-3-2007 by L.L. No. 5-2007]
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]
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.
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.
D.
Construction of privately owned water and sewerage systems.
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]
B.
Compliance with the above-mentioned Environmental Conservation Law
shall not exempt the applicant from the provisions of this chapter.
A.
Application.
(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.
(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.
[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.
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]
(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]
(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]
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.
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]
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]
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.
(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]
(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.
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.
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]
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.
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.
