[1]
Editor's Note: For State Law as to the authority of the Town
Council, passed January, 1973 Session of the General Assembly, An
Act Authorizing the Town of Little Compton to Enact Ordinances Regulating,
Controlling, and Licensing Earth Removal.
[Ord. 11/8/73, § 1]
The Town Council may issue licenses as hereinafter defined,
such permission to be restricted and exercised in accordance with
the following sections.
[Ord. 11/8/73, § 2]
a.
EARTH REMOVAL – Shall mean the extraction or removal of any
sand, gravel, loam, topsoil, stone, clay or shale, from deposits on
any tract of land, excluding, however, extracting, removing, digging,
mining or quarrying limestone, limerock, or granite and excluding
operations of a sand and gravel plant currently in operation, and
immediately surrounding 20 acres of industrial zoned land upon which
the sand and gravel plant is located, and excluding also earth removal
involved in the process of grading land:
b.
ZONING BOARD OF REVIEW – Shall mean the Zoning Board of Review
established by the Town of Little Compton.
c.
RESIDENTIAL USE – Shall mean any zone in which no use save
dwellings, including multi-family dwellings, is permitted without
first obtaining a variance, exception or special exception from the
Zoning Board of Review.
[Ord. 11/8/73, § 3]
All such earth removal operations shall be carried on only between
the hours of 7:00 a.m. and 6:00 p.m. on any Monday, Tuesday, Wednesday,
Thursday, Friday or Saturday (except a legal holiday). Operations
shall not be carried on at any other hours nor on Sunday nor on a
legal holiday except upon issuance of a special exception from the
Town Council.
[Ord. 11/8/73, § 4]
Residential areas. The initiation or lateral expansion of earth
removal is prohibited within a distance of:
[Ord. 11/8/73, § 5]
Fencing is required around those portions of the boundary of
the tract of land upon which earth removal is being conducted and
adjacent to developed residential property. Such fencing shall be
five feet in height and shall be effective to control access to the
area in which such earth removal is being conducted.
[Ord. 11/8/73, § 6]
Calcium chloride or oil shall be applied to non-paved roads
to be used for vehicular ingress or egress to the tract of land and
to the regularly traveled roads within the tract of land on which
earth removal is to be conducted.
[Ord. 11/8/73, § 7]
Drainage shall be provided on tracts of land on which earth
removal is to be conducted to prevent the permanent collection and
stagnation of surface or underground waters, and to prevent the flooding
and erosion of surrounding property.
[Ord. 11/8/73, § 8]
Except as otherwise provided herein, as a condition precedent
to the issuance of a license for earth removal, there shall be submitted
to the Town Council for its approval:
a.
A plan prepared by a registered engineer in compliance with the provisions
of this section and setting forth the existing contours of the tract
of land, and based upon classifications of preliminary samples of
the material to be removed;
1.
The final contours of the tract of land upon completion of earth
removal operations; and
2.
The type of ground cover to be planted or applied upon completion
of earth removal operations to effectively control wind and water
erosion; provided, however, if there is suitable fertile ground cover
existing at the beginning of earth removal, enough of said ground
cover shall be held in reserve and reapplied for a minimum thickness
of three inches.
b.
An opinion by a registered engineer that upon completion of earth
removal operations all slopes on the tract as set forth in the plan
referred to in paragraph a of this section, shall remain at the natural
angle of repose; and
c.
A bond not to exceed $100 for each acre of the tract of land to insure
compliance with the requirements of this section.
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If the plan set forth in subsection 12-1.8a is not complied with, the Town may undertake and complete such plan and the owner of the tract of land shall reimburse the Town for its necessary expenses in connection therewith and the Town shall have a lien on the tract of land for such expenses.
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[Ord. 11/8/73, § 9]
A condition precedent to any earth removal as herein defined shall be the obtainment of a license to be issued by the Town Council upon the submission of the documents required by subsection 12-1.8 and its approval thereof, and the payment of a license fee of $25.
[Ord. 11/8/73, § 10]
Upon special application and after a showing that the literal
enforcement of this section will work a hardship, the Zoning Board
of Review may grant an exception to the terms of this section upon
a finding that such exception will not result in a substantial depreciation
of surrounding property.
[Ord. 11/8/73, § 11]
Appeals from the decisions of the Town Council to the Zoning
Board of Review shall be taken in the same manner as other appeals
to the Zoning Board and the procedure as to notice and hearings shall
be the same insofar as the same are consistent herewith.
[Ord. 11/8/73, § 12]
Violators of any of the provisions of this section shall pay
a fine not exceeding $100 for each offense, such fine to inure to
the Town of Little Compton. Violations shall be determined and fines
imposed by the Town Council. Each day the violation exists shall be
considered a separated offense.
Suit may be instituted in the Superior Court in the name of
the Town of Little Compton to restrain any violation of, or compel
compliance with, this section.
The Zoning Board of Review shall have the authority following
adequate notice to the licenseholder and a hearing, to revoke any
license obtained under provisions of this section on earth removal
for violations of any provisions of this section.
[Ord. 11/8/73, § 13]
This section shall apply to earth removal being conducted on the date of its enactment on any tract of land within the Town of Little Compton 60 days after enactment. (Ordinance adopted November 8, 1973) Upon submission to the Town Council of the plan and all other material as required under subsection 12-1.8, (except that no such plan need set forth existing contours for that portion of any tract of land on which earth removal has been completed on the effective date of this ordinance), the Town Council shall forthwith issue a license for the continuance of earth removal on any such tract of land.
[Ord. 11/8/73, § 14]
Real property acquired or leased prior to the effective date of the enabling act for the purpose of earth removal and held for such purpose on the date of enactment of this ordinance shall be considered in use for earth removal whether or not extracting has been actually commenced, and a license for earth removal on such property shall be issued pursuant to subsection 12-1.9 hereof upon compliance with the provisions of subsections 12-1.8 and 12-1.9. In order for real property to qualify hereunder, the following conditions shall be considered as conclusive evidence that such real property was acquired or leased and held for the purpose of later mineral extraction:
a.
Such real property was acquired or leased prior to effective date
of the enabling act; and
b.
Such real property was acquired or leased by an individual, corporate
or otherwise, engaged at the time of acquisition in the business of
mineral extraction; and
c.
Such real property, or the substantial portion of such property has
not been permanently developed, for any residential, commercial (other
than farm or agricultural) or industrial purpose; and
d.
Such real property contains mineral deposits of a demonstrable economic
value; and
e.
Provided, further, that if the owner or lessee of any such tract
of land shall file in the office of the Town Clerk, as the same may
be, on or before December 31, 1973, a statement setting forth his
intention to engage in earth removal on said tract of land and describing
said tract of land, then such tract of land shall be deemed to qualify
under this section, and as to any tract of land for which such intention
is not so filed then the provisions of this section shall have no
force and effect.
[Ord. 11/8/73, § 15]
If the Town of Little Compton shall engage in earth removal
for municipal purposes, it shall comply with the provisions of this
section.
