Except as provided in this section, there shall be no removal
of earth, sand, gravel, clay or quarry stone in excess of 50 cubic
yards from any 10,000 square feet of area except as necessary surplus
material resulting from a construction operation for which a building
permit has been issued. Nothing in this section shall prevent the
removal of soil from one lot to another within an approved subdivision
for grading purposes.
The Planning and Zoning Administrator shall issue a permit in
any district for the removal of topsoil or loam in excess of 50 cubic
yards from any 10,000 square foot area and for a depth not to exceed
12 inches provided that four inches of topsoil remains and provided
further that the entire area disturbed is seeded with a suitable cover
crop or is put to cultivation within a reasonable time. The fee for
such permit shall be $3 for the first 10,000 square feet of area,
or fraction thereof, and $2 for each additional 10,000 square feet,
or fraction thereof.
Upon approval by the Zoning Commission, after a public hearing,
the Planning and Zoning Administrator shall issue a permit in any
district for the removal within two years, of gravel, clay, stone
or sand in excess of 50 cubic yards from each 10,000 square feet of
area in the plan. In granting or refusing such approval, the Zoning
Commission will consider (a) the effect upon surface and sanitary
drainage; b) traffic safety; c) noise and dust; and d) any other pertinent
factors. Approval will be subject to all of the following stipulations:
13.3.1
The applicant shall submit a plan of the entire area from which
removal shall be made, showing by a two-foot contour line and their
elevations the existing and the finished grade together with the estimate
by a registered civil engineer or land surveyor of the amount of material
to be removed. The applicant shall state the time required for such
removal.
13.3.2
The plan shall provide for proper drainage of the area during
and after completion and no bank shall exceed a slope of one foot
of vertical rise in 1 1/2 feet of horizontal distance except
in ledge rock. No removal shall take place within 20 feet of a property
line or any boundary of the plan except that where the grade from
a property line or said boundary rises toward the removal area, material
lying above the grade at the property line or said boundary may be
removed.
13.3.3
At the conclusion of the operation or of any substantial portion
thereof as determined by the Planning and Zoning Administrator, the
whole area where removal takes place shall be covered with not less
than four inches of topsoil and seeded with a suitable cover crop,
except where ledge rock is exposed. In industrial districts surface
dustproofing may be used in place of topsoil and seeding.
13.3.4
Except in an industrial district, no stone crusher, washer,
grader, sifter or other machinery not required for actual removal
of material shall be used.
13.3.5
Fees for permits under Section 13.3 shall be $10 for the first
1,000 cubic yards or fraction thereof to be removed, and $2.50 for
each additional 1,000 cubic yards or fraction thereof to be removed.
Fees for the entire estimated amount to be removed shall be paid before
the permit is issued. No permit shall be issued for a part of such
removal.
13.3.6
Before a permit is used under this Section 13.3 the applicant
shall file a surety bond with the Zoning Commission in an amount approved
by the Director of Public Works as sufficient to guarantee completion
of removal and conformity with the provisions of these Regulations
or any amendments thereto in force at the time of filing. A copy of
the map required under Section 13.3.1 shall be part of the bond. Such
bond shall not be released by the Zoning Commission until written
certification from the Director of Public Works has been received
that all of the requirements of these Regulations have been fully
satisfied.
