[Amended 4-12-2021 by Ord. No. 03-21-342]
The purpose of this article is to protect the environment and
the health, safety, and welfare of the public by controlling those
activities involving the removal or mining of earth, sand, and gravel
for commercial purposes. The requirements set forth in this article
are necessary to prevent and minimize adverse impacts and risks during
operations, and to ensure proper restoration of affected sites upon
completion.
A.
A special use permit is required from the Zoning Board of Review for the following uses and activities (in addition to those defined in Article II as "earth removal"), including both new and existing facilities:
(1)
Mining, quarrying, and the commercial extraction of rock, sand,
gravel, earth, clay, and similar materials;
(2)
Storage, stockpiling, distribution, and sale of rock, sand,
gravel, earth, clay and other similar materials;
(3)
The installation and operation of plants or apparatus for rock
crushing and appurtenant screening, blending, washing, loading, and
conveyor facilities; and
(4)
Offices and any other uses necessary or incidental to mining
operations on the site.
B.
The following uses and activities are exempt from this permit requirement:
(1)
Excavation in conjunction with utility installation, which is
to be backfilled;
(2)
Excavation in conjunction with road construction within approved
residential, commercial, or industrial subdivisions;
(3)
Excavation which by nature is of limited duration and area,
such as for the installation of septic tanks, swimming pools, the
construction of a house, etc.; and
(4)
Excavation that is part of an existing and established agricultural
operation or otherwise protected under the R.I.G.L. 2-23-1 et seq.,
also known as the "Right to Farm" Act.
C.
A special use permit issued by the Zoning Board of Review pursuant
to this article shall remain in effect for up to two years. Said special
use permit may be renewed in one-year increments for up to an additional
two-year period after review of the application and the compliance
history of the applicant. The Zoning Board of Review may ask the applicant
for additional information as needed. Any application for renewal
shall include site plans showing excavation and extraction activities
to date and new areas where such activities are proposed to take place,
and site restoration plans.
(1)
If an applicant wishes to renew a special use permit after the
initial period of time approved by the Zoning Board of Review has
expired, then all Town ordinances in effect at the time of the application
for renewal shall be applicable.
A.
Before a landowner or operator may extract earth, sand or gravel or other materials from his/her property for commercial purposes, a special use permit must be applied for and obtained from the Zoning Board of Review. Owners of a similar existing facility must apply for a permit pursuant to this article within six months of the effective date of this article, to the extent any use of the land or operations thereon are not legal nonconforming as provided in Article VIII.
(1)
The application for the special use permit must include 11 copies
of an application, a site plan, and an informational report, to provide
the Zoning Board of Review with a sufficient basis for reaching a
determination on the application. Additional copies of the application
packet shall be submitted to the Planning Commission, the Director
of the Planning and Development Department, and the Town Engineer.
B.
The site plan submitted as part of the application must show the
following information, and be supported by sufficient explanatory
narrative where necessary:
(1)
The extent of the area to be excavated on the site and how it
will be phased pursuant to § 255-1030I.
(2)
Contours shown at no greater than two-foot intervals.
(3)
Access and egress to roads outside the site, for both employee
and material transport.
(4)
Location, identification, and dimensions of all property lines,
200 feet in all directions therefrom, and public and private easements.
(5)
Location of all structures on the property.
(6)
Location and description of the floodplain, surface water bodies,
groundwater resources, wetlands, and other environmentally sensitive
resources.
(7)
Direction of groundwater flow, rate of groundwater flow and
maximum high groundwater elevation.
(8)
Significant natural features such as large trees, vegetative
groupings, and rock outcroppings.
(9)
Complete adjacent land use information including the names of
the record owners of all abutting properties, a description of all
land uses, identification of water resources on adjacent properties,
and information regarding private wells on adjacent properties, if
applicable.
(10)
Existing elevations of the property to be excavated and the
estimated excavation depth.
(11)
Existing and proposed excavation areas shown by operational
phases, sequence, thicknesses of overburden, and estimated seasonal
high and low water table elevations.
(12)
Typical cross sections showing information requested in Subsection B(11) above and maximum slopes and restoration cover thicknesses.
(13)
Processing, equipment, and storage areas.
(14)
Proposed fencing, gates, parking, and signs.
(15)
Areas to be used for the storage of topsoil and other overburdened
material including volume calculations and method of stabilization.
(16)
Locations of test borings and monitoring wells.
(17)
Location of roads to be used for transportation of extracted
materials.
(18)
Erosion controls.
(19)
Location of any proposed burial areas for stumps, boulders,
etc.
C.
The informational report to be submitted as part of the application
shall provide a description of the following aspects of the facility
operations:
(1)
The approximate date of operational commencement and the anticipated
duration of the operation.
(2)
Proposed daily operational times.
(3)
Estimated type and volume of the excavation.
(4)
The nature of the material to be extracted for commercial purposes.
(5)
Methods to be utilized for extracting and processing the material.
(6)
The equipment to be used on site and number of vehicle trips
per day during hauling.
(7)
Measures to be utilized for mitigating potential noise, dust,
soil erosion, air pollution, and water pollution emanating from the
site.
(8)
Methods to be utilized for dewatering or discharge in impounding
areas.
(9)
Method to be used for disposal of toxic substances or wastes,
if present or generated on the site.
(10)
A definitive restoration plan outlining measures to be used
to restore the site once material extraction operations have ceased.
While this description does not represent the comprehensive restoration
plan which is required to be submitted to the Zoning Board of Review
for review prior to operational shut-down in accordance with § 255-1050
below, it must be consistent with the standards set forth therein.
The submission of this plan shall become the basis for posting of
the performance bond pursuant to § 255-1050.
(11)
Statement indicating whether the applicant has submitted applications
for or secured any other required local, state, or federal permits.
D.
A filing fee for a special use permit application of $500 shall be
paid to the Town with the submission of the application.
E.
The Director of the Planning and Development Department shall determine
within 30 days whether to deem the application complete. If the application
is found to be incomplete, the applicant shall be required to submit
the necessary information.
F.
Within 30 days after receipt of a complete application, the Planning
Commission shall conduct a public hearing on the proposal. At the
public hearing, the Town Engineer and the Director of Planning and
Development shall be present to submit information and/or answer questions
by the Planning Commission. The Planning Commission shall submit an
advisory opinion to the Zoning Board of Review. The Zoning Board of
Review shall conduct a public hearing on the application. Prior to
the Zoning Board of Review public hearing, a notification shall be
sent to all property owners within 1,200 feet of the property boundaries
of the operations.
G.
Within 30 days of the close of the public hearing, the Zoning Board
of Review shall render its decision on the application. It may choose
to approve the project, approve it subject to conditions, or deny
it.
H.
In addition to the requirements set forth in this article for controlling those activities involving the removal or mining of each, sand, and gravel for commercial purposes, the Zoning Board of Review shall make a determination that the applicant is in compliance with the requirements of a special use permit as set forth in Article IV, § 255-430.
A.
The area of excavation shall be set back in accordance with § 255-1040A.
This buffer zone shall be vegetated, maintaining naturally existing
vegetation to the maximum extent possible, to screen the site from
visual, noise, and dust impacts on neighboring uses. Rock crushing
equipment and other apparatus shall be set back a minimum of 1,000
feet from the property line. Noise control berms may be appropriate
to reduce potential impacts on adjacent properties and landowners.
Where no natural vegetation exists, plantings or a fence shall be
installed.
B.
Erosion control measures shall be employed throughout the development
and operational phases of the extraction project. These may include
the use of quick growing vegetation, mulching, screening, stabilization,
siltation fences, or other means as deemed necessary by the Town Engineer.
The maximum unvegetated areas shall be five acres. For safety reasons
during excavation, the slope shall be no greater than two feet horizontal
to one foot vertical (2:1).
C.
Site restoration shall commence immediately upon the cessation of
extraction operations and shall be completed successfully within one
year, in accordance with the restoration plan required and described
in § 255-1050. As sections of the extraction operation are
completed, temporary site restoration shall proceed to minimize erosion
until the comprehensive restoration plan is implemented.
D.
Equipment storage shall be for on-site use only, and solely for the
duration of the permitted earth removal operations.
E.
There shall be at least a four-foot separation between the lowest
elevation of excavated material and the maximum high groundwater elevation.
F.
All work shall be limited to the hours of 7:00 a.m. to 6:00 p.m.
Monday through Friday, and 8:00 a.m. to 12:00 noon on Saturdays. No
work shall take place on Sundays and legal holidays. The Zoning Board
of Review may modify these hours on a case-by-case basis if there
is a public hearing preceding the approval for a modification.
G.
All roads accessing and within the site shall be treated only with
water to minimize dust conditions.
H.
In the permitted 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 materials subject to subsequent
compacting by decay shall be filed with the Building Inspector. However,
no trees, stumps, or other material subject to decay shall be buried
at an elevation within four feet of the maximum high groundwater elevation.
I.
Earth removal operations shall be limited to five acres at any given
time. Additional acreage may not be disturbed until site restoration
has commenced on previously excavated areas. Said phasing of the operations
shall be part of the Zoning Board of Review approval.
A.
A comprehensive restoration plan shall be submitted for Zoning Board
of Review no later than nine months prior to the anticipated date
of cessation of extraction activities. The purpose of this plan is
to show in detail how the site will be restored once all the materials
have been extracted. The Zoning Board of Review shall certify that
the plan requirements are met.
B.
The restoration plan shall include a complete landscape plan indicating
the existing natural features and proposed final topography, plant
list, phasing of the restoration, and final use for the site. The
plan to be submitted shall demonstrate compliance with the following
standards:
(1)
A minimum depth of four feet shall be maintained between the
lowest elevation from which material is extracted to the maximum high
groundwater elevation.
(2)
Existing topsoil shall be redistributed on-site to provide adequate
growing conditions for revegetation of the site. Where needed, additional
soil shall be brought in of an equal to or better quality than that
of the previously existing topsoil and shall be free from refuse or
toxic contaminants. Final soil depth and types shall be appropriate
for the expected reuse of the site, but at a minimum shall be six
inches, unless it is demonstrated that less than six inches existed
prior to excavation.
(3)
The final grading of the site shall be appropriate for the expected
reuse of the site.
(4)
All final site drainage shall be designed, sloped, revegetated,
or shall employ other measures so that erosion and siltation of water
courses and ponds are avoided.
(5)
The site shall be revegetated to control dust, erosion, and
to restore natural features to the site. The soil shall be stabilized
by planting, seeding, or sodding so as to create a complete ground
cover. The landowner or facility operator shall maintain the vegetation
for at least two full growing seasons after its initial planting.
(6)
No sharp declines, pits, depressions, or debris accumulation
shall remain after the restoration. All banks shall be restored so
that no slope is greater than three feet horizontal to one foot vertical
(3:1).
(7)
Stormwater drainage from the site shall not be altered so as
to adversely affect public roads or neighboring uses. Natural drainage
patterns shall be restored to the maximum extent possible. No increase
in drainage rate and volume leaving the site shall be permitted.
(8)
All stumps, boulders, and other debris resulting from the extraction
operations or its related activities shall be removed from the site
and disposed of by approved methods.
(9)
The site shall be graded so that no stagnant water or water
pockets will be allowed to develop.
(10)
Processing plants, buildings, structures, and equipment shall
be entirely removed from the pit within one year after completion
of the extraction operations.
A.
A performance bond, letter of credit or other form of surety shall
be posted in an amount to be determined by the Town Engineer to ensure
proper operation of the facility and that the restoration requirements
are adequately met. After evidence of nonconformance or nonperformance
of the applicant, the Director of the Planning and Development Department
or his or her designee shall recommend to the Zoning Board of Review
that the bond be defaulted, and measures taken to accomplish necessary
work in fulfillment of the intent of the regulations. Upon satisfactory
completion of the restoration plan and compliance with the regulations
in §§ 255-1030, 255-1040, and 255-1050 as certified
by the Director of the Planning and Development Department or his
or her designee, the Zoning Board of Review shall issue a written
certification that the above requirements have been met. The performance
bond, letter of credit or other surety shall be released to the landowner
upon receipt of the written certification from the Town Council.
B.
If all requirements of these regulations have been met by the applicant,
the Zoning Board of Review shall recommend release by the Town Council
of all surety bonds and other funds held in warranty of completion
of the project. The Town Council shall thereupon approve, reject,
or modify the Zoning Board's recommendation.
A.
All permits for new and existing earth removal operations may be
effective for a maximum of two years. Permits shall be renewed in
accordance with this article.
B.
All permits for new and existing earth removal operations shall be
subject to a review by the Zoning Board of Review within six months
from the start of activity under this article. The purpose of this
review is to ensure compliance with any terms and conditions of the
special use permit granted for approved operations and to allow for
adjustment of said conditions, based on experience with active operations.
A.
In any area where the Zoning Board of Review or the Coventry Town
Council reasonable finds that there is a need to minimize the nuisance
of noise, flying dust and rock, and the accumulation of ground or
surface water, the Planning Commission may require any or all of the
following measures:
(1)
Limitations on the height of stockpiles;
(2)
Provisions for watering/wetting of stockpiles, haul roads, or
working surfaces/areas, or covering or temporary mulching of stockpiles;
(3)
Construction of noise buffers by fencing, earth mounding, vegetative
screening, a particular orientation for working faces of the excavation
or other similar measures.
