Town of New Hartford, NY Chapter 62 Excavations

[HISTORY: Adopted by the Town Board of the Town of New Hartford 4-12-1967 by L.L. No. 1-1967. Amendments noted where applicable.]

§ 62-1 Statement of intent.

The Town Board of the Town of New Hartford recognizes that the development of sand, gravel, rock and mineral resources within its area is necessary and beneficial to the economy of the town and the welfare of its citizens. To provide utilization of these resources in a manner compatible with the health, safety and welfare of the Town of New Hartford, to avoid the creation of nuisances and to ensure the restoration of commercial excavation areas, the following requirements shall be observed.

§ 62-2 Permit required.

Except when incidental to the construction of a building on the same lot, the excavation, processing or sale of topsoil, earth, sand, gravel, clay or other natural mineral deposits or the quarrying of any kind of rock formation shall be prohibited hereafter unless a permit shall first have been obtained upon application to the Town Board of the Town of New Hartford.

§ 62-3 Findings and requirements.

Before issuing a permit for any of the uses set forth in § 62-2 hereof, the Town Board shall find that such excavation or quarrying will not endanger the stability of adjacent land or structures nor constitute a detriment to public welfare, convenience or safety by reason of excessive dust, noise, traffic or other condition. The Town Board may specify any reasonable requirements to safeguard the public health, safety and welfare in granting such permit and shall require that:

A. The slope of material in such topsoil, sand, gravel, clay or other earth shall not exceed the normal angle of repose of such material.

B. The top and the base of such slope shall not be nearer than 50 feet to any property line nor nearer than 100 feet to the right-of-way line of any street or highway.

C. A plan for restoration and rehabilitation of the commercial earth excavation area or borrow pit shall accompany the application for a permit and shall assure conformance with the public health, safety and welfare. The Town Board, upon approval of such plan, shall require a performance bond to assure rehabilitation of commercial excavation sites in conformance therewith.

D. A plan for safeguarding the public health, safety and welfare in commercial rock or mineral excavation areas shall accompany the application for a permit and shall be approved by the Town Board.

§ 62-4 Penalties for offenses.

[Amended 8-20-1980 by L.L. No. 2-1980]

Any person committing an offense against any provision of this chapter shall, upon conviction thereof, be guilty of a violation pursuant to the Penal Law of the State of New York, punishable by a fine not exceeding $250 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.