[Amended 2-11-2015 by L.L. No. 2-2015]
All sand or gravel excavations or other excavation activities commenced henceforth shall be in conformity with the provisions of this article and shall be located only within areas where specifically permitted in accordance with the provisions of Chapter 95, Zoning; provided, however, that the provisions of this article shall not apply to:
A.
Excavations necessary for the construction of a building or of a structure, including the installation of a private sewage disposal system, for which a building permit has been issued.
B.
Excavations for the location of public utilities, pipes and mains, including sewerage and water distribution lines.
D.
Excavation or grading for the construction of driveways or sidewalks.
E.
The digging or drilling of wells or the replacement of private sewer disposal systems.
Before any excavation, activities are commenced for any purpose other than those excepted in § 47-1 of this Article, the owner, agent of the owner or lessee of the premises shall obtain a permit therefor from the Town Board. Five copies of the application for each permit shall be submitted, together with the required filing fee, as established by resolution of the Town Board, signed by the applicant and by the owner of the premises if other than the applicant.
A.
The application shall include, but not be limited to, the following:
(1)
The name and address of the applicant and of each owner of the premises.
(2)
A description of the premises sufficient to readily identify the same.
(3)
A statement of each mortgage or other lien upon the premises, together with the name and address of the holder of each mortgage.
(4)
A certification of the County Finance Officer showing payment of all taxes and assessments to date for the property as described in the application.
(5)
Five vertical aerial photographs at a negative scale no smaller than one inch equals 1,000 feet and certified as having been taken within one year of the date of application. The area covered by the vertical aerial photographs shall include:
(a)
All land for which the excavation permit is requested and all contiguous land which is or has been used by the owner or lessee for excavation or appurtenant activities.
(b)
All public roads bounding the proposed excavation site and all structures on adjoining property within 100 feet of the property line.
(c)
A location map in the form of an overlay of the vertical aerial photographs covering the land within a distance of at least 1,000 feet of the boundaries of the entire land for which a permit is proposed, showing the existing classification of public land use.
(6)
An identification plat (five copies) prepared by a licensed engineer or surveyor at a scale of one inch equals 100 feet. This plat shall be submitted to the Town Engineer and shall be subject to his approval as to the sufficiency of data shown thereon. The plat shall show:
(a)
The boundaries of the entire tract for which the permit is proposed, by bearing and distance; the existing topography at contour intervals of five feet; and the location of all water sources within 500 feet of the tract for which the permit is proposed.
(b)
The average thickness of overburden within the boundaries of the tract for which the permit is proposed.
(c)
The means of vehicular access, including type of surface, to the tract for which the permit is proposed.
(7)
An operations map showing the plan for the operation of the excavation and appurtenant activities, which shall be presented as an overlay to the identification plat. All of the following operations, including the acreage to be devoted to them, shall be shown:
(8)
A restoration and revegetation plan (five copies), presented as a map, at the same scale as the identification plat. The restoration and revegetation plan shall be referred to the Monroe County Soil and Water Conservation District for their recommendations. All of the following items shall be included in the restoration and revegetation plan:
B.
The applicant shall also provide in writing, at the time the application is filed, whatever approvals may be necessary from the Town of Riga under any other local laws, ordinances or regulations regulating operations in the area under consideration, as well as any required approvals from the New York State Department of Environmental Conservation to conduct an excavation operation and the approval of any other federal, state or county authority having jurisdiction over such operation.
All maps, aerial photographs and data filed with the application shall be submitted to the Town Planning Board, the Town Engineer, the Monroe County Department of Planning and the Monroe County Soil and Water Conservation District for review and recommendations. The Town Board shall approve or deny the application within 60 days after a complete application is filed by the applicant and following a public hearing. By mutual consent, the applicant and the Town Board may extend the sixty-day period. The running of this sixty-day period shall be suspended at any time during which the application is returned to the applicant for the furnishing of additional information.
In granting or denying any application for an excavation permit, the Town Board shall consider, among any other issue it may deem relevant, either from its own knowledge and investigation or from testimony, or from any other information submitted to it, the following matters as the same are relevant to the application under consideration:
A.
Whether the proposed excavation operation will be a nuisance in law or in fact; whether it will be noxious, offensive or injurious by reason of production or emission of dust, smoke, refuse, poisonous substances, odors, fumes, noise, radiation, vibration, unsightliness or similar conditions; and whether it will contaminate waters.
B.
The effect that the proposed excavation operation will have on the orderly development and character of the neighborhood of the proposed operation and upon the development and conduct of other lawful uses in the vicinity.
C.
Whether the proposed excavation operation will create hazards or dangers to persons or property in the vicinity.
E.
Whether the proposed excavation operation will adversely affect any natural drainage or floodplain areas which may exist in or about the proposed excavation area or whether such operation would affect the general water quality within such area.
F.
Whether the proposed excavation operation will divert, eliminate or in any way affect any natural stream, pond or waterway in or about the area.
G.
Whether the proposed excavation operation would be within the general welfare and public interest of the residents of the surrounding area and of the Town of Riga in general.
H.
What conditions, restrictions and safeguards may be necessary, if it is determined that the application should be granted, to protect property values in the vicinity of the proposed excavation area and for the protection of the health, safety, morals, peace and general welfare of the community and of the public.
The following conditions, together with any other conditions which may be imposed by the Town Board in granting an excavation permit, shall apply to any permit issued under this Article:
A.
The area of excavation which has not been restored shall at all times be limited to the minimum acreage necessary to economically conduct the excavation operation.
B.
No excavation shall be conducted closer than 100 feet to a public right-of-way or adjoining property line, except that grading may be conducted within such limits in order to provide adequate access to the premises. The setback area shall not be used for any use in conjunction with the excavation and appurtenant activities, except that the following shall be permitted in the setback area in accordance with all conditions of the permit and any applicable town ordinances or local laws: one public notice sign for identifying the use of the property; fencing; berms and buffers; access roads and parking; and stockpiling of topsoil.
C.
No equipment, structures or other operation facilities, including sedimentation ponds, shall be permitted closer than 200 feet to the right-of-way of the public highway or to an adjoining property line. The Town Board may vary this provision where the applicant demonstrates that the topography necessitates the need for a sedimentation pond in such area and that sufficient safeguards will be constructed or provided for the protection of neighboring residents. Screening from public view will be provided where appropriate.
D.
Each tract of land for which a permit for excavation is granted shall have direct access only to major highways, and proof of legal right to that access shall be obtained.
E.
All access roads shall be constructed to include curbs and such features as shall screen, as such as is feasible, excavation and appurtenant activities from public view. The junction of the access road and the public road must be at an angle of not more than 10° deviation from a right angle [90°].
F.
Fencing shall be provided on all sides of an excavation area. The fencing shall be at least six feet in height and of a type approved by the Town Board.
G.
All topsoil and subsoil shall be stripped from the active excavation area and stockpiled and seeded for use in accordance with the restoration plan. Such stockpiles shall be treated so as to minimize the effects of erosion by wind or water upon public roads, streams or adjacent property. This provision shall be applicable to all operations except that of topsoil removal.
H.
Existing hills, trees and ground cover fronting along public roads or adjacent property shall be preserved, maintained and supplemented by selective cutting, transplanting and addition of new trees, shrubs and other ground cover for the purpose of screening and noise reduction. If, however, the existing topography and natural vegetation do not lend themselves to an economically feasible supplement plan, the operation can, if properly landscaped with grass, trees and shrubs, have overburden graded back around the perimeter of the excavation site to create a berm for the purpose of screening and noise reduction. No berm shall be constructed within 25 feet of the property boundaries.
I.
Lateral support in excavation areas shall be sufficient to prevent the hazard of damage to persons, adjacent properties and public roads by reason of slides, sinking or collapse.
J.
The hours of operation under an excavation permit shall be only between 7:00 a.m. and 7:00 p.m. No operation shall be allowed on Sundays. Loaded trucks may leave prescribed premises only within such hours, except in the case of a public emergency or whenever necessary repairs to equipment are required to be made.
K.
All access routes leading to public highways shall be dust- and mud-free. All precautions, such as oiling or watering daily or more frequently if and when necessary, shall be taken to prevent dust and sand from being blown from the premises. Also, the first 200 feet of access from public roads shall be paved.
L.
Operations shall not be detrimental to adjacent property nor unduly interfere with the quiet enjoyment of adjacent property.
M.
An adequate and comprehensive drainage system shall be provided to convey stormwater runoff originating on and crossing the premises, in accordance with the natural direction of runoff for the total watershed area. No excavation shall be allowed closer than 50 feet to a natural stream. Sediment control measures must be installed to keep all sediment damage on the applicant's property. Before approval of the original or a renewal permit, the Town Engineer shall determine whether or not the drainage system and control measures are adequate and being used.
Any excavation permit granted by the Town Board pursuant to this Article shall be effective for a period of up to three years and shall be subject to annual site inspection and review by the Town Engineer and/or any other agents designated by the Town Board.
After the approval of the application by the Town Board and before issuance of any permit hereunder, the applicant and the owner of record of said premises shall:
A.
File with the Town Clerk an easement, in a form satisfactory to the Town Board and the Town Attorney, giving the Town of Riga the authority to have officers and/or employees of the town enter upon the premises to enforce the provisions of this Article and to require such work to be done as may be necessary to meet the conditions in the permit imposed by the Town Board.
B.
Execute and file with the Town Clerk of the Town of Riga, if required to do so by the Town Board, a bond to be approved as to form, manner of execution and sufficiency of surety by the Town Attorney, in a sum to be determined by the Town Board. In the alternative, a cash deposit may be required, the sum to be determined as aforesaid. Should the applicant desire a permit to conduct blasting operations, the Town Board may require an undertaking not to exceed $20,000.
(1)
Such bond or cash deposit shall be surety and condition for the faithful performance of the conditions in this Article and the observance of all other applicable ordinances and laws and the conditions of the permit. The principals and surety or, in the event of a cash deposit, the principals shall agree to indemnify and save harmless the Town of Riga and the Superintendent of Highways of said town from any and all damage to property of said town which may be caused by the contemplated excavation or any operation in connection therewith; and, in the event that the applicant applies for and receives a permit to conduct blasting operations in connection with the excavation, the undertaking on behalf of the principals and surety shall indemnify all property owners, both public and private, against any damage caused by reason of said blasting operation. In the event of default of compliance with the conditions of this Article and other applicable ordinances and laws and the conditions of the permit, such bond or cash deposit shall be forfeited to the Town of Riga.
(2)
Such bond or cash deposit shall continue in full force and effect until a certificate of compliance shall have been issued by the Town Clerk to the effect that all provisions of this Article and other applicable ordinances and laws and the conditions of the permit have been met.
If all operations undertaken pursuant to any permit issued hereunder have been conducted in full compliance with the terms of such permit and all provisions of this Article, the permit may be renewed by the Town Board, upon recommendation of the Planning Board and the Town Engineer, for a period no greater than that for which the permit was originally issued. At least 10 days before taking any such renewal action, the Town Board shall cause to be posted on the official signboard of the town a notice of the proposed renewal and a statement indicating clearly both the property affected and the nature of the operation. All ordinances, laws and regulations in effect at the time a renewal is granted will apply to the renewal permit in the same manner as when a new or original permit is issued.
Commercial excavations in operation at the time this Article becomes effective may be continued and will be issued a temporary excavation permit for a period of 180 days. The owner, lessee or operator of such existing operation shall thereafter apply for a permit within 180 days of the effective date of this Article.
Any permit issued under this Article may be revoked, after a hearing held upon 10 days' written notice to the holder thereof, upon a determination by the Town Board that any condition in this Article or of any other applicable ordinances or laws or any conditions imposed in the permit have not been complied with, and the bond executed by the holder of said permit and filed with the Town Clerk or the cash deposit shall be used to remedy the default or violation.
