Coventry City Zoning Code
ARTICLE X
Earth Removal/Sand and Gravel Extraction
§ 255-1000 Purpose.
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.
§ 255-1010 Applicability.
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.
§ 255-1020 Permit application.
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.
§ 255-1030 Operational requirements.
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.
§ 255-1040 Buffers and setbacks.
§ 255-1050 Site restoration.
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.
§ 255-1060 Security/performance bond.
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.
§ 255-1070 Duration of permits.
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.
§ 255-1080 Nuisance avoidance.
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.