Gates City Zoning Code
ARTICLE XVI
Excavations and Topsoil Removal
§ 190-57 Conformance required.
All excavations and appurtenant activities commenced henceforth shall be in conformity with the provisions of this chapter and shall be located only within areas specifically permitted according to the provisions of this article. Excavations in operation at the time when this article becomes effective may continue and will be issued a temporary excavation permit for 180 days. The owner, lessee or operator shall then apply for a permit within 180 days of the effective date of this article, as adopted.
§ 190-58 Application procedures.
Before any excavation or appurtenant activities are commenced, the owner, agent or lessee of the premises shall file with the Town Board an application for permit and a filing fee required by the Town in a resolution establishing such fees. In all cases, five copies of the application for each permit shall be signed by the owner of the premises if other than the applicant. It shall include but not be limited to the following information:
A.
Name and address of the applicant and of each owner of the premises.
B.
A statement of each mortgage or other lien upon the premises together with the name and address of the holder of each mortgage or other lien upon the premises.
C.
A certification of the County Finance Officer showing payment of all taxes and assessments to date for the property as described in the application.
D.
Vertical aerial photographs, five copies, at a negative scale no smaller than one inch equals 1,000 feet and certified as flown not earlier than one year prior to the date of application. The area covered by vertical aerial shall include:
(1)
All land being requested for excavation permit and all contiguous land which is being or has been used by the owner or lessee for excavation or appurtenant activities.
(2)
All public roads bounding the proposed excavation site and all structures adjoining property within 100 feet of the property line.
(3)
A location map in the form of an overlay of the vertical aerial photography, covering the land within at least 1,000 feet of the boundaries of the entire land proposed for permit, showing existing classification of public and private land use.
E.
An identification plat of which five copies shall be 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:
(1)
The boundaries of the entire tract proposed for permit, by bearing and distance, existing topography at five-foot contour intervals and the location of all water sources within 500 feet of the tract proposed for permit.
(2)
Average thickness of overburden within the boundaries of the tract proposed for permit.
(3)
Means of vehicular access and type of surface to the tract proposed for permit.
(4)
Areas of trees and woodlots.
F.
An operations map showing the plan for the operation of excavation and appurtenant activities, which map 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:
(1)
Area of active excavation and area requested for excavation; area of active appurtenant activities and area requested for appurtenant activities.
(2)
Area where topsoil and overburden will be temporarily stored for the future use of restoring excavated areas.
(3)
Existing and/or proposed fences or berms, by height and type.
G.
A plan for restoration and revegetation shall be presented as a map, five copies, at the same scale as the identification plat. The restoration 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 plan:
§ 190-59 Review of permit application.
A.
Prior to a public hearing held by the Town Board, all maps, aerial photographs and data filed with the application shall be submitted to the Planning Board, the Monroe County Department of Planning, the Monroe County Environmental Management Council, the Monroe County Soil and Water Conservation District and the Town Conservation Commission for review and recommendations. The Code Enforcement Officer shall be responsible for receiving and processing all applications for permits for excavation and appurtenant activities and coordinating the annual site inspection. Approval or denial of the application shall be rendered within 60 days after a complete application is filed by the applicant, unless both the Town Board and the applicant mutually consent on a time extension. The running of this sixty-day period will be suspended any time during which the application is returned to the applicant for the furnishing of additional information. The application shall be presumed approved if the Town Board has not made a decision at the end of the sixty-day period.
B.
Renewal. 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 chapter, the time limit of such permit may be renewed by the Code Enforcement Officer 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 Code Enforcement Officer shall cause to be posted on the land affected a notice of the proposed renewal and a statement indicating clearly both the property affected and the nature of the operation. All ordinances 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.
§ 190-60 Letter of credit.
After the approval of the application and before the issuance of any permit, the applicant and each owner of record of the premises other than the applicant shall jointly make, execute and file with the Town Clerk a letter of credit in an amount approved by the Town Engineer for each acre of land within the area to be used for excavation and appurtenant activities. The above party or parties guarantee that either upon termination of the permit or the operation, whichever may come first, the ground surface of the land so used shall be restored in conformity with both the approved specific requirements and the standards set forth in this chapter. In the event of default of compliance with the conditions of this chapter and any other applicable laws, such credit shall be forfeited to the Town. The Town shall return to the applicant any amount that is not needed to cover the costs of restoration, administration and any other expenses incurred by the Town as a result of the applicant's default. Such credit shall continue in full force and effect until a certificate of compliance shall have been issued by the Town Engineer after consulting with the Monroe County Soil and Water Conservation District and any other agency(s) necessary to ensure that all provisions of this chapter and of the permit have been met.
§ 190-61 Fee.
The owner or lessee of land under excavation shall pay a removal fee, per ton of removed material, as set forth in the Town's fee schedule adopted by resolution of the Town Board. The fee shall be paid one year from approval date of the permit and each year thereafter, but prior to annual site approval inspection.
§ 190-62 Dimensional and safeguard requirements.
A.
Permits for excavation within the geographical area outlined in the permit application shall be issued for a three-year period, subject to annual site inspection and approval by the Town Engineer and any other agency(s) that the Town designates.
B.
The active excavation area shall not exceed a total of five acres at any one time.
C.
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 excavations and appurtenant activities, except for one public notice sign for identifying use, buffer effect and those conditions stated in § 190-62H of this chapter pertaining to topsoil and subsoil preservation.
D.
All equipment, structures and other operation facilities, including sedimentation ponds, shall not be closer than 200 feet from the right-of-way of the public highway or from an adjoining property line, except when the applicant demonstrates that the topography necessitates the location of a sedimentation pond elsewhere and also demonstrates that sufficient safeguards will be constructed or provided for the protection of neighboring residents. Screening from public view will be provided as required in this chapter and as may be additionally required by the Town.
E.
Each tract of land to be granted a conditional use permit for excavation must use only direct access to major highways and have proof of legal rights to that access.
F.
All access roads shall be constructed to include a curve so as to screen the operation from public view; provided, however, that the junction of the access and the public road must be at an angle of not more than ten-degrees deviation from a right angle (90º).
G.
Fencing shall be required on all sides of an excavation area that is within 500 feet of a residential area, unless the depth of excavation (vertical face) is less than 10 feet. Fencing shall be erected no closer than 40 feet from a public right-of-way or an adjoining property line. The fencing shall be at least five feet in height and of a type listed in this chapter and shall be approved by the Town Board.
H.
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 to minimize the effects of erosion by wind or water upon public roads, streams or adjacent property. This provision applies to all operations except that of topsoil removal.
I.
Landscape. 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 does not lend itself to any economically feasible supplement plan, the operation can, if properly landscaped with grass, trees and shrubs, grade back overburden 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 property boundaries. The type and design of screening shall be approved by the Town Board after referring the proposal to the Monroe County Soil and Water Conservation District or the Town Conservation Board. Adequate maintenance approval of the landscape by the Town Engineer shall be required for all permit renewals.
J.
Lateral support. All operations shall be conducted in a safe manner with respect to the likelihood of hazard to persons, physical damage to adjacent land or improvement or damage to any street by reason of slides, sinking or collapse.
K.
Hours of operation. The hours of operation shall be only between 7:00 a.m. and 7:00 p.m., local time. No operations will be allowed on Sundays. Loaded trucks shall not leave prescribed premises before 7:00 a.m., except in the case of a public emergency or whenever any necessary repairs to equipment are required to be made.
L.
Dust and dirt control. 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 dirt from being blown from the premises. Also, the first 200 feet of access from public roads shall be paved.
M.
Noise. Operations shall not be detrimental to adjacent property nor unduly interfere with the quiet enjoyment of adjacent property.
N.
Drainage system. An adequate and comprehensive drainage system shall be provided to convey the 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 from a natural stream. Sediment control measures musts be installed to keep all sediment damage on the applicant's property. The Town Engineer shall determine whether or not the system and control measures are adequate before approval of an original or renewal permit.
O.
Flood and erosion control. The applicant shall include a plan for control of soil erosion and excessive groundwater seepage to public roads, streams or adjacent property. The Town Engineer shall determine whether or not the controls are adequate before approval of an original or renewal permit.
§ 190-63 Restoration and revegetation requirements.
A.
Slope. No slope shall be left with a grade steeper than one foot on three feet; provided, however, that for quarry operations, the Town Engineer shall certify the face of the quarry wall as safe and acceptable and may require any means necessary to reinforce unsafe faces.
B.
All debris, stumps, boulders, etc., shall be removed from the site and disposed of or, in case of inorganic material, buried and covered with a minimum of two feet of soil.
C.
Timing. Restoration shall be a continuous operation subject to field review and approval at each annual inspection and at the end of the permit period, by the Town Engineer and anyone else designated by the Town Board. Grading of topsoil or cover material and planting of the area designated for restoration during the permit period shall have been completed before a permit renewal can be granted. Plans for reuse of a quarry which do not call for restoration shall be reviewed and approved by the Planning Board and the Town Engineer.
D.
Topsoil and fertilizing. Subsoil and topsoil shall be respread over the excavation area to a minimum depth of one foot (six inches of topsoil and six inches of subsoil). This soil shall be treated with lime and fertilizer and seeded with a grass or legume mixture prescribed by the Town Engineer after conferring with the Monroe County Soil and Water Conservation District. Trees or shrubs shall be planted in order to provide screening, natural beauty and to reduce erosion. The planted area shall be protected from erosion during the establishment period using approved conservation practices.
E.
During and upon completion of the excavation operation (within six months after completion of the excavation operation) the land shall be left so that natural drainage leaves the property at the original drainage points. Also, the volume of drainage to any one point shall not be increased.
F.
Within six months after termination of the excavation operation, all equipment, building, structures, etc., shall be removed from the premises and all restoration will have been completed.