General provisions.
The Town Board may approve an application for commercial excavation and/or mining operations in the RR Rural Residential District, provided that the following standards and provisions are maintained.
Permit application, review and renewal procedures.
A. Prior to commencing any excavation or appurtenant activities, an application for a special permit shall be filed with the Town Clerk and approved by the Town Board, pursuant to the provisions of this chapter.
B. The Town Board may submit the application to the Town Planning Board, the Town Conservation Board, the Town Engineer, the Monroe County Department of Planning and Development and the Monroe County Soil and Water Conservation District or such other body or person it may deem suitable for review and recommendations.
C. The Town Board shall fix a reasonable time for a public hearing on the proposed special permit and shall publish notice thereof in a newspaper of general circulation in the Town not less than 10 days nor more than 30 days prior to the date of the hearing.
D. Approval or denial of the application by the Town Board shall be rendered within 60 days after the public hearing except if both the Town Board and the applicant mutually consent to a time extension.
E. Permits for commercial excavation operations shall be issued for a period of up to five years. Permits issued subject to these regulations shall, however, be conditioned upon the applicant's receiving a certificate of compliance every six months following its issuance after site inspection and review by an agent of the Town.
F. The applicant shall have 30 days in which to remedy any deficiencies reported in such site inspection and review. If such deficiencies are not remedied within the thirty-day period, the Town Board may revoke the special permit and proceed against its security in accordance with the terms thereof.
G. The renewal of a special permit for excavation shall follow the same procedures as those required in this chapter for the original permit, unless specific parts of the procedure are waived by the Town Board.
Security.
After the approval of the application and before the issuance of any special permit, the applicant and each owner of record of the premises other than the applicant shall jointly execute and file with the Town Clerk security, in form satisfactory to the Town. The security shall be required to assure that the conditions stipulated in the approval of the special permitted use permit, including the restoration of the site and reclamation of mined land in accordance with the approved site plan, are carried out.
Permit application materials.
A. The application for a special permit shall be signed by the applicant and by each owner of the premises other than the applicant and shall include the following information:
(1) Name and address of applicant.
(2) Name and address of each owner of the premises.
(3) A certification of the County Finance Officer showing payment of all taxes to date for the premises.
B. When applicable, the applicant shall furnish evidence of a valid permit from the New York State Department of Environmental Conservation pursuant to Title 27, Article 23, of the Environmental Conservation Law.
C. All applications for a special permit under this section shall contain an operations plan in sufficient detail to describe the excavation operation, including active excavation and storage areas.
D. Each application shall include vertical aerial photographs at a negative scale no smaller than one inch equals 1,000 feet which are certified as drawn not earlier than one year prior to the date of application. The area covered by the aerial photographs shall include all land within a distance of at least 1,500 feet from the limits of the tract proposed for the permit.
E. Each application shall include location maps in the form of overlays to the aerial photographs depicting the boundaries of the area proposed for the permit and the area which has been excavated and identifying all existing private and public land uses within a distance of at least 1,500 feet of these areas.
F. Each copy of the application shall include a natural features map prepared by a licensed engineer or surveyor at a scale no smaller than one inch equals 200 feet. The map shall show the following, both within the tract proposed for the special permit and within 500 feet of the tract:
(1) Existing topography at contour intervals of five feet.
(2) Areas of trees and forest.
(3) Average thickness of overburden.
(4) Surface drainage pattern.
(5) Location of all underground utilities and facilities.
G. Each copy of the application shall include an operations map, presented as an overlay to the natural features map. The following features, including the area devoted to each, shall be shown:
(1) Existing and proposed excavation areas.
(2) Existing and proposed appurtenant activities, identified by type.
(3) Existing and proposed access roads, identified by width and type of surface material.
(4) Existing and proposed parking facilities, identified by type of surface material.
(5) Existing and proposed fencing and buffers, identified by height and type of material.
(6) Areas where topsoil will be temporarily stored for use in restoration.
H. Each copy of the application shall include a restoration plan, presented as an overlay to the natural features map and consisting of appropriate supplementary descriptive materials. The restoration plan shall include the following:
(1) Boundaries of the area proposed for restoration.
(2) Final topography of the area proposed for restoration at contour intervals of five feet.
(3) Final surface drainage patterns and the location and characteristics of artificial drainage facilities in the area proposed for restoration and in contiguous areas.
(4) Depth and composition of topsoil proposed to be used in restoration.
(5) The type and density of trees, shrubs and other vegetation proposed to be used in restoration.
General standards.
In approving or denying a special permit for excavation, the standards and considerations taken into account shall include, but not be limited to, the factors concerning the proposed excavations, appurtenant activities and restorations as follows:
A. Whether they are in accord with the intent of the Town Comprehensive Plan.
B. Whether they will render the land unproductive or unsuitable for agricultural or development purposes.
C. Whether they will impair the aesthetic or natural environment of the excavation area or surrounding area.
D. Whether they will affect the character of surrounding land use.
E. Whether they will create excessive traffic or impair the quality of the existing and proposed thoroughfares, community facilities and drainage.
