The removal of gravel, clay, stone, or sand (and other earth material not covered by Section 6.3.3, above) in excess of 50 cubic yards or 10,000 square feet of area is permitted in all districts provided that the Zoning Commission has granted special permit approval. Such approval shall require:
1) | A public hearing; and |
2) | That the removal shall be conducted within two years of the approval. |
In granting or refusing such approval, the Zoning Commission shall consider the effect of such removal upon surface and sanitary drainage, traffic safety, noise and dust, and any other pertinent factors. Approval will be subject to all of the following stipulations: |
1) | The applicant shall submit a plan of the entire area from which removal shall be made, showing by a two-foot contour line and their elevations the existing and the finished grade together with the estimate by a registered civil engineer or land surveyor of the amount of material to be removed. The applicant shall state the time required for such removal. |
2) | The plan shall provide for proper drainage of the area during and after completion and no bank shall exceed a slope of one foot of vertical rise in 1 1/2 feet of horizontal distance except in ledge rock. No removal shall take place within 20 feet of a property line or any boundary of the plan except that where the grade from a property line or said boundary rises toward the removal area, material lying above the grade at the property line or said boundary may be removed. |
3 | At the conclusion of the operation or of any substantial portion thereof, as determined by the Planning and Zoning Administrator, the whole area where removal takes place shall be covered with not less than four inches of topsoil and seeded with a suitable cover crop, except where ledge rock is exposed. In industrial districts surface dustproofing may be used in place of topsoil and seeding. |
4) | Except in an industrial district, no stone crusher, washer, grader, sifter, or other machinery not required for actual removal of material shall be used. |
5) | Fees for this permit shall be $10 for the first 1,000 cubic yards or fraction thereof to be removed, and $2.50 for each additional 1,000 cubic yards or fraction thereof to be removed. Fees for the entire estimated amount to be removed shall be paid before the permit is issued. No permit shall be issued for a part of such removal. |
6) | Prior to beginning the removal of such material, the applicant shall file a surety bond with the Zoning Commission in an amount approved by the Director of Public Works or their designee as sufficient to guarantee completion of removal and conformity with the provisions of these Regulations or any amendments thereto in force at the time of filing. A copy of the map required under Subsection 1) (above) shall be part of the bond. Such bond shall not be released by the Zoning Commission until written certification from the Director of Public Works has been received that all of the requirements of these Regulations have been fully satisfied. |
