Earth removal; special use permit
(a) Special use permit required. Earth removal as a principal use, initiated subsequent to December 19, 1963, or the lateral extension of existing earth removal operations beyond the existing physical or geographic limits of the lot, parcel or tract or portions thereof being so used, shall not be conducted without a special use permit for such operation having first been issued to the operator as provided in this section.
(b) Contents and issuance of permits. Upon the concurring vote of four members of the zoning board of review, and the filing of a surety bond as provided in this section, the building official shall issue a permit to the applicant. All permits shall contain the condition of issuance provided in subsection 28-149(d) of this section.
(c) Contents of application. All applications shall be filed in triplicate and shall show existing site conditions and provide a detailed plan of operations by inclusion of the following maps, plans and specifications:
(1) Existing site conditions. A topographical map, showing elevations on a 50-foot grid on a map drawn to a scale of 50 feet per inch. A location map, drawn to a scale of 100 feet per inch, indicating all rights-of-way, highways, public roads and easements, whether improved or unimproved, as recorded within the lot, tract or parcel and within 500 feet beyond the property line of the lot, tract or parcel in which the earth removal is proposed, and indicating all buildings, structures and utility installations within 500 feet beyond such lot, tract or parcel line.
(2) Plan of operations. A topographical map, showing elevations on a 50-foot grid on a map shown to a scale of 50 feet per inch showing the following:
a. The proposed amount and extent of the earth removal;
b. Proposed truck access to the removal area;
c. Details of the regrading and revegetation of the site at the conclusion of operations;
d. The proposed grade and drainage of the site at the conclusion of operations;
e. The routes for the moving of vehicles and trucking of materials on the site;
f. Points of egress and ingress for trucks and other vehicles from and to the site; and
g. The routes for trucks and other vehicles between the site and a highway.
(3) List of property owners. A list of property owners, determined from public record, within 300 feet of the property in question if in R-80, R-40, GB, or M zones, or within 200 feet if in R-10, R-6 or LB zones shall also accompany the application.
(d) Conditions of approval. The zoning board of review shall approve the granting of a permit only if it shall be satisfied that the following conditions will be complied with; and should approval be given, these provisions shall become conditions of approval:
(1) The premises shall be excavated and graded in conformity with the plan as approved.
(2) No screening, sifting, washing, crushing or other forms of processing shall be conducted upon the premises unless located within a manufacturing zone, and if so located no fixed machinery or processing equipment shall be erected or maintained within 200 feet of a residence district.
(3) No earth removal shall take place within 100 feet of any property line or of a street line if below the established grade of the street or 200 feet from a dwelling, whichever may be greater.
(4) At all stages or operations, sufficient drainage shall be provided to prevent the collection and stagnation of water; to prevent any silt, erosional debris or other loose material from filling any existing drainage courses or encroaching on state or city roads or streets; and to prevent flooding or erosion of surrounding property.
(5) All operational access roads within the premises shall be provided with a dustless surface.
(6) Prior to rehabilitation of the premises, all excavations or pits of more than three feet in depth and having a slope steeper than three to one (horizontal to vertical) shall be guarded by a fence not less than three feet in height, which shall be of a type of construction such that there shall be no holes or gaps therein larger than four inches square.
(7) Taking into consideration the size of the premises, its proximity to other established uses and the nature of such other uses, and after receiving the recommendations of the building official relative thereto, the zoning board of review shall establish hours during which operations may be conducted, and shall establish a maximum allowable quantity for storage of disturbed earth upon the premises, and shall designate a type of covering or protection sufficient to prevent the nuisance of wind-blown dust.
(8) When earth removal operations are completed, the premises shall be graded and drainage established as provided in the approved plan so that no gradients in disturbed earth shall be steeper than a slope of ten to one (horizontal to vertical). A layer of arable top soil of a quality approved by the department of public works, shall be spread over the excavated area, except for those areas consisting of exposed rock surfaces, to a minimum depth of four inches in accordance with the approved plan. The area shall be seeded with a perennial rye grass and maintained until the area is stabilized and the building inspector has certified that the area covered by the permit has been rehabilitated as provided herein.
(e) Performance bond. Prior to the issuance of a permit the applicant shall file with the building official a bond with corporate surety insuring the applicant's performance of operations in compliance with the approved plan of rehabilitation and in accordance with this section. The amount of such bond shall be established by the building official and shall be an amount sufficient to insure completion of site rehabilitation.
(f) Duration of permits. The zoning board of review may approve the granting of permits for a duration of either one year or two years, and in no event for a duration of more than two years from date of issuance, except as provided in subsection 28-149(h) of this section. The expiration of a permit shall not affect the obligation of the former holder thereof to comply with all conditions of such permits' issuance.
(g) Revocation of permits. The building official may revoke any permit for a breach of any of the conditions of its issuance. The revocation of a permit shall not affect the obligation of the former holder thereof to comply with all conditions of such permits' issuance.
(h) Application for change of plan of operations, extension of duration or conditions of issuance. The person to whom any permit has been issued, may make application for a change in the approved plan of operations, for change of the conditions of issuance and for an extension of the duration of the permit. Applications for extension of duration, change of plan of operations or conditions of issuance shall be made in the same manner and subject to the same provisions as original applications; except, that the applicant need show in detail only such changes as are sought. In the case of applications for extension of duration the application may be granted if the holder of the permit shows that the operations for which the permit was issued have been carried on continuously and in good faith and will not be completed, and that all conditions applicable at the time the application for extension is made have been complied with.
Applications for a change of plan or conditions shall be considered in the same manner and subject to the same provisions as original applications and may be granted; provided, that in addition to the requirements for original approval the applicant for extension shall show that all conditions applicable at the time the application for a change is made have been complied with.
(i) Certification of rehabilitation and cancellation of surety bond. Upon application of the holder of a permit to the building official for a certificate of site rehabilitation, the building official shall refer the matter to the zoning board of review for decision. Prior to decision the zoning board of review shall receive the recommendation of the building inspector and shall hold a public hearing. After receipt of such recommendation and public hearing, the zoning board of review may grant approval for the issuance of such certificate. The issuance of a certificate of the rehabilitation shall constitute a release of the obligations imposed under the issued permit and the surety bond applicable thereto.