Permit application.
§ 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.