Earth removal operations authorized under previously granted special use permits.

§ 255-1070. Earth removal operations authorized under previously granted special use permits.

[Amended 3-25-2025 by Ord. No. 2025-15]

• A. Effective January 1, 2024, Code § 255-600, Table 6-1 was amended to make earth removal operations a prohibited use in all zoning districts. New earth removal operations are authorized through use variances. Earth removal operations permitted prior to January 1, 2024 shall be subject to applicable zoning regulations.

• B. Permits for existing earth removal operations may be effective for a maximum of two (2) years after issuance. Permits may be renewed in one (1) year increments for up to an additional two (2) year period after review of the application and the compliance history of the applicant. If an applicant seeks renewal of a special use permit after the initial period of time approved by the Zoning Board of Review has expired, then all Town ordinances in effect at the time of the application for renewal shall be applicable.

• C. Any application for renewal shall include site plans showing excavation and extraction activities to date and new areas where such activities are proposed to take place, and site restoration plans. The Zoning Board of Review may ask the applicant for additional information as needed.

• D. All permits for new and existing earth removal operations shall be subject to a review by the Zoning Board of Review (or, in the case of Unified Development Review, the Planning Commission) within six (6) months from the start of activity under this article. The purpose of this review is to ensure compliance with any terms and conditions of the special use permit or use variance granted for approved operations and to allow for adjustment of said conditions, based on experience with active operations.