Earth Removal

§ 418 Earth Removal

[Amended 2-21-2024 by Ord. No. 2024-04]

A. Standards. Earth removal shall be conducted in conformance with the following:

1. No earth removal shall be conducted within 50 feet from any lot line except one formed by a street, 150 feet from any dwelling, or 200 feet from any coastal feature.

2. Drainage systems shall be installed to prevent the permanent collection of surface water and the flooding and erosion of surrounding property. A drainage plan must be reviewed and approved by the Town Engineer.

3. Upon cessation of earth removal operations on any portion of an earth removal site, all slopes and grades shall be regraded to near-natural forms and no grade shall be left at an angle greater than the natural angle of repose of the material. The regrading area shall then be seeded with native plants listed in the URI Native Plant Guide to establish a firm cover of grass or other vegetation sufficient to prevent erosion.

4. A reclamation plan shall be submitted to be approved by the Town Engineer with detailed information on site uses, construction and operation details, post-operation, and long-term maintenance protocols.

5. A survey plan must be submitted showing the parcel of land upon which earth removal is to take place, showing all landscape features, topographical contours at two-foot intervals, and areas of previous, existing, and/or proposed future earth removal.

6. Hours of earth removal operation shall be no greater than 7:00 a.m. to 6:00 p.m. on Mondays through Saturdays. Earth removal operations may not be conducted on Sundays or any legal holiday or any other time without prior written authorization from the Town's Zoning Official.

7. Fencing shall be provided where portions of the boundary of the tract of land upon which earth removal is being conducted are adjacent to developed residential property. Such fencing shall be six feet in height and effective to control access to the area in which such earth removal is being conducted.

8. Water shall be applied to all non-hard-surfaced roads within land in which earth removal is being conducted to minimize dust distribution.

9. A historic and archaeological inventory of the site shall be conducted prior to construction to ensure that the site is not of historic or cultural importance and that no artifacts are located on the site.

10. The levels of noise generated by any earth removal services, measured at any property line, may not exceed the noise levels allowed under the New Shoreham Noise Ordinance. Applicants must provide a plan showing how noise will be mitigated to remain in compliance.