Sec. 3-3. Enforcement authority.
Sec. 3-6. Requirement for permit; fees.
Sec. 3-9. Permit stipulations.
Sec. 3-10. Escrow and liabilities.
Sec. 3-11. Permit violations, renewals, suspensions, revocations.
Sec. 3-12. Drilling and blasting.
This Ordinance shall be known as "Regulations Controlling Borrow Pits and Quarries" in the Town.
(Ord. of 12-11-73, § 1)
For the purposes of this Ordinance the following words shall have the meanings indicated unless their context clearly requires otherwise:
Abandoned area means any area in which escrow for quarry or borrow pit operations has been terminated.
Borrow pit means any pit or excavation, for the purpose of removing, for commercial use, any sand, gravel, clay or any other earth material.
Engineer means the engineer for the Town.
Quarry means any pit or excavation, for the purpose of removing, for commercial use, any slate, marble, granite or other stone material.
(Ord. of 12-11-73, § 2)
Sec. 3-3. Enforcement authority.
This Ordinance shall be enforced by the Town Manager.
(Ord. of 12-11-73, § 3)
This Ordinance shall be in addition to and not a substitute for any other regulations relating to excavation or removal of natural resources.
(Ord. of 12-11-73, § 4)
The Town Engineer, the Zoning Administrator, or any authorized representative of the Town shall have the right to enter the premises of any quarry or borrow pit area, for the purpose of inspection of operations.
(Ord. of 12-11-73, § 5)
Sec. 3-6. Requirement for permit; fees.
No person shall operate a quarry or borrow pit in the Town without having first obtained a permit from the Town Manager.
Each permit shall be a permanent permit as long as the escrow provided for in Section 3-10 is in effect.
The permit shall be for areas as designated.
The escrow shall be for active areas only.
The permit fee shall be established by a resolution of the Selectboard in an amount not to exceed the reasonable cost of administration and enforcement of this Ordinance.
The resolution may be thereafter changed by the Selectboard as necessary to meet conditions existing at the time.
No permit shall be transferred from one (1) premises, person, or operation to another. A permit, or renewal thereof, shall be required so long as an operation continues.
(Ord. of 12-11-73, § 6)
Cross reference— Fees, § 6½-4(8).
No permit shall be granted unless the area to be used as a quarry or borrow pit complies with the applicable zoning requirements.
(Ord. of 12-11-73, § 7)
This Section describes minimum rehabilitation requirements for an abandoned area where a borrow pit operation has occurred:
As each site or portion thereof under permit is abandoned the following must be performed:
(a) All disturbed land shall be regarded so that no slope exceeds one (1) vertical to one and one-half (1½) horizontal.
(b) All damming or ponding areas within the abandoned site shall be drained and/or filled.
(c) The area shall be reasonably graded, seeded and mulched according to Vermont State Highway Department specifications in areas designated by the Town Manager.
(Ord. of 12-11-73, § 8)
Sec. 3-9. Permit stipulations.
All future quarry and borrow pit operations shall comply with provisions of this Ordinance and all existing quarry and borrow pit operations shall have until June 1, 1974, from the effective date of the ordinance codified as this Ordinance to obtain compliance.
No permit to operate a quarry or borrow pit shall be issued or renewed until the applicant complies with the following regulations:
(a) Setback. Each tract shall have and maintain a peripheral area which shall be retained in its present topographic condition, undisturbed by excavation, twenty-five (25) feet measured from any property line.
(b) Site sketch. Prior to issuance of a permit the applicant shall file a site sketch which sketch shall be corrected annually, showing the following:
(1) Setback area.
(2) Portion of tract actually being excavated and proposed excavation area.
(3) Any buildings.
(4) Access roads.
(5) Water supply and sewage disposal, if applicable.
(6) Settlement pits for pollution control where applicable.
(7) Stock pile area, if applicable.
(8) Plan for abandonment. If an area within an active borrow pit is to be abandoned, a plan for that area must be provided to the Town Engineer who shall review the plan for compliance with this Ordinance.
(9) That portion of any borrow pit within a two hundred-foot radius of a residence structure shall be barred by a fence, type and height such as highway right-of-way fence. All quarries shall be completely enclosed with fencing such as highway right-of-way fencing.
(10) All borrow pits shall have an open face not to exceed ten (10) feet. When excavation of another lift is to be started, all previous faces must be sloped to one (1) on one and one-half (1½) minimum face.
(c) Pits without permits; procedures. All borrow pits existing that do not apply for a permit must follow the procedures for abandonment as per Section 3-8 by June 1, 1974. If these borrow pits do not comply by this date the Town may institute legal action or complete abandonment procedures as per Section 3-8 and bill owner for same.
(Ord. of 12-11-73, § 9)
Sec. 3-10. Escrow and liabilities.
The applicant shall file, with the original application and shall renew annually, a liability insurance policy by an insurance company authorized to do business in the state, with minimum coverage of one hundred thousand dollars ($100,000.00) for bodily injury or death of one (1) person in any one (1) accident and three hundred thousand dollars ($300,000.00) coverage for bodily injury or death of two (2) or more persons in any one (1) accident, plus a minimum of fifty thousand dollars ($50,000.00) coverage for property damage per accident. There shall also be established an escrow account payable to the Town to be maintained in lieu of a performance bond; the amount of said account shall be computed at a level sufficient to restore the borrow pit, guaranteeing rehabilitation of the abandoned area as provided in Section 3-8.
(Ord. of 12-11-73, § 10)
Sec. 3-11. Permit violations, renewals, suspensions, revocations.
Upon finding that the holder of a permit has violated any provision of this Ordinance the Town Manager shall issue an order or notice directing compliance, to cease the violation, or to correct conditions. The order or notice shall be in writing and shall note the specific violations or conditions which need to be corrected.
Any permit granted hereunder shall be suspended if the holder fails to comply with the order of the Town Manager within twenty (20) days of the date of said order.
(Ord. of 12-11-73, § 11)
Sec. 3-12. Drilling and blasting.
Operating hours for drilling and blasting of ledge shall be restricted to between 7:00 a.m. and 7:00 p.m. on week days. No operation shall be permitted on Sundays. Variances may be granted by the Town Manager in proven emergencies.
(Ord. of 12-11-73, § 12)
(a) Within quarry or borrow pit area. All roads for ingress and egress from the quarry or borrow pit area to public roads shall be treated as needed with preventative to control dust.
(b) Outside quarry or borrow pit area. When necessary, truck routes to and from the quarry or borrow pit in the quarry or borrow pit vicinity may be designated by the Engineer to prevent damage to public roads, to avoid unsafe traffic conditions and to protect residential areas. The quarry or borrow pit operator shall keep the public roads free of foreign material and spillage at the point of ingress and egress from the quarry or borrow pit area.
(Ord. of 12-11-73, § 13)
Any person aggrieved by any action or order made hereunder may appeal to the Selectboard within ten (10) days from such order or action. Upon notice, after hearing, the Selectboard shall have authority to affirm, modify, or reverse the order or action. Such appeal shall stay any suspension of a permit but shall not stay denial, revocation, or refusal to renew a permit unless the Selectboard, upon application, may grant or stay such order.
(Ord. of 12-11-73, § 14)
Any person who violates the terms of this Ordinance shall be liable for a fine not to exceed one hundred dollars ($100.00) for each day of said violation, together with the costs of prosecution.
(Ord. of 12-11-73, § 15)