An application for site plan approval for mineral extraction shall be approved if the following standards are met:
(1) Excavations below the high-water table shall not be permitted unless a suitable plan for such is approved.
(2) Diversions, silting basins, terraces and other methods to trap sediment shall be used.
(3) Lagooning shall be conducted in such a manner as to avoid creation of fish trap conditions.
(4) The extent and type of fill shall be appropriate to the use intended. The applicant shall specify the type and amount of fill to be used.
(5) Fill shall not restrict a floodway, channel or natural drainageway.
(6) The sides of cuts, fill, channels, or artificial watercourses shall be constructed and stabilized to prevent slumping and erosion.
(7) No below-grade excavation, except for drainageways, shall be allowed within one-hundred (100) feet of any public road.
(8) No below-grade excavation, except for drainageways, shall be allowed within fifty (50) feet of any lot line, except that excavations within five (5) feet of a property line may be permitted on condition that a written report from a licensed soil scientist is provided to the Planning Board stating the suitability of the soils to hold a slope of two (2) to one (1).
(9) The sides of cuts, fill or channels along public roads or lot lines shall not exceed a slope of two (2) feet horizontal for every one (1) foot vertical.
(10) Adjacent lot lines of one (1) or more owners shall be exempt from Subsection (8) and (9), above, if they agree in writing.
(11) Permanent ground cover shall be required within one-hundred (100) feet of all property lines, including all boundary slopes. Said ground cover shall comply with soil and conservation standards and recommendations.
(12) Upon expiration of any permit or termination of operations, the applicant agrees to implement a suitable plan for reclamation of said site as approved at the time of approval.
Optional conditions of approval.
The Planning Board may impose other reasonable conditions to safeguard the neighborhood and the municipality which may include those relating to:
(1) Methods of removal or processing;
(2) Hours of operation;
(3) Type and location of temporary structures;
(4) Routes for transporting material;
(5) Area and depth of excavations;
(6) Provision of temporary or permanent drainage;
(7) Disposition of brush and slash; and
(8) Cleaning, repair and/or resurfacing of streets used in removal activity which have been adversely affected by said activity.
Surety and terms of approval.
No approval shall be granted without a bond or other security to insure compliance with such conditions as the Planning Board may impose. No approval shall be issued for a period to exceed five (5) years, although such approval may be renewed for additional periods in the same manner.
Existing operations.
Any commercial operation involving the excavation, processing or storage of soil, earth, loam, sand, gravel, rock or other mineral deposits in lawful operation at the time this chapter becomes effective may operate for a period of two (2) years from the effective date, July 1, 1977. Discontinuance of any existing operation for a period of more than one (1) year shall require application for a new approval. Continuation of any existing operation beyond July 1, 1979, shall require site plan approval from the Planning Board.
