It is enacted by the General Assembly as follows:

SECTION 1. Chapter 151 of the public laws of 1975 entitled, "An Act Authorizing the Town of Glocester to Enact Ordinances, Regulating, Controlling and Licensing Earth Removal", is hereby amended to read as follows:

SECTION 1. {ADD Declaration of purpose. -- ADD} {ADD For the purposes of promoting health, safety, or general welfare and in order to effect uniform regulation within the Town of Glocester for earth removal as hereinafter defined, and in order to protect and preserve the valuable natural resources, groundwaters, aquifers and environment of the Town of Glocester, and in order to further the objectives of the Glocester Comprehensive Community Plan, the Town of Glocester shall have the power in accordance with the provisions of this act to provide by ordinance for the regulation, control and licensing of earth removal as hereinafter defined, such power to be restricted and exercised in accordance with sections 2 through 13 of this act. ADD}

SECTION 2. {ADD Definitions. -- ADD} {ADD "Earth removal" shall mean the extraction, quarrying or removal of any soil, loam, sand, gravel, stone, clay, shale or other earth material from deposits on any tract of land on which it is found; excluding, however, earth removal as follows:

(a) Less than ten (10) cubic years of material in the aggregate in any year from any one lot;

(b) In grading land for construction of a roadway or for agricultural use as defined in any ordinance enacted pursuant hereto;

(c) For the construction of a building for which a building permit has been issued;

(d) For a subdivision in accordance with a plat plan or plans approved by or in accordance with an ordinance of the town or any duly authorized board of authority thereof; provided, however, that the removal of such material necessarily excavated in connection with lawful construction of a building, structure, street, driveway, sidewalk, path or other appurtenance does not exceed that actually displaced by the portion of such buildings, structures, streets, driveways, sidewalks, or paths or other appurtenances below finished grade.

"Town council" shall mean the duly elected town council of the Town of Glocester.

"Zoning board of review" shall mean the zoning board of review established by the Town of Glocester

"Zoning officer" shall mean that person appointed by the Glocester town council and charged with the duly to enforce the provisions of the Glocester zoning ordinance. ADD}

SECTION 3. {ADD Contents of ordinance. -- ADD} {ADD An ordinance enacted pursuant to the authority contained in this act may:

(a) Set hours for earth removal as limited by subsection 4(a)(1);

(b) Establish set-back requirements as limited by sub section 4(a)(2);

(c) Require fencing and a lockable entrance gate as limited by sub section 4(a)(3);

(d) Regulate noise, vibration, smoke, water pollution, odors, fly ash, dust, fumes, vapors, gases, and other forms of air pollution, toxic gases, heat, glare, and fire or other safety hazards as limited by sub section 4(a)(4);

(e) Regulate water conditions and protect the groundwater table and aquifers as limited by sub section 4(a)(5);

(f) Regulate travel routes, access, ingress, egress, road signage and parking; regulate cleaning, repairing and/or resurfacing of truck routes as limited by sub section 4(a)(6);

(g) Regulate the use of explosives as limited by sub section 4(a)(7); ADD}

{ADD (h) Prohibit and/or regulate hydrocarbon or hazardous material storage, fuel tanks, and vehicular maintenance/storage areas on property licensed for earth removal in accordance with sub section 4(a)(8).

SECTION 4. {ADD Earth removal on tract of land in the town of Glocester. -- ADD} {ADD (a) With respect to earth removal operations on any tract of land, said tract being in the Town of Glocester, such ordinance:

(1) May limit the hours of earth removal operations; provided, however, (i) that no such restrictions shall be imposed for the period between 7:00 a.m. and 6:00 p.m. of any Monday, Tuesday, Wednesday, Thursday, Friday or Saturday (except a legal holiday) except for reasonable conditions specially designed to safeguard the neighborhood and its residents or to accommodate the neighborhood's schools and bus routes, which conditions are imposed by the town council in issuing the earth removal license and (ii) that no earth removal be allowed on Sundays or legal holidays.

(2) May prohibit the initiation or lateral expansion of earth removal; (i) within two hundred (200) feet of a public road, (ii) within two hundred feet (200) of neighboring lot lines.

(3) May require (i) the fencing of those portions of the boundary of the tract of land upon which earth removal is being conducted adjacent to a residentially developed property, such fencing to be six (6) feet in height and effective to control access to the area in which such earth removal is being conducted; (ii) the installation of a lockable entrance gate to the tract of land upon which earth removal is being conducted, which gate is to be locked during hours of non-operation; and (iii) that when an excavation will have a depth of more than fifteen (15) feet with a slope in excess of one (1) to two (2), a fence at least six (6) feet high shall be erected to limit access to this area.

(4) May require (i) calcium chloride, water or oil be applied to reduce dust and mud on all non-hard surfaced roads to be used for vehicular ingress or egress to the tract of land on which earth removal is to be conducted; (ii) where appropriate, the installation, maintenance, and operation by the applicant of continuous recording instruments to measure the effectiveness of all equipment used for drilling, digging and hauling, to control or lessen noise, vibration, smoke, water pollution, odors, fly ash, dust, fumes, vapors, gases, and other safety hazards and also may require that such recording instruments be tested at reasonable intervals under the direction of the zoning officer to determine their accuracy and that the results of such tests be filed with the town.

(5) May require that: (i) drainage be provided to prevent the permanent collection and stagnation of surface or underground waters, and to prevent the flooding and erosion of surrounding property and the pollution of ponds and streams; that (ii) earth removal shall not encroach closer than four (4) feet to the groundwater table in accordance with Department of Environmental Management procedures and standards of measurement. Groundwater table elevation determinations shall be made on all land from which earth products will be removed. Groundwater table elevation determinations shall be made in the same manner as required by the Department of Environmental Management in their rules and regulations establishing minimum standards relating to location, design, construction and maintenance of individual sewage disposal systems with "earth removal activity" substituted for "sewage disposal system" and "zoning officer" substituted for the "Director"; and that (iii) permanent water bodies shall not be created as a result of earth removal activities, unless approved by the zoning officer as a part of a soil erosion and sediment control plan under Glocester's erosion and sediment control ordinance.

When the department of environmental management determines specific dates, on a yearly basis, relative to seasonal changes in highest groundwater table elevation, such dates may be used by the zoning officer. When groundwater determinations are made outside the "wet season" and percolation tests are required, such percolation tests shall follow the percolation test procedures as set forth in the department of environmental management regulations.

The zoning officer or his appointed representative shall witness all percolation and groundwater determinations and shall certify to the accuracy of technical data recorded. Any changes made in such department of environmental management regulations relative to groundwater level determination and percolation tests from time to time shall be considered part of this act.

(6) May require that: (i) off-street parking be provided and utilized by all vehicles engaged in or related to earth removal activity; (ii) any access to excavated areas or areas in the process of excavation be adequately posted with "keep-out danger" signs; (iii) access roads be constructed with a curve so as to help screen the operation from public view; and (iv) all trucking routes and methods be subject to the approval of the Glocester safety commission, and such routes be cleaned, properly posted with signs, repaired and/or resurfaced by the earth removal operator where such is required by the town.

(7) Shall require that the use of explosives be done in accordance with the regulations for storage or handling of explosives as set forth by the state of Rhode Island.

(8) May prohibit and/or regulate hydrocarbon or hazardous materials storage, fuel tanks, and vehicular maintenance/fueling areas on property licensed for earth removal. ADD}

SECTION 5. {ADD Requirements for license application and zoning board of review approval. -- ADD} {ADD As a condition precedent to the issuance of a license pursuant to section 6 hereof, any such ordinance shall require: (i) either prior zoning board of review approval for a special use permit or nonconforming status under the Glocester zoning ordinance for the tract upon which earth removal shall occur; and (ii) the applicant's submission to the town council and town council approval of:

(a) a site plan at an appropriate scale prepared by a registered engineer, land surveyor or landscape architect in compliance with the provisions of said ordinance and setting forth; (i) lot lines, ownership, abutters, adjacent public streets, water courses, existing contours at appropriate intervals, extent of earth removal and location at an appropriate scale; (ii) proper provisions for vehicular traffic, service roads, control of entrances and exits to highways and town roads; (iii) the relation of temporary and future buildings and operations machinery to the removal areas; delineation of removal areas and depths with an estimate of cubic yardage to be removed; fencing and gates; method of removal; and distance of excavation to street and lot lines or property lines.

(b) a restoration or reclamation plan prepared by a registered engineer, land surveyor or landscape architect in compliance with the provisions of said ordinance at the same scale required for the site plan in section 5(a) and as required by the Glocester Erosion and Sediment Control Ordinance, and setting forth the existing contours of the tract of land at the appropriate intervals and, based upon classifications of preliminary samples, the nature of the material to be removed, including: (i) the final contours of the tract of land at appropriate intervals upon completion of earth removal operations and (ii) the type of ground cover to be planted or applied upon completion of earth removal operations to effectively control wind and water erosion; provided however, if suitable fertile ground cover existed at the beginning of earth removal, enough of said ground cover to be held in reserve and reapplied for a minimum thickness of three (3) inches. The said land restoration plan and its implementation applies to the conversion of the site and its planned restoration. It is therefore, required that: (i) any land restoration plan correspond to a situation which could reasonably occur in the immediate future (zero to five years), and be revised as necessary as the existing physical character of the removal area changes; (ii) the land restoration plan or any part thereof which reasonably applies to an area shall be put into effect within one (1) year of cessation of normal earth removal operation and completed by timetable of restoration plan; and (iii) the land restoration plan include provisions for closure of operations by phases on portions of the site and for removal of equipment from the site. The decision of the zoning officer shall be final in determining when a restoration plan shall be put into effect, either on the entire site or any portion thereof.

(c) An erosion and sediment control plan to be submitted and approved by the zoning official, as required by the Glocester Erosion and Sediment Control Ordinance.

(d) A certification by a registered engineer, landscape architect or land surveyor that completion of earth removal operations complies with the restoration plan.

(e) A bond to insure compliance with the restoration plan and to insure repairs to town roads of damage caused by any hauling operations related to the earth removal activity. The amount of the bond shall be calculated as follows: (i) an amount not to exceed five hundred dollars ($500) per acre of said tract of land; (ii) any reasonable additional amounts required by the town council for anticipated road damage; and (iii) any amounts required pursuant to the Glocester Erosion and Sediment Control Ordinance.

If the plan set forth in subparagraph 5(b) is not complied with, the Town of Glocester is authorized and empowered to undertake and complete such plan and the owner of said tract of land shall reimburse the Town of Glocester for such costs and the Town of Glocester shall have a lien on said tract of land for such costs. ADD}

SECTION 6. {ADD License required. -- ADD} {ADD As a condition precedent to any earth removal as herein defined, such ordinance shall require a license to be issued by the town council following a public hearing to be held by the town council, with public notice thereof at least ten (10) days prior to the date of hearing in a newspaper of general circulation in Glocester and with notice by certified or registered mail to the applicant and to all property owners within two hundred feet (200') of a tract boundary, and upon the submission of the documents required by section 5 and approval thereof by the zoning official, and approval by the zoning board of review of a special use permit (if required) and the payment of a license fee not to exceed two hundred dollars ($200), plus the costs of notice.

The license shall be issued only to the property owner of record of the land upon which the earth removal shall take place and shall not be transferable (should the land for which a license is issued by sold or otherwise conveyed, the transferee must obtain a new license).

The license shall expire at the end of two (2) years and must be renewed biennially. Together with an application for renewal of an earth removal license and payment of the renewal fee not to exceed fifty dollars ($50.00), plus the costs of notice, plans shall be submitted to the zoning officer, showing any change or anticipated change from originally submitted plans of earth removal activities. If no changes are anticipated for the coming two (2) years, submission of new plans is not required.

The zoning officer, upon the Town of Glocester's receipt of an application for renewal of an earth removal license, shall make a field inspection of such earth removal activities to determine compliance with plans and approvals on file. Such findings shall be sent to the town council with a determination of compliance or noncompliance. The town council shall issue the license for another two (2) years upon determination of compliance and payment of the biennial fee. Upon determination of noncompliance, the license shall not be reissued until compliance with such ordinance.

In granting or reissuing a license hereunder, the town council may impose additional reasonable conditions specially designed to safeguard the neighborhood and the town, which may include conditions as to the overall operations set forth in this ordinance and as relating to the site plan and restoration plan requirements. The town council may also conditionally approve a license renewal, pending the applicant's compliance with the additional reasonable conditions that it imposes. ADD}

SECTION 7. {ADD Appeals. ADD} -- {ADD Appeal from the decisions of the town council shall be taken in accordance with title 45, chapter 5, sections 16 and 17 of the Rhode Island general laws. ADD}

SECTION 8. {ADD Revocation of License. ADD} -- {ADD Any such ordinance may also provide for the revocation of any license issued under the authority of any such earth removal ordinance by the town council for violations of any provisions of said ordinance or of any conditions or stipulations imposed upon said license, after notice and a public hearing. The town council shall fix a reasonable time for the hearing on revocation, give public notice thereof, as well as due notice to the party in interest, and decide the same within reasonable time. Upon hearing any party may appear in person or by agent or by attorney. ADD}

SECTION 9. {ADD Other Provisions. ADD} -- {ADD Any such ordinance may: (a) provide for a penalty for the violation of any of its provisions of a fine not exceeding one hundred dollars ($100) for each offense, each day deemed to constitute a separate offense, such fine to inure to the Town of Glocester; and

(b) provide that suit may be brought in the superior court in the name of the Town of Glocester to restrain any violation of or to compel compliance with the provisions of any such earth removal ordinance. ADD}

SECTION 10. {ADD Exemptions. ADD} -- {ADD Any such ordinance shall not apply to already licensed earth removal activity being conducted on the date of its enactment on any tract of land within the Town of Glocester until one hundred eighty (180) days after the enactment of any such ordinance. Any such ordinance may provide that all existing earth removal operations in the Town of Glocester shall be subject to the ordinance, but shall provide that all earth removal licenses issued prior to the enactment of such ordinance shall be valid until the town council acts on any new applications that are filed within one hundred eighty (180) days after enactment of the ordinance. If a timely application for a license is not filed by a property owner within one hundred eighty (180) days after the enactment of any such ordinance, any earth removal license issued for said property prior thereto by the Town of Glocester shall expire. ADD}

SECTION 11. {ADD Severability. ADD} -- {ADD If any provisions of this act or the application thereof is held invalid, the validity of the remainder of this act shall not be affected thereby. ADD}

SECTION 12. {ADD Town of Glocester to Comply with Ordinance. ADD} -- {ADD If the Town of Glocester shall engage in earth removal for municipal purposes, it shall substantially comply with the provisions of any earth removal ordinance adopted pursuant to this act. ADD}

SECTION 13. {ADD Conflict of Laws. ADD} -- {ADD This act shall not be deemed to limit by implication or otherwise any provisions of the Rhode Island Zoning Enabling Act of 1991 (title 45, chapter 24, sections 27 et seq.), the Soil Erosion and Sediment Control Act (title 45, chapter 46, sections 1 et seq.) or any ordinance enacted by the Town of Glocester pursuant to the authority of the above-referenced laws, or any other state law or regulation of general application. ADD}

SECTION 2. This act shall take effect upon passage.