Introduced By: Representative Rabideau
Date Introduced : May 4, 1999
It is enacted by the General Assembly as follows:
SECTION 1. Chapter 209 of the 1980 Public Laws entitled "An Act Relating to the Regulation of Earth Removal in the Town of Burrillville" is hereby repealed in its entirety.
{DEL Sec. 1. DECLARATION OF PURPOSE. -- DEL} {DELFor the purposes
of promoting health, safety, or general welfare and in order to
effect uniform regulation within the town of Burrillville for
earth removal as hereinafter defined, the town of Burrillville
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 14 of this
act. DEL}
{DEL Sec. 2. DEFINITIONS. --DEL} {DEL "Earth removal" shall
mean the extraction, quarrying or removal of any soil, loam, sand,
gravel, stone, clay, shale, or other earth materials from deposits
on any tract of land on which it is found. Excluding, however,
earth removal: DEL}
{DEL a. less than ten cubic yards of material in the aggregate
in any year from any one lot; DEL}
{DEL b. In grading land for construction of a roadway; DEL}
{DEL c. For a subdivision in accordance with a plat plan
or plans approved or in accordance with an ordinance of the town
or any duly authorized board of authority thereof or for the construction
of a building for which a building permit has been issued; 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. DEL}
{DEL "Town council" shall mean the duly elected
town council of the town of Burrillville. DEL}
{DEL "Zoning board of review" shall mean the zoning
board of review established by the town of Burrillville. DEL}
{DEL "Zoning inspector" shall mean that person appointed
by the Burrillville town council and charged with the duty to
enforce the provisions of the Burrillville zoning ordinance and
to record all amendments to said ordinance. DEL}
{DEL Sec. 3. CONTENTS OF ORDINANCE. -- DEL} {DELAn ordinance enacted
pursuant to the authority contained in this act may: DEL}
{DEL a. Set hours for earth removal as limited by subsection
4(a)1; DEL}
{DEL b. Establish set-back requirements as limited by subsection
4(a)2; DEL}
{DEL c. Require fencing as limited by subsection 4(a)3; DEL}
{DEL 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 subsection 4(a)4; DEL}
{DEL e. Regulator water conditions and protect the ground
water table as limited by subsection 4(a)5; DEL}
{DEL f. Regulate travel routes, access, egress and parking;
regulate cleaning, repairing and/or resurfacing or trucking routes,
requirements as limited by subsection 4(a)6; DEL}
{DEL g. Regulate the use of explosives as limited by subsection
4(a)7; DEL}
{DEL h. Require a license for the initiation or lateral expansion
of earth removal in accordance with section 6. DEL}
{DEL Sec. 4. EARTH REMOVAL ON TRACT OF LAND IN THE TOWN OF
BURRILLVILLE. -- DEL} {DEL (a) With respect to earth removal operations
on any tract of land, said tract being the town of Burrillville
such ordinance: DEL}
{DEL (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, or Friday or Saturday (except a
legal holiday) and (ii) that earth removal on Sunday and on any
legal holiday or for the hours prior to 7:00 a.m. or after 6:00
p.m. may be authorized by the zoning inspector for emergency purposes
only. DEL}
{DEL (2) May prohibit the initiation or lateral expansion
of earth removal; (i) within 200 fee of a public road; (ii) within
200 feet of neighboring lot lines. DEL}
{DEL (3) May require the fencing of those portions of the
boundary of the tract of land upon which earth removal is being
conducted adjacent to zoned residential property, such fencing
to be six (6) feet in height and effective control access to the
area in which such earth removal is being conducted; and may also
require that when an excavation will have a depth of more than
15 feet with a slope in excess of 1-2, a fence at least 3 feet
high to be erected to limit access to this area. DEL}
{DEL (4) May require (i) calcium chloride 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 forms of air pollution, toxic gases,
heat, glare and fire or other safety hazards and also may require
that such recording instruments be tested at reasonable intervals
under the direction of the zoning inspector to determine their
accuracy and that the results of such test be filed with the town. DEL}
{DEL (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, and (ii) earth
removal shall not encroach closer than 4 feet to the ground water
table. Ground water table elevation determinations shall be made
on all land from which earth products will be removed. Procedures
for ground water 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. (R23-1SD15.00-01 and 02)
where 'Subsurface seepage system' is used in the D.E.M. Regulations.
"Excavation of earth material" shall be substituted.
Where 'Director' or 'Agent of the Director" is used in the
D.E.M. Regulations, 'Zoning Inspector' shall be substituted; (iii)
permanent water bodies shall not be created as a result of earth
removal activities. DEL}
{DEL When the director of environmental management determines
specific dates, on a yearly basis, relative to seasonal changes
in highest ground water table elevation, such dates may be used
by the zoning inspector. When groundwater determinations are
made outside the 'wet season' and percolation tests are required,
such percolation tests shall follow the percolation test procedure
as set forth in the D.E.M. Regulations (R-23SD 14.00-pl a.b.c.d.e.f.
and SD 14.02). Where proposed subsurface seepage system is used
in D.E.M. Regulations, 'Excavation of Earth Material' shall be
substituted. DEL}
{DEL The zoning inspector or his appointed representative
shall witness all percolation and ground water determinations
and shall certify to the accuracy of technical data recorded.
Any changes made in such D.E.M. Regulations relative to ground
water level determination and percolation tests from time to time
shall be considered part of this act. DEL}
{DEL (6) May require that (i) off-street parking be provided
and utilized by all related vehicles, (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, (iv) all trucking routes and methods be subject to
the approval of the chief of police, and such routes be cleaned,
repaired and/or resurfaced by the earth removal operator where
such is required by the town. DEL}
{DEL (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. DEL}
{DEL Sec. 5. APPROVAL OF ZONING BOARD OF REVIEW REQUIRED.
-- DEL} {DELAs a condition precedent to the issuance of a license pursuant
to section 6 hereof, any such ordinance shall require zoning board
of review approval of a special exception for earth removal.
Such special exception to be heard and decided consistent with
powers granted in Title 45, Chapter 24, Sections 13, 14 and 19
of the general laws of Rhode Island, 1956, as amended, and prior
written notice shall be given to the administrator and planning
board of the town. Except as otherwise provided herein, as a
condition precedent to granting of a special exception pursuant
to section 5 hereof, any such ordinance shall require the submission
to the zoning board of review and their approval thereof; DEL}
{DEL (a) of 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, and location
plan at an appropriate scale; (ii) proper provision for vehicular
traffic, service roads, control of entrances and exits to highway;
(iii) the relation of temporary and future buildings and operations
machinery to the removal areas, delineation of removal areas and
depths, fencing, method of removal, distance of excavation to
street and lot lines. DEL}
{DEL (b) of a restoration 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 setting forth the existing contours of the
tract of land and, based upon classifications of preliminary samples
of the material to be removed, (ii) 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 applied 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 on year of cessation of normal earth removal
operation and completed by timetable of restoration plan. The
decision of the zoning inspector shall be final in determining
when a restoration plan shall be put into effect, either on the
entire site or any portion thereof. DEL}
{DEL (c) of a certification by a registered engineer, landscape
architect or land surveyor that completion of earth removal operations
complies with restoration plan. DEL}
{DEL (d) if the plan set forth in subparagraph 5(b) is not
complied with, the town of Burrillville is authorized and empowered
to undertake and complete such plan and the owner of said tract
of land shall reimburse the town of Burrillville and the town
shall have a lien on said tract of land for such expenses. DEL}
{DEL (e) of a bond not to exceed five hundred dollars ($500.00)
per acre of said tract of land to insure compliance with the restoration
plan and reasonable additional accounts if required by the board
or town council to insure repair to town roads of damage by any
hauling operations. DEL}
{DEL Sec. 6. LICENSE REQUIRED. -- DEL} {DELAs 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 and upon the submission
of the documents required by section 5 and approval by the zoning
board of review of a special exception, and the payment of a license
fee of fifty dollars ($50.00). DEL}
{DEL The license shall be issued only to the owner of record
and shall not be transferable (should an existing earth removal
operation be sold, such operation shall not longer be considered
non-conforming and must obtain a license as set forth under section
10, herein). The license shall expire at the end of one year
and must be renewed annually, together with application for renewal
of an earth removal license for another year, plans shall be submitted
to the zoning inspector, showing any change or anticipated change
from originally submitted plans of earth removal activities.
If no changes are anticipated for the coming year, submission
of new plans are not required. DEL}
{DEL The zoning inspector, upon receipt of application for
renewal of an earth removal license, shall make a field inspection
of such earth removal activities to determine compliance with
plans on file. Such findings shall be sent tot he town council
with determination of compliance or non-compliance. The town
council shall issue the license for another year upon determination
of non-compliance, the license shall not be reissued until compliance
with such ordinance. DEL}
{DEL In granting or re-issuing 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. DEL}
{DEL Sec. 7. APPEALS. -- DEL} {DELAppeals from the decision of the
town council or zoning board of review shall be taken in the same
manner as appeals from decisions of the zoning board of review
as set forth in Title 45, Chapter 24, Section 20 of the general
laws of Rhode Island, 1956, entitled, "Zoning Ordinances,
as amended." DEL}
{DEL Sec. 8. REVOCATION OF LICENSE. -- DEL} {DELAny such ordinances
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 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. DEL}
{DEL Sec. 9. OTHER PROVISIONS. -- DEL} {DELAny such ordinance may: DEL}
{DEL (a) provide for a penalty for the violation of any of
its provisions of a fine not exceeding one hundred dollars ($100.00)
for each offense, each day deemed to a separate offense, such
fine to insure to the town of Burrillville; and also may DEL}
{DEL (b) provide that suit my be brought in the superior
court in the name of the town of Burrillville to restrain any
violation of or compel compliance with the provisions of such
earth removal ordinance or ordinances. DEL}
{DEL Sec. 10. EXEMPTIONS. -- DEL} {DELAny such ordinance shall not
apply to earth removal being conducted on the date of its enactment,
on any tract of land up to limits of presently owned property
in the town of Burrillville. The following conditions shall be
considered as conclusive evidence that such real property is or
has been used for the purpose of earth removal. DEL}
{DEL (a) such real property was acquired or leased prior
tot he effective date of this act; DEL}
{DEL (b) such real property was purchased by an individual
corporate or otherwise engaged at the time of acquisition in the
business of mineral extraction; DEL}
{DEL (c) such real property, or the substantial portion of
such property has not been permanently developed, for any residential,
commercial (other than farm or agriculture) or industrial purposes; DEL}
{DEL (d) such real property contains mineral deposits of
a demonstrable economic value; and DEL}
{DEL (e) That earth material has been removed from such real
property, for commercial purposes, at regular interval, over any
six (6) month period, within the last three (3) years. DEL}
{DEL Upon sale of any real property being used for earth removal
activities, the non-conforming status of this section shall no
longer be considered in effect and any subsequent earth removal
activities must be licensed and conform tot he the regulations
of any such earth removal ordinance. The application procedure
shall conform to section 6 herein. DEL}
{DEL Sec. 11. SEVERABILITY. -- DEL} {DELIf 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. DEL}
{DEL Sec. 12. TOWN OF BURRILLVILLE TO COMPLY WITH ORDINANCE.
-- DEL} {DELIf the town of Burrillville shall engage in earth removal
for municipal purposes, it shall substantially comply with the
provisions of the earth removal ordinance adopted pursuant to
this act. DEL}
{DEL Sec. 13. EFFECT OF ORDINANCES PREVIOUSLY ENACTED. --DEL} {DEL
This act shall not be deemed to limit by implication or otherwise
any ordinance enacted pursuant tot the authority of chapter 24
of title 45 of the general laws of 1956, as amended. DEL}
SECTION 2. This act shall take effect September 1, 1999.
