All land which has been excavated must be rehabilitated in accordance with standards set within one year after the termination of operations, at the expense of the operator, and shall be a condition of the approval of the special use permit. It is further provided that where an excavation operation has lasted longer than one year, rehabilitation of land in accordance with standards set must be begun and completed within one year's time. The Building Zoning Officer shall require the operator to cease excavation operations when the above standard is violated until the operator complies.

The Town Board shall not grant a special use permit for an excavation operation when the area in which the operation is proposed exhibits a residential character. The Town Board shall consider an area to have a residential character when a circle [radius 2,980 feet] drawn around the center of the proposed use contains 1/3 of the homes the area [approximately one square mile] of the circle would have if developed to the density allowed by this Zoning Chapter.

The Town Board may require a performance bond or some other financial guaranty that the conditions of the granting of the special use permit are carried out.

Under no circumstances shall the Town Board issue a special permit for excavation if such a permit under any circumstances and in any manner involves the storing, dumping or otherwise disposal of any waste, industrial waste, solid waste or regulated waste. Nothing in this section shall be construed so as to prevent farm operations; animal housing; the storage, use and disposal of manure or other animal waste; junkyards; or automobile wrecking yards as otherwise permitted by this chapter.

See § 120-43: Excavation operations for complete information on excavations.
See Forms for more information.