SECTION 9 - PROHIBITED PROJECTS
The Regulator shall not grant a permit:
9.1 Where the excavation would violate the operational standards of Section 7;
9.2 When the issuance of the permit would be unduly hazardous or injurious to the public welfare, or would unduly endanger the safety of highway uses or local residents;
9.3 Where existing visual barriers would be removed, except to provide access to the excavation;
9.4 Where the excavation would substantially damage a known aquifer, so designated by the United States Geological Survey;
9.5 For excavation within 150 feet of an existing dwelling or a dwelling for which a building permit has been issued at the time the excavation is begun;
9.6 Where the project cannot comply with the reclamation provisions of Sections 6 and 8;
9.7 Where the excavation is not permitted by zoning or other applicable ordinances;
9.8 Where an excavation is proposed below road level within 50 feet of any highway right-of-way unless such excavation is for the purpose of said highway;
9.9 Where the excavation would cause unreasonable dimunition in area property value or unreasonably change the character of the neighborhood;
9.10 Where the excavation will unreasonably accelerate the deterioration of highways or create safety hazards in the use thereof.
|