Any proposed excavation adversely affecting natural drainage or structural safety of adjoining buildings or lands shall be prohibited. Excavation shall not create objectionable dust or noise, contribute to soil erosion nor create any kind of noxious or injurious substance or condition or cause public hazard. All excavations for soil mining shall be in accordance with §
227-31 below.
[Amended 11-9-2009 by L.L. No. 8-2009]
A. Mining means the extraction of overburden and minerals from the earth;
the preparation and processing of minerals, including any activities
or processes or parts thereof for the extraction or removal of minerals
from their original location and the preparation, washing, cleaning,
crushing, stockpiling or other processing of minerals at the mine
location so as to make them suitable for commercial, industrial, or
construction use; exclusive of manufacturing processes, at the mine
location; the removal of such materials through sale or exchange,
or for commercial, industrial or municipal use; and the disposition
of overburden, tailings and waste at the mine location.
B. Mining shall be allowed only by special use permit and shall be subject
to any and all applicable New York State and/or federal regulations
and the regulations set forth in this article.
[Added 11-9-2009 by L.L. No. 8-2009]
The following information shall be submitted with the application
for a special permit:
A. Name and address of the applicant and owner(s) of the premises and
the section, block and lot of the proposed mining site as shown on
the Village Tax Maps.
B. Mining plan. The mining plan shall include the following:
(1)
A narrative which sets forth:
(a)
A description of the affected land indicating the present use
of the land and the present physical condition of the land, including
the existence of structures, vegetation and water cover;
(b)
A description of the existing or proposed mine indicating if
the operation is a surface consolidated, surface unconsolidated or
underground mine;
(c)
A description of the proposed mining method indicating the method
of extraction; and
(d)
The location of site entrances and off-site roadways to be used
to access the site.
(2)
Maps and plans. The following maps and plans, prepared by a
licensed engineer, surveyor and/or geologist, shall be submitted:
(a)
Location maps or aerial photos, at a scale of one inch equals
200 feet or larger, showing:
[1] Boundaries of land owned by the applicant.
[2] Proposed and existing excavated areas on the site.
[3] Existing private and public land uses within 500
feet from proposed excavation and appurtenant activities.
[4] Existing zoning within 500 feet of the site.
(b)
Natural features map at a scale of one inch equals 200 feet
or larger showing the following within 250 feet of the proposed excavation
and appurtenant activities:
[1] Existing topography at contour intervals not exceeding
five feet.
[2] Areas of trees and forests.
[3] Drainage features, including streams, springs,
ponds and drainage channels.
[4] Existing structures and improvements.
(c)
Mining plan at the same scale as the natural features map showing,
in addition to the information on the natural features map, the following
information within the site boundaries:
[1] Proposed excavation area, including depths and
slope of proposed excavation.
[2] Existing and proposed appurtenant activities.
[3] Existing and proposed access roads and parking
facilities, identified by type of surface material.
[4] Existing and proposed fencing, berms, and/or buffers,
identified by height and type of material.
[5] Area where topsoil and overburden will be stockpiled
for use in reclamation.
C. Reclamation plan. The reclamation plan shall include the following:
(1)
A narrative which sets forth:
(a)
A description of the applicant's land use objective, such as
farming, recreation, industrial, commercial or residential uses; or
a combination thereof; and
(b)
A description of the applicant's proposed method of reclaiming
the affected land which is consistent with the stated land use objective.
This description shall include specifics relative to the disposition
of all refuse, spoil, stockpiles and personal property; the treatment
of haulageways; drainage and water control; water impoundments; grading
and revegetation.
(2)
A reclamation plan at the same scale and covering the same area
as the Natural features map showing, in addition to the information
on the natural features map:
(a)
Boundaries of the area proposed for reclamation.
(b)
Final topography of the area proposed for reclamation at contour
intervals not exceeding two feet.
(c)
Final surface drainage patterns and the location and characteristics
of artificial drainage facilities in the area proposed for reclamation
and in contiguous areas.
(d)
Depth and characteristics of soil proposed to be used in reclamation.
(e)
The type and density of trees, shrubs and other vegetation proposed
to be used in reclamation.
D. New York State Department of Environmental Conservation permit. A
copy of the mining permit submitted to the New York State Department
of Environmental Conservation (NYSDEC), if such exists, shall be submitted,
together with a statement as to the status of such application, including
review under the New York State Environmental Quality Review (SEQR)
Act.
[Added 11-9-2009 by L.L. No. 8-2009]
A. General standards. In approving or denying a special permit for mining,
the standards and considerations taken into account shall include,
but not be limited to, the factors concerning the proposed excavations,
appurtenant activities and reclamation as follows:
(1)
Whether they are in accord with the intent of the Village Comprehensive
Plan.
(2)
Whether they will render the land unproductive or unsuitable
for agricultural or development purposes.
(3)
Whether they will impair the aesthetic or natural environment
of the excavation area or surrounding area.
(4)
Whether they will affect the character of surrounding land use.
(5)
Whether they will create excessive traffic or impair the quality
of the existing and proposed thoroughfares, community facilities and
drainage.
B. Specific standards for mining operations.
(1)
The active disturbed area which has not been restored shall,
at all times, be limited to the minimal acreage necessary to economically
conduct the excavation operation.
(2)
All structures and appurtenant activities shall conform to the
setback requirements of this chapter except that sedimentation ponds
may be located within the setback area if the applicant demonstrates
that the topography necessitates such a location and also demonstrates
that, where appropriate, sufficient safeguards such as a buffer will
be provided for the protection of neighboring residents.
(3)
Access roads and parking.
(a)
All access roads shall be designed to take advantage of buffers
or other features to screen, as much as feasible, excavation and appurtenant
activities from public view.
(b)
The first 200 feet of access to the excavation site adjoining
a public road shall be paved.
(c)
Sufficient off-street parking shall be provided for company
employees and visiting vehicles. The parking of any vehicles on a
public right-of-way or the parking of vehicles so as to impede traffic
or create a traffic hazard shall be prohibited.
(4)
Preservation of natural features.
(a)
Topsoil. All topsoil shall be stripped from the active excavation
area and stockpiled for use in accordance with the reclamation plan.
Such stockpiles shall be seeded, covered or otherwise treated to minimize
the effects of erosion by wind or water upon public roads, streams
or other water bodies or adjacent property.
(b)
Landscape. Existing hills, trees and ground cover fronting along
public roads or adjacent property shall be preserved, maintained or
supplemented by selective cutting, transplanting and the addition
of new trees, shrubs and other ground cover for the purpose of providing
a buffer. If the existing topography and vegetation do not lend themselves
to such treatment, the operation shall take into consideration the
potential of grading back overburden around the perimeter of the excavation
site to create a berm for the purpose of providing a buffer, provided
that the berm is properly landscaped with trees, shrubs or other ground
cover.
(c)
No excavation shall be allowed closer than 50 feet to a river,
stream, lake or other water body. Soil erosion, sedimentation and
groundwater seepage shall be controlled so as to prevent any negative
effects on bodies of water, public roads and neighboring properties.
(5)
Buffers. The Planning Board may require a buffer adjoining residentially
zoned properties. The buffer may consist of either artificial or natural
barriers such as berms, fences (not to exceed six feet in height),
shrubs, trees or any combination of these which provide security,
confine dust and flying particles to the mining premises, reduce noise
levels at the adjoining property lines, and which minimize any visual
impact of the mine. A service entrance gate shall be provided, said
gate to be locked unless the mining operation is being conducted.
C. Specific standards for reclamation.
(1)
Prior to replacement of topsoil for revegetation, the mine floor
shall be scarified or disked to promote penetration by tree or shrub
roots. Where topsoil existed prior to excavation, it shall be respread
over the excavated area to a minimum depth of six inches. Sufficient
permeable material shall be left in the mine floor to allow post-reclamation
land use.
(2)
The reclamation area shall be planted with trees, shrubs, grass
or other vegetation so as to provide for screening, natural beauty
and soil stability. The planting shall follow acceptable conservation
practices.
(3)
Reclamation shall be undertaken in such a way that natural and
storm drainage, where it enters and leaves the premises, shall be
altered only to the minimal degree necessary to carry out excavation
and appurtenant activities. Any alterations of natural and storm drainage
shall not adversely affect public roads or neighboring property owners.
(4)
Reclamation of mined areas at final grade shall be a continuous
operation, subject to approval at the termination of the permit period.
Topsoil grading and planting of the area designated for reclamation
during the special permit period shall have been completed before
a permit renewal is granted.
(5)
Within two years after termination of excavation operations,
all equipment, buildings, structures and other unsightly evidence
of the operation shall have been removed from the premises, or disposed
of by approved methods, and all reclamation measures shall have been
subsequently completed.
[Added 11-9-2009 by L.L. No. 8-2009]
A. Performance bond.
(1)
Before the issuance of any special permit approval, a performance
bond in the amount sufficient in the opinion of the Planning Board
to secure compliance with all of the conditions of approval, shall
be filed with the Village Clerk by the applicant. In lieu of a surety
bond, the applicant may deposit cash or certified check, United States
treasury certificates of indebtedness, treasury bills, bonds or notes,
an irrevocable bank letter of credit, a certificate of deposit, or
other forms of financial security acceptable to the Village Attorney.
Acceptable substitutes, if furnished, shall be kept on deposit with
the Village for the duration of the bond period.
(2)
The amount of the bond shall be limited to the amount determined
by the Planning Board as necessary to secure compliance with the land
use requirements, other than the reclamation, which is covered by
a bond filed with the Department of Environmental Conservation.
(3)
If, in case of default, the amount of the bond established by
the Planning Board is not sufficient to cover all of the costs incurred
by the Village for enforcement of the conditions of the land use approval,
including legal fees, the property owner and permittee shall be liable
for the full additional costs. If there is default of compliance,
the performance bond and/or funds on deposit shall be forfeited to
the Village. The Village shall return to the applicant any amount
in excess of the expenses incurred by the Village as a result of the
applicant's default.
(4)
Said bond shall continue in full force and effect until released
by the Village Board following a certificate of compliance having
been issued by the Village Engineer.
B. Length of permit. No special permit for mining operations shall be
granted for a period of more than five years, or the length of permit
approved by DEC, whichever is less, but such permit may be extended
to be consistent with the approved state permit. Permits issued subject
to these regulations shall, however, be conditioned upon the applicant's
receiving a certificate of compliance every year following its issuance
after site inspection and review by the Village's Code Enforcement
Officer.