[Added 12-26-2012 by L.L.
No. 1-2012[1]]
[1]
Editor's Note: Former Art. XIV, Vehicle Sales Overlay (VSO)
District Regulations and Restrictions, was repealed 5-5-2010 by L.L.
No. 2-2010.
[Amended 5-9-2018 by L.L.
No. 1-2018]
The Special Mining District (SM District) is established to
authorize zoning, in accordance with New York State Department of
Environmental Conservation (DEC) permits, of an area north of Hinman
Road adjacent to an existing ravine, because, due to previous zoning
codes, an area 300 feet in width and adjacent to the north bounds
of Hinman Road was eliminated from prior special use permits and DEC
permits. It is the finding of this Board that, with DEC permit restrictions,
a sufficient setback from Hinman Road will be provided. The Special
Mining District may also be appropriate for additional lands contiguous
to existing mines in strict accordance with DEC-issued permits.
Notwithstanding any other provision of this Chapter 200 of the Code of the Town of Lockport, there is hereby established a use district known as the "Special Mining Use District" (SM District). The following uses are allowed in such districts: mining and mining-related activities and structures.
The use allowed in the district shall not be subject to Planning Board Review or any other approval, so long as the appropriate New York State Department of Environmental Conservation permit(s) are obtained for the use allowed in this district and complied with. If any other provision of this Chapter 200 is inconsistent with or in conflict with the provisions of this article, the provisions of this article shall prevail, provided nothing in this article shall repeal or render inapplicable any provision of this Chapter 200 of the Code of the Town of Lockport except as it relates to the allowed uses in the SM District. Except for the lands contained in the SM District, the provisions of § 200-16(B) shall remain in effect.
[Amended 5-9-2018 by L.L.
No. 1-2018]
A.Â
The Zoning
Map of the Town of Lockport is hereby amended to include the following
area in the SM District: That part of Tax Map/parcel numbers 122.00-1-30.1;
122.00-1-77; 122.00-1-61.1; 122.00-1-62 and 122.00-1-30.2 which lie
north of Hinman Road and which are bounded on the south by Hinman
Road and on the north by a line parallel to the north bounds of Hinman
Road and distant 300 feet northerly therefrom. The east bounds of
said district is the east boundary line of the Town of Lockport. The
west boundary line of said district is the west line of Tax Map parcel
number 122.00-1-77. The southerly boundary of said district is approximately
4324.81 feet in length.
B.Â
The Zoning
Map of the Town of Lockport is hereby amended to include the following
area in the SM District, conditioned on entry into a mitigation/host
community agreement including a property value protection plan acceptable
to the Town. See attached Exhibit A.[1]
[1]
Editor's Note: Exhibit A is on file in the Town offices.
[Added 5-9-2018 by L.L.
No. 1-2018]
A.Â
In recognition
of the effects that mining of land has on a community, both at present
and into the future, when considering a request or application to
have land within the Town of Lockport rezoned to the Special Mining
Use District, the Town Board may require an applicant to undertake
mitigation measures and provide additional assurances to the Town
in order to protect and safeguard the health and welfare of the Town's
residents and infrastructure. These additional assurances may take
the form of a mitigation/host community agreement which benefits the
Town at large, an agreement or agreements concerning properties in
proximity to the lands to be rezoned, or additional measures. If such
measures are required by the Town, any ensuing rezoning of lands is
conditioned on the applicant, or its successor(s) in interest, entering
into and abiding by such agreements.
B.Â
This section
is enacted pursuant to the authority of Town Law § 261;
Municipal Home Rule Law § 10(1)(ii)(a)(11) and (12); and
Municipal Home Rule Law § 10(1)(ii)(d)(3), and to the extent
that it exceeds the authority granted by Town Law § 261,
supersedes said section.
