[HISTORY: Adopted by the Town Board of the Town of Oneonta 8-11-2004 by L.L. No.
13-2004. Amendments noted where applicable.]
[1]
Editor's Note: Former Ch. 55, Mining, adopted 3-12-1973,
as amended, was repealed 6-10-1992 by L.L. No. 5-1992.
This chapter shall be known as the "Ordinance for the Regulation
of Mining Operations in the Town of Oneonta, Otsego County, New York."
The Town of Oneonta does hereby create this chapter for the
control of mining operations to the extent permitted by § 23-2703
of the Environmental Conservation Law of the State of New York to
protect and prevent serious and irreparable damage to the public health,
safety and general welfare.
The provisions of this chapter shall apply to all new mining
operations in the Town of Oneonta after the effective date hereof.
As used in this chapter, the following terms shall have the
meanings indicated:
Any operation which involves the breaking of the earth's
surface for the purpose of extracting and removing raw natural materials
(such as topsoil) from the premises for the purpose of sale or off-premises
use.
Any mining operation initiated on the same property as the
existing excavation site which is not contiguous to the existing site.
The owner of lands upon which a mining operation is situated
and any other person operating said operation and responsible therefor.
The process of restoring mined land to make it suitable for
any uses or purposes consistent with the provisions of the Environmental
Conservation Law.
The description of the operation required by the State of
New York to be performed to reclaim land to be mined over the life
of the mine. The reclamation plan shall include maps, plans, the schedule
of reclamation, written material and other documents as required by
the New York State Department of Environmental Conservation.
A.
Prior to the commencement of any new mining operation or operation
after the expiration of a permit, the owner of a mining operation
must obtain a special use permit issued by the Town of Oneonta Planning
Board.
B.
An application for a special mining permit must be made on a form
provided by the Planning Board and include a copy of all mining permits
granted by the Department of Environmental Conservation. If no permit
has been issued by the Department of Environmental Conservation at
the time of application, the applicant must provide copies of all
maps, plans, written material and other documents submitted to the
Department of Environmental Conservation.
C.
Upon submission of a completed application and the completion of
a public hearing, the Planning Board may issue a mining special use
permit with conditions limited to the following:
(1)
Ingress and egress to public thoroughfares controlled by the Town;
(2)
Routing of material transport vehicles on roads controlled by the
Town;
(3)
Requirements and conditions as specified in a permit issued by the
Department of Environmental Conservation under Article 23 of the Environmental
Conservation Law concerning setback from property boundaries and public
thoroughfare rights-of-way, natural or man-made barriers to restrict
access, if required, dust control and hours of operation, when such
requirements and conditions are established pursuant to Subdivision
3 of § 23-2711 of the Environmental Conservation Law;
(4)
Enforcement of reclamation requirements contained in mined land reclamation
permits issued by the Department of Environmental Conservation.
A.
Any special use permit granted hereunder may be renewable annually
at the discretion of the Planning Board upon the request of the owner
of the mining operation at least 60 days prior to the expiration date
of said permit; no public hearing is required for such renewal. Upon
application for renewal of a permit, the Planning Board shall refer
the application for investigation to determine if there has been compliance
with the conditions of the permit to either the Town Engineer or the
Code Enforcement Officer. No special use permit granted hereunder
shall be renewed without this investigation.
B.
If the investigating party finds that the mining operation is not
in compliance with the requirements of this chapter, it must formally
notify the owner of the mining operation and the Planning Board in
writing at least 30 days prior to the expiration date of the existing
permit of those findings, describing the specific violations that
are found. Failure of the owner to abate all violations by the anniversary
date of the permit shall be sufficient grounds for nonrenewal of the
permit by the Planning Board.
C.
If a mining special use permit is not renewed by its anniversary
date, the owner of the mining operation must apply for and receive
a new special use permit prior to the commencement of mining operations.
D.
Prior to the issuance of a special mining permit or a renewal thereof,
the owner of a mining operation shall pay a fee in such amount as
may be established from time to time by resolution of the Town Board.
Failure to pay this fee will be grounds for a nonrenewal of a special
use permit granted hereunder.
