[HISTORY: Adopted by the Town Board of the
Town of Moreau 7-27-2010 by L.L. No. 2-2010[1]. Amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed former Ch. 113,
Sand, Gravel and Mining, adopted 7-27-1990 by L.L. No. 4-1990.
It is the purpose of this chapter to promote the health, safety and general welfare of the residents of the Town of Moreau and to safeguard the aesthetic qualities of the Town. Excavation of sand, gravel, and other natural material deposits on lands within the Town that, to date, have not been the subject of mining activity is prohibited except as provided in § 113-4 herein.
As used in this chapter, the following words shall have the
meanings indicated:
The excavation of sand, gravel, clay, topsoil, rock, stone
or other natural deposits.
The work activities involved in the excavation of sand, gravel,
clay, topsoil, rock, stone or other natural deposits. In order to
operate a mining operation within the Town of Moreau, the owner/operator
must possess the following:
A mining special use permit from the Town Board of the Town
of Moreau.
A mining permit from the New York State Department of Environmental
Conservation (NYSDEC). Mining operations in excess of 1,000 tons or
750 cubic yards, whichever is less, per year are required to obtain
a mining permit from NYSDEC.
With the exception of mining operations legally in existence in the M-1, M-1A or M-2 Zoning Districts, as herein provided, mining as defined in § 113-2 is hereby prohibited. With the exception of mining operations legally in existence in the M-1, M-1A or M-2 Zoning Districts, as herein provided, no excavation for purposes other than the construction of a wall, driveway, road, sidewalk, building, swimming pool, septic system or other similar structures or part thereof shall be allowed within the Town.
Any mining operation legally in existence at the time of the enactment of this chapter may be continued although such use does not conform to the provisions of this chapter. Only existing mining operations legally in existence and located in the M-1, M-1A or M-2 Zoning Districts may be expanded, extended or enlarged beyond the limits or parameters of mining operations allowed by the permit for existing operations and the New York State Department of Environmental Conservation (NYSDEC) mining permit for the mining operation. Otherwise, no expansion is allowed. Legally in existence at the time of the enactment of this chapter means the owner/operator of the mining operation possesses a valid mining permit from the Town of Moreau issued, under predecessor Chapter 113, and a valid mining permit from NYSDEC. Notwithstanding anything in § 149-52 of Chapter 149 of the Code of the Town of Moreau to the contrary, such mining operations shall not be expanded, extended or enlarged except for those mining operations legally in existence in the M-1, M-1A or M-2 Zoning Districts and, in those zoning districts, only as provided for herein.
A.Â
A period of up to 60 days from the effective date of this chapter
shall be provided to an owner/operator of a mining operation legally
in existence to file an application for a mining special use permit
("permit") from the Town Board for mining operations legally in existence
while mining operations continue. However, all such excavations shall
be subject to all provisions of this chapter from the date of its
enactment. An application for a permit for mining operations legally
in existence shall be made on a form as prescribed by the Town and
accompanied by the appropriate application fee.
B.Â
The term of a permit for a mining operation legally in existence
shall be concurrent with the term of the mining permit from NYSDEC
for the mining operation. Permits for mining operations legally in
existence may be renewed, provided that an application for renewal
is made prior to the expiration of the permit issued under this section,
and provided that the Town has received notification from the NYSDEC
that a mining permit from NYSDEC for the mining operations will be
renewed or extended. An application for a mining special use permit
shall be made on a form prescribed by the Town and accompanied by
the appropriate application fee.
C.Â
Standard of review. When reviewing an application for expansion of
a mining operation legally in existence or for renewal of the permit,
the Town Board shall consider the following:
A.Â
The expansion of mining operations legally in existence in the M-1,
M-1A or M-2 Zoning Districts shall be allowed only upon the issuance
of a mining special use permit ("permit") from the Town Board.
B.Â
Public hearing. As part of the review of an application for a permit
for an expansion of a mining operation legally in existence, the Town
Board shall conduct a public hearing within 62 days of the date the
Town Board receives the application for a permit. Notice of said public
hearing shall be made in the official newspaper of the Town and shall
be provided to all property owners within 500 feet of the exterior
boundary of the property that is proposed to be subject to the expanded
mining operations.
C.Â
Standard of review. When reviewing an application for a permit for
the expansion of a mining operation legally in existence, the Town
Board shall consider the following:
Nothing contained in this chapter shall require a person to
obtain a permit for or prevent a person from removing topsoil, gravel
or fill from one part of his lands to another part of the same premises
or operations when such removal is necessary as an accessory use or
is made for the purpose of farming or improving said property.
For any and every violation of the provisions of this chapter,
the owner, general agent or contractor of a building or premises where
such violations have been committed or shall exist, and the lessee
or tenant of the premises where such violation has been committed
or shall exist, and the owner, general agent, contractor, lessee or
tenant of any part of the premises in which part of said violation
has been committed or shall exist, and the general agent, architect,
engineer, surveyor or building contractor who maintains any premises
in which such violation shall exist, shall be guilty of a misdemeanor,
punishable by a maximum fine of $1,000 or imprisonment for a term
not to exceed one year, or both, for the first offense; and, for the
second and subsequent offenses, by a fine not to exceed $5,000 or
imprisonment for a term not to exceed one year, or both. Each day's
continued willful violation shall constitute a separate additional
violation. Such fines or penalties shall be collected as like fines
are now by law collected.
Nothing herein contained shall be construed to abrogate any
provisions of the New York State Mined Land Reclamation Law, as the
same now provides or as the same may hereafter be amended to provide.
In the event of inconsistencies existing between the New York State
Mined Land Reclamation Law and the provisions of this chapter, the
New York State Mined Land Reclamation Law shall govern.
Should any section or provision of this chapter be deemed to
be unconstitutional or invalid by a court of law, such decision shall
not affect the validity of this chapter as a whole or any part thereof
other than the part so decided to be unconstitutional or invalid.
This chapter shall become effective upon filing with the Secretary
of State.
